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Application No.: 18/01085/B Applicant: Mr Richard And Mrs Beverley Clegg Proposal: Demolition of existing garage and erection of single storey, detached, timber clad building for the preparation of food (in association with RB application 18/00958/CON) Site Address: Greenbank Formerly Glen Road Garage Glen Road Laxey Isle Of Man IM4 7AR Planning Officer: Mr Owen Gore Photo Taken: 30.10.2018 Site Visit: 30.10.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 28.02.2019 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: In the interests of the character and appearance of the site and surrounding area in accordance with General Policy 2 and Environmental Policy 35 of the Isle of Man Strategic Plan 2016.
C 3.
public highway shall be made up of concrete, in accordance with the details submitted by email dated 27 February 2019.
Reason: In the interests of highway safety in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This planning permission relates to the following plans and documents: Covering Letter dated 16 & 17 October 2018 Creative Juices Planning Statement
Email dated 18 February 2019 including attachments: Rhino Steel Cladding technical Specification - Corrugated Roof Sheets Images of Aluminium windows/doors
Email dated 27 February 2019
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following organisation should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Manx Utilities as they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status (July 2018).
_____________________________________________________________________________ Officer’s Report THE SITE
1.1 The application site comprises of the curtilage of a detached building located between the properties on Muir Terrace and the Salmon River Apartments in the converted mill building. To the rear of the building is the Laxey River. The site is within the Laxey Conservation Area. - 1.2 The building is a vehicle repair workshop and is constructed with Manx stonework on the two side elevations and the rear elevation and corrugated metal and timber doors and frontage on the front elevation. The roof construction is made of timber facias with corrugated metal on the fall of the roof.
1.3 The application was submitted following the withdrawal of the previous planning application ref: - 18/00957/B. The current application is linked to planning application ref: 18/00958/CON THE PROPOSAL - 2.1 The proposal is for the demolition of this building in the Conservation Area, clearance of the site and erection of a single storey, detached, timber clad building to be used for the preparation of food. The demolition is also being considered under planning application ref: 18/00958/CON. PLANNING POLICY - 3.1 The site is shown on the Laxey and Lonan Local Plan 2005 Laxey map as being within the local plan area and the property is designated within an area of Light Industrial Use, which includes the converted mill building that now form the Salmon River Apartments and the St Georges Mill on the opposite side of the river, to the east/south east of the site.
3.2 The 'Indicative Flood Map Laxey River and Tributaries' shows the site as not in an area of potential flood risk, although it is immediately adjacent to the river. - 3.3 The Laxey and Lonan Area Plan Order 2005 plan contains the following policies that are considered specifically material to the assessment of this current planning application. - 3.4 Policy L/IND/PR/1 states 'Where land is designated for industry, the accepted use of this land will be for light industrial purposes as is defined in the 1982 Development Plan Order: That is, light industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit or undue generation of traffic or parking of vehicles'. - 3.5 Policy L/CRB/PR/4 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)'. - 3.6 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application. - 3.7 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:
3.8 Environment Policy 10 states 'Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4'. - 3.9 Environment 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'. - 3.10 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'.
4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they do not oppose, subject to conditions, in the letter dated 04 December 2018. The comments continue: -
'…the existing site plan shows that the existing hard surfacing area in front of the garage could accommodate up to 6 parked cars depending on whether the garage doors are open. With the proposed wooden cabin in place this would be reduced to 2 car parking spaces. However, the parking demand should be reduced as a result of the development provided that no customers would visit the site. This could be secured via a planning condition so the loss of site parking would be acceptable.
The applicant proposes to surface the parking area with gravel which could result in loose material being illegally transferred onto the adopted highway of Glen Road, which would also be unsafe. Section 10.2.4 of the 'Manual for Manx Roads' design guide states that a private access should be surfaced in a bound material over at least the first 5m adjacent to the public highway to prevent this. A planning condition is therefore needed for the proposed type of surfacing to be changed and agreed.
The proposed side wall would be no higher than 0.7m which would not have any adverse impact on the highway visibility of the existing site access.
The applicant has not confirmed the size of the delivery vehicles to be used, but there should be sufficient room for a vehicle to pass a delivery vehicle parked on the highway adjacent to the site. If the delivery vehicle is small enough to park on the site then this would be beneficial'.
5.2 Garff Commissioners have commented on this application and stated that they do not object in the letter dated 13 November 2018. - 5.3 Manx Utilities have commented on this application in their email dated 06 November 2018. The comment confirm that the site falls outside of the High Flood Risk Zone on the fluvial flood
maps; however they state that they are aware of this site being at risk to flooding from surface water or pluvial sources. The comments continue: -
'For this site and the intended use Manx Utilities recommend that flood resilience measures are introduced into the applicants plans. Such measures could include ensuring that all electric points are located high up; tiling of floor covering; cement sand render; adding salt additives to lime plaster; adding waterproof grout etc.'
ASSESSMENT The principle of development
6.1 The proposal is to replace an existing building that is used for a general industrial use i.e. a vehicle repair garage with a light industrial use, for the preparation of juice/food to be sold in the applicants café/juice bar in a different premises. The proposed use is in accordance with the land use zoning and therefore principle for the development is acceptable, subject to the considerations below. Character and appearance
6.2 The building is a vehicle repair workshop located between the properties on Muir Terrace and the Salmon River Apartments in the converted mill building. The properties that form Muir Terrace are cottage style terraces that are finished in render/pebbledash, with ornate window and door surrounds and grey/brown double-roman tiles on the roof. The converted mill building that now forms the Salmon River Apartments is an attractive Manx stone building with brick quoins around the fenestrations and soldier coursing. Both have historic value and are overall in keeping with the Conservation Area. - 6.3 The application building is constructed with Manx stonework on the two side elevations and the rear elevation and corrugated metal and timber doors and frontage on the front elevation; the front elevation is the only one reasonably visible form the highway in front and the roof is visible from the surrounding streets where there is an increase in the ground level. The roof construction is made of timber facias with corrugated metal on the fall of the roof. The site in front of the building is concrete hardstanding that is currently used as a parking/works area for the current vehicle repair workshop. - 6.4 Although the building has some historic merit as a rustic industrial building it is not specifically a feature of the Conservation Area and is in a significantly dilapidated state; due to the style of construction it seems unlikely that it could be converted for modern use. The current use could be argued to detract from the character of the Conservation Area due to the unsympathetic, concrete hardstanding that is being used as a works area and the presence of vehicles on the site being worked on. - 6.5 The proposed design is a single storey, detached, timber clad building. The original submission showed a black felt shingle roof covering and brown uPVC window frames; however following negotiation, the applicant has confirmed that the proposed roofing material will be a corrugated metal, to be more in keeping with the existing building and aluminium window frames finished in dark grey. - 6.6 Considering the current state of the existing building, its general value within the Conservation Area and the proposed building that will replace it, the loss of this building is not considered to have a detrimental impact to the character of the area and will enhance the Conservation Area. The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. Impact on neighbours - 6.7 The proposal is changing the use from general industrial use i.e. a vehicle repair garage, to a light industrial use, for the preparation of juice/food. The surrounding area primarily contains
7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings or the Conservation Area. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. The proposal therefore complies with General Policy 2 and Environmental Policy 35. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 01.03.2019 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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