Planning Officer Report

Officer's Report

Application No.:	12/00169/B
Applicant:	Hartford Homes Ltd
Proposal:	Erection of a five storey building to provide nine apartments and associated parking (Amendments to 09/01388/B)
Site Address:	Windsor House / Bourne Hotel The Promenade Port Erin Isle Of Man IM9 6LA
Case Officer:	Miss S E Corlett
Photo Taken:	29.02.2012
Site Visit:	29.02.2012
Expected Decision Level:	Planning Committee

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE ON THE BASIS THAT THE SCHEME PROPOSES MORE THAN EIGHT RESIDENTIAL UNITS AND THE SCHEME WILL BE SUBJECT TO A SECTION 13 AGREEMENT TO PROVIDE THE AFFORDABLE HOMES

The Site

1. The site is the curtilage of two former hotels - Windsor House and the Brobourne Hotel situated towards the lower end of Port Erin upper promenade. The former buildings appeared as a block of property - the Brobourne Hotel and Windsor House - which sat on the eastern side of the Promenade between Victoria Square and Marina Lane and with a rear lane running behind the building between the two side roads. The two buildings were in fact, not identical nor formed part of a symmetrical or uniform unit - Windsor House sat on the northern side of the site and was a four storey property with three projecting three sided four storey bays and with pitched roofed dormers between. Brobourne Hotel was a three storey building with some attic accommodation with one three storey bay with dormer atop. The buildings were both rendered with string courses and some dentilled cornicing beneath the slated roof and with vertically proportioned sliding sash windows.

1. The buildings have recently been demolished and the site cleared in preparation of the erection of the apartments approved under PA 09/1388 (see Planning History).

The Proposal

1. Now proposed is the demolition of the buildings on the site and their replacement with a new apartment building which will accommodate nine apartments over six floors including a basement and accommodation within the roof. There will be 20 spaces provided, more than two per apartment (and two more than were proposed in the previous scheme), in the basement which will be accessed from Victoria Square rather than Marina Lane as was proposed in an earlier unsuccessful application. With the exception of the bin store and Manx Electricity Authority substation on the rear which are both single storey flat roofed structures, the building will be 5m from the edge of the rear lane which is significantly less than the existing footprint of the existing buildings.

1. The present building has dormers which extend above the eaves line and disguise most of the pitched slated roofing behind. The proposed building will be between 2.5m and 2.8m higher than the existing and slightly higher - 1.5m - than the building to the north (the Grosvenor Hotel). The new building will have three projecting square bays which extend up

to eaves level with glazed features at penthouse level slightly set back (0.5m) from the main frontage with the main part of the penthouse units set back by 3.5m compared with 2m previously. Between the first and third floors there are balconies separated by additional, smaller projecting features. The windows are generally square in shape but subdivided internally with transoms which present a vertical appearance. The mansard roof behind the roof level glazing will be finished in imitation slate with pitched roofed dormers in the side and rear elevations. The elevational drawings show different shading within the elevation on the elevations - the photomontage shows a building which is painted all the same colour (white) with Ashlar scribing on the first two floors above ground level.

1. Access to the parking spaces in the basement is via Victoria Square which accommodates the Erin Arts Centre, a workshop and residential properties.

1. Unlike the Marina Lane frontage, the side elevation to Victoria Square has a full width footway from which the building is set back. A new 1m wide footway is proposed on the Marina Lane side of the building.

1. As with the previous application, the applicant has indicated that rather than providing 25% of the apartments through the Department's affordable housing provision, as the apartments generally are too large to comply with this, they will make an appropriate payment of a commuted sum, in accordance with Housing Policy 5 of the Strategic Plan.

1. The scheme differs from that which has approval in terms of its overall height which will increase by 1.5m although the eaves level and the height of the solid walling below the leaded penthouse will be lower than the overall height of The Grosvenor to the north. The front entrance will be formed from a more solid sided porch compared with the canopy style entrance hood previously approved. The basement will be slightly less deep than previously proposed with the ground floor level slightly higher and with ventilation grilles introduced alongside the road on the front elevation and the side elevation to Marina Lane.

