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THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the curtilage of The Bridge Inn public house, which is located on New Road in Laxey. The proposed development comprises the conversion of public house to five apartments with parking. PLANNING HISTORY
Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.
REPRESENTATIONS
Laxey Village Commissioners object to the planning application. The grounds for their objection can be summarised as concern that the parking arrangements are unsatisfactory and unrealistic, with poor visibility from the site onto the adjoining highway.
The Department of Infrastructure Highways Division do not oppose the planning application.
The Isle of Man Water and Sewerage Authority do not oppose the planning application. The Manx Electricity Authority expresses an interest in the planning application. The Department of Environment, Food and Agriculture Environmental Health Division express an interest in the planning application.
The Isle of Man branch of CAMRA (c/o 9 Ballakermeen Drive, Douglas) objects to the planning application on the grounds of the loss of the public house being detrimental to the community.
In terms of local plan policy, the application site is located within a wider area of land that designated as mixed use (residential/retail/office) under the Laxey and Lonan Area Plan Order 2005.
Policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005 states:
"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
The application site is also within a Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states:
"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains five policies that are considered specifically material to the assessment of this current planning application.
"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
"The conversion of buildings into flats will generally be permitted in residential areas provided that:
Community Policy 4 states: "Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable."
Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." Car parking standards are set out at Appendix 7 of the Isle of Man Strategic Plan 2007. In respect of apartments the car parking standard is defined as 1 space for 1 bedroom; and 2 spaces for 2 or more bedrooms.
The planning application seeks planning approval for the conversion of the public house contained within the application site into five apartments with associated on-site car parking.
The first issue to consider when assessing the proposal is the principle of the loss of the public house that would result from the proposed conversion. Indeed, it can be seen that Community Policy 4 of the Isle of Man Strategic Plan 2007 seeks to protect against the loss of community facilities, including public houses, unless it is demonstrated that the use is no longer commercially viable or cannot be made commercially viable. No pre-application discussion was undertaken by the applicant and the planning application contains no information regarding this issue. This issue was highlighted to applicant's agent (see letter 23rd May 2011 on application file) and they were advised to either submit evidence by the 20th June or withdraw the planning application pending resubmission following the formulation of evidence. No response was received to this letter and at the time of writing it has to be concluded that the planning application does not provide any evidence to demonstrate that the public house is no longer commercially viable or cannot be made commercially viable. As such, the proposal results in the unjustified loss of community facilities, with the planning application being contrary to the provisions of Community Policy 4. This is grounds for refusal of the planning application.
Setting aside the above issue, when considering the conversion of existing buildings to apartments the key issues to consider are the acceptability of the living environment created within each apartment and the car parking provision. As the lounge of each apartment has a primary window facing onto New Road it is considered that the living environment is acceptable. Under the provisions of the Isle of Man Strategic Plan 2007 (Appendix 7) the proposed development is required to be served by a minimum of ten car parking spaces. As the proposal is only served by five car parking spaces the proposal fails to satisfy the car parking requirement and is contrary to the provisions of General Policy 2, Housing Policy 17 and Transport Policy 7 of the Isle of Man Strategic Plan 2007. This is further grounds for refusal of the planning application.
It is recommended that the planning application be refused.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
Recommended Decision: Refused Date of Recommendation: 20.06.2011
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
The proposal represents the loss of a facility that is of benefit to Laxey and the wider community. No evidence has been submitted with the planning application to satisfactorily demonstrate that the existing use is no longer commercially viable, or cannot be made commercially viable. As such, the proposal is contrary to the provisions of Community Policy 4 of the Isle of Man Strategic Plan 2007.
Irrespective of the first reason for refusal the proposed conversion fails to provide sufficient associated on-site car parking provision. As such, the proposal is contrary to the provisions of General Policy 2, Housing Policy 17 and Transport Policy 7 of the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Senior Planning Officer.
Decision Made: Refused Date: 21/6/11
Signed: _________________________ Michael Gallagher Director of Planning and Building Control Delete as appropriate
Signed: _________________________ Jennifer Chance Senior Planning Officer
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