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THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE ARE THREE OBJECTORS WHO ARE SUFFICIENTLY CLOSE TO THE SITE TO BE CONSIDERED TO HAVE INTERESTED PARTY STATUS.
The site is the curtilage of 4, Silverburn Drive which sits on the corner of Silverburn Drive and Station Road (A5) in the heart of Ballasalla. The property is a single storey former dwelling which has a flat roofed garage on the southern side. The property has a large parking apron on the Silverburn Drive side as well as an access off Douglas Road.
The premises are used as a dental surgery, permission having been granted under PA 07/0691. A solar panel was added under PA 08/1603. The property has residential dwellings to the south and west.
The site lies within an area designated for Residential use on the Town and Country Planning (Development Plan) Order 1982 and the draft Southern Area Plan.
Proposed now is the demolition of the flat roofed garage and its replacement with an extension to accommodate a consulting room, X-ray room and utility room and lobby. This extension will have a hipped, pitched roof tying into the main roof. The extension will be set back slightly (500mm) from the front of the dwelling and would extend backwards by 3.5m further than does the existing garage. The application includes photographs which illustrate that the existing garage is used for the storage of gas and equipment in connection with the dental practice and is not used for the parking of vehicles.
Malew Parish Commissioners indicate that they do not object to the application
The owner of 6, Silverburn Drive express concern at the fact that the original application stated that the practice would be open to the NHS as well as private patients and it no longer caters for NHS patients. They also express concern at the amount of vehicles which the practice generates and that the proposals will result in more patients and thus an increased parking problem in Silverburn estate. They comment that the location plan does not show all of their property nor all of the existing or proposed car parking. They note that there are air conditioning units which do not appear to have planning permission which are clearly visible from the road nor the timber structures in the rear garden.
The owners of 7, and 14, Silverburn Drive objects to the application on the basis of parking problems caused by the dental practice, the loss of NHS service and the loss of car parking provision.
The owner of 10, Silverburn Drive objects on the same grounds as the owner of 7, Silverburn Drive and states that they frequently have to find a parking space some distance from her property which is inconvenient due to her age and agility.
The Highway Authority advise that the applicant must ensure that staff park in the Commissioners car park as originally stated. The IOMWSA request that no surface water is discharged to the main foul sewer. MEA request that the applicant contact them in respect of the provision of an electricity supply to the property.
Planning permission was granted for the use of the premises as a dental surgery under PA 07/00691 subject to hours of operation - between the hours of 8.30am and 5.30pm in any week day, between 10am and 1pm on any Saturday and for one evening in any week to be open until 7pm.
The proposal will result in the loss of a garage which is not presently used for car parking, and the provision of a larger facility albeit it in real terms only being a new office facility and store over and above what already exists on site. The garage is clearly not presently used for parking and if it were, access in and out would be difficult if the parking space in front of it were also used.
The applicant has experienced problems in using the garage due to the temperature within it - the garage is not particularly attractive and does not contain insulation to prevent any noise from the equipment from escaping. There are, therefore, practical reasons why the garage should be rebuilt for storage and other purposes. They have also found that they require more storage space for paperwork than was previously envisaged. It could be suggested that the premises are outgrowing their site, however the plans demonstrate that the rebuilding of the garage will provide for all of the required needs, whilst also improving the appearance of the property, without significant increase in visitors or impact on the area.
The applicant suggests that the change from NHS and private patients to only the latter has resulted in a significant reduction in patient numbers. The car parking provision has been extended to accommodate three vehicles off Douglas Road and six vehicles from Silverburn Drive. Most of the staff share lifts or walk to work and indeed a number of times that the reporting officer has visited the site, there have been one or two vehicles parked on the drive off Silverburn Drive, and no vehicles parked on the public highway alongside the property.
The applicant states that none of the neighbours have reported parking problems to them since opening the surgery and having undertaken an audit of the parking situation in February, 2011 and have found that significantly more residents park on the road (147) than patients (5) and that there are residents in the neighbourhood who regularly park on the road whilst retaining off road parking within their sites. They indicated that they have considered erecting signs to show patients where to park but have been reluctant up to now to do this, in order to help the dental practice fit visually into the neighbourhood.
There are two issues in this case: firstly does the proposed development increase the amount of visitors and/or staff connected with the premises and if so, is there sufficient space available to accommodate these users. The proposed works are largely to replace existing space and will not result in so great an increase in internal space as would result in a significant change to the use of the premises or generation of visitors. The actual amount of floor area increase is not great and the loss of the garage will not result in a loss of parking as the garage is not, nor could it conveniently be, used for car parking.
As such, it is considered that the works would not result in so great an increase in floor area that there will be a material change in the nature of visitors to the property.
Even if it is not accepted that this is the case, the premises have space for nine vehicles to be parked within the site and the applicant's information together with observations of the site, demonstrate that the site is more than adequate to accommodate the number of vehicles associated with the site without significant, or any impact on Silverburn Drive. Whilst the objectors appear to be concerned at the lack of NHS service, it would appear that this actually helps the parking situation through reduced patient numbers.
As such, the application is recommended for approval.
It is relevant that of the nine properties in the immediate vicinity of the site, only three have objected in writing to the application.
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.
The owners of 6, 7 and 10, Silverburn Drive are either next to or close to the site and as such should be afforded party status.
14, Silverburn Drive is not considered to be so close to the site as to be directly affected by the proposal and as such should not be afforded party status in this instance.
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.
Recommended Decision: Permitted
Date of Recommendation: 02.03.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 alterations and extension of the existing dental practice as shown and described in drawings 10 729 01 and 10 729 02 both received on 7th January, 2011.
C 3. The dental surgery may only be operational between the hours of 8.30am and 5.30pm in any week day, between 10am and 1pm on any Saturday and for one evening in any week to be open until 7pm.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : 05.04.2011 Authority Meeting Date : 10.3.2011
Signed: _________________________ Presenting Officer
Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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