Planning Officer Report 14 Dec

Planning Officer Report And Recommendations {{table:326155}}

Officer's Report

The Application Site

1. The application site comprises the residential curtilage of an end terrace, three storey dwelling on Church Road, Onchan. The dwelling sits north west on the boundary of St Peters Church.

1. There are two parking spaces available to the rear of the dwelling and the availability of parking on the highway. To the rear of the property is a communal drive way area.

The Proposal

is the garage door at the rear of the site?

1. The proposal comprises to replace existing garage door with a window and door.

Planning History

1. The application site has been the subject of a previous planning application which is considered specifically material to the assessment of this current planning application:

PA 99/02041/B sought planning approval for alterations and creation of hardstanding. This planning application was refused on review due to the loss of landscaped amenity space.

1. Whilst not the application site, 17 Church Road has been the subject of a previous planning application which is considered specifically material to the assessment of this current application:

PA 96/01664/B: Conversion of garage to store. This application comprised the removal of a garage door to be replaced with a white PVC door, accompanied with a side, top hung window and large fixed window. This planning application was permitted.

Planning Policy

1. In terms of local plan policy, the application site is within Onchans Conservation Area and recognised as being within predominantly mixed use under the Onchan Local Plan 2000 (Planning Circular 1/2000). There are two policies in the Onchan Local Plan that are recognised as being specifically material to the assessment of this current planning application:

Policy O/RES/P/20 states:

"Except where required otherwise by the local plan, car parking standards of at least three spaces per dwelling which may include a garage will be applied to all new residential development within the local plan area. Permission will not generally be forthcoming for extensions or conversions which result in a loss of parking space behind the building line".

Policy O/RES/P/21 states:

"Extensions and alterations to existing residential property will generally not be opposed where such proposals are appropriate in terms of scale, massing, design, appearance and impact on adjacent property."

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

General Policy 2 states:

"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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

Environmental Policy 35 states:

"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."

1. In terms of Planning Circular 1/98: The Alteration and Replacement of Windows set down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states:

"If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows"

REPRESENTATIONS

1. It should perhaps also note that no restrictions have been placed

upon the use of the garage. Consequently no approval is needed to use the room as an office, bedroom or other habitable purpose. The 'use' of the room for residential lining purposes does not constitute 'development'. The only element that requires permission is the external physical attention.

1. Onchan Commissioners have objections to the proposal due to the loss of one on-site parking space.

1. The Highways Division have objections to the proposal on the grounds that parking is reduced from one space to two.

1. The occupant of 33 Ballaquark has enquired about the proposed application stating about the loss of parking facilities as well as the change of use from garage space to dwelling space.

Assessment

1. The planning application seeks approval for the blocking up of the existing garage door opening and fitting a white PVC window and door with a rendered finish to the walls at the rear of the elevation.

1. ~~In terms of Policy O/RES/P/20 under the Onchan Local Plan 2000 the proposed development will result in the loss of on-site parking availability.~~ The Highways Division and Onchan Commissioners have both objected to the proposal with the concerns of a loss of parking. However, from visiting the site there was the opportunity for on-street parking which is not restricted and parking on the highway is considered not to affect to the flow of traffic as Church Road is a one way system with parking on either side of the road, therefore having no real impact on highway safety or the flow of traffic. After speaking to the Highway Division it is their concern that that there is a loss of a designated parking space for 21 Church Road thus encouraging parking on the highway. It has been noted that at the time of three site visits, 13.10 30th November 2011, 18.00 8th December and at 15.00 9th December 2011 there was no issues with parking spaces and there was no traffic using the road. Although there is a loss of a designated parking space from the garage it appears almost impossible to manoeuvre another vehicle behind the dwelling when two vehicles (as there seems to be space for) are parked to the rear of the dwelling, never mind manoeuvring a vehicle into the garage space. Given the number of housing on Church Road, there appears to be enough space for these dwellings.

1. Referring to Policy O/RES/P/21 in the Onchan Local Plan 2000 the proposed development does not unduly affect public amenity. The two adjoining properties, 19 and 17 Church Road, both have white UPVC windows, therefore the proposed development would be keeping in with the character of the area.

1. An issue to consider in this assessment of this planning application is the impact of the proposal on the Conservation Area. In this instance the proposed replacement of windows are in the style of white PVC windows, the existing windows on the property are top hung timber frame, nevertheless the adjoining properties both have PVC casement windows. In terms of Environmental Policy 35 the development is considered to preserve the area. Given the position of the proposal at the rear of the dwelling visual amenity is not considered to be harmed by the public view or from the adjoining and adjacent properties. Referring to Planning Circular 1/98 the proposal is not affected as the existing window and garage door to be replaced are not the original of the dwelling and the replacement proposal improves the dwelling. Number 17 Church Road has had a similar application for conversion of garage to store (PA 96/01664/B) which was approved. 17 have the UPVC door to the rear with an adjoining and adjacent window similar to that of number 21 Church Road proposal.

1. It is considered that the overall level of development contained within the proposal will reduce parking which goes against Policy O/RES/P/20 however it is in accordance with Policy O/RES/P/21 in The Onchan Local Plan 2000 (Planning Circular 1/2000), General Policy 2 and Environmental Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98 (Part 6, category b).

1. The proposal is not considered to affect any other obvious material planning consideration.

Recommendation

1. It is recommended that the planning application be permitted.

Party Status

1. The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status:

Onchan Commissioners

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

Occupant of 33 Ballaquark Highways Division

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 14.12.2011

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Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to Page Ref: 1, 2, 3, 4, 5 date stamped 5th October 2011.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : _________________________ Committee Meeting Date : _________________________

Signed : _________________________ Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate. YES/NO