Planning Status

1. The site lies within an area designated on the Port Erin Local Plan of 1990 as Tourism/Residential. Specific reference is also made to this block at paragraph 9.2 which states "Several zones of interest do exist which include buildings which although not necessarily appropriate for registration, do contribute significantly to the character of the Village." The Plan goes on "These zones of interest include...St. Catherine's Terrace and the Promenade" (paragraph 9.3). "THE FOREGOING ZONES OF INTEREST ARE GENERALLY RESIDENTIAL OR TOURIST RELATED AND WHERE IT IS CONSIDERED THAT MAINTENANCE OR REFURBISHMENT MAY BE ENCOURAGED, PARTICULARLY AT THE UPPER LEVELS, MIXED USE WILL BE PERMITTED WHERE APPROPRIATE. MIXED USE WOULD INCLUDE RETAIL, RESIDENTIAL AND USE FOR TOURISM BUT NOT OFFICE USE" (paragraph 9.4) and finally "ALTHOUGH NO CONSERVATION AREA EXISTS IN PORT ERIN IT IS RECOGNISED THAT IN THE ZONES OF INTEREST IN PARTICULAR, SPECIAL ATTENTION SHOULD BE PAID TO ALTERATIONS AND REPLACEMENT BUILDINGS WHICH MIGHT AFFECT THE GENERAL ENVIRONMENT" (paragraph 9.7).

1. In the Southern Area Plan the site lies within an area designated as Predominantly Residential. The Plan identifies a number of hotels which are considered appropriate to retain as such. The hotels on the application site are not included.

1. In addition, the following policies from the Strategic Plan are considered relevant:

Environment Policy 42: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular are will

not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans".

Housing Policy 5: "In granting planning permission on land zoned for residential development or in predominantly residential areas the department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more". This policy was adopted by Tynwald resolution in July 2005 ahead of approval of the Strategic Plan in July 2007.

Appendix 7: "New built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to: a) the location of the housing relative to public transport, employment and public amenities, b) the size of the dwelling, c) any restriction on the nature of the occupancy (such as sheltered housing) and d) the impact on the character and appearance of the surrounding area (paragraph A.7.1). This goes on to recommend that one space is provided for a one bedroomed apartment, 2 spaces for two or more bedrooms but that "These standards may be relaxed where development: a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or b) would result in the preservation of a sensitive streetscape, or c) is otherwise of benefit to the character of a Conservation Area d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality" (A.7.6).

Planning History

1. The following applications have been submitted in respect of this site:

PA 87/1720 - erection of replacement a new board, Windsor House - permitted PA 87/4521 - alterations to convert newsagent's and kitchen into cafe, newsagent's and Brobourne Hotel - permitted PA 88/0589 - erection of fire escape, Windsor House - permitted PA 89/0798 - construction of new classroom extension, Institute of Hospitality, Windsor House - permitted on appeal PA 89/1303 - internal alterations to upgrade, Brobourne House - permitted PA 91/1740 - formation of new door to laundry, Windsor House - permitted PA 94/0503 - change of use to children's playgroup, Da Vinci's restaurant, Brobourne Hotel - refused PA 99/2332 - installation of uPVC windows, International Hotel School (Brobourne Hotel) - permitted PA 05/1381 - installation of uPVC top opening casement windows - refused and

PA 07/0989 - demolition of existing building and erection of five storey building and basement to accommodate 14 apartments and 23 parking spaces which was refused by the Planning Committee and the refusal confirmed on appeal for reasons relating to the appearance of the building in the context of its setting.

PA 09/01388 - erection of a five storey building to accommodate nine apartments - permitted.

Representations

1. Highways and Traffic Division indicate that the proposal complies with their requirements and standards

1. The Environmental Health Division of Department of Environment, Food and Agriculture advise that the resultant apartments will need to be registered under the Housing (Flats) Regulations 1982. This is not a material consideration and should not be referred to in the decision notice.

1. Port Erin Commissioners indicate that they approve the application.

Assessment

1. The proposal is very similar to that which already has approval and the applicant has demonstrated that they wish to commence the project by demolishing the existing buildings in readiness, albeit under the provisions of the earlier application. The building will be higher, but this will not be readily appreciated from street level alongside nor from higher on the promenade. The height will be perceivable from further away – for example from the breakwater, however, the upper floor is finished in dark material which will minimise its prominence in the streetscene.

1. The building will have slightly different but no less acceptable detailing and with more parking in the basement. The Highways Authority has indicated that it does not object to the application.

1. The site is an important one both in the streetscene and for the character of the village and what is proposed will enhance the streetscene and the vibrancy of the village. As such the application is considered to be acceptable and is recommended for approval.

Party Status

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

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. Department of Environment, Food and Agriculture Environmental Health does not raise material considerations and as such should not be afforded party status.

Recommendation

Recommended Decision: Approve subject to Legal Agreement

Date of Recommendation: 05.04.2012

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 permission relates to the erection of an apartment block as shown in drawings 01, 02, 03, 04, 05 and 06 all received on 3rd February, 2012.

C 3. All external parts of the building in a rendered finish must be painted/coloured in one single colour.

C 4. The parking shown in the basement must be available for use only by those occupying the apartments hereby approved.

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 : mnded to Committee Meeting Date : 16-4-12

Signed : Sponoult Presenting Officer

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