Planning Officer Report Recommendations

Planning Officer Report And Recommendations {{table:377659}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE LAND USE DESIGNATION UNDER THE LOCAL PLAN.

The Application Site

1. The application site comprises a triangular parcel of land located on the northern side of Glen Road, adjacent to St George's Bridge and Laxey River, in Laxey. The site currently contains a two storey stone warehouse building adjacent to the highway and single storey garaging adjacent to Laxey River. The buildings contained within the application are currently vacant.

The Proposal

1. The proposal comprises the conversion of the stone warehouse building into two holiday apartments (1 x 3 bed & 1 x 2 bed). The existing single storey garaging is proposed to be partially demolished with the remaining converted into storage and drying space for the proposed holiday apartments. Two on-site car parking spaces are proposed for the development.

1. In addition to the drawings a planning statement, flood risk statement and structural appraisal of the stone warehouse building has been submitted with the planning application.

Planning History

1. The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

Planning Policy

1. In terms of local plan policy, the application site is designated as light industrial use under the Laxey and Lonan Area Plan Order 2005. The application site is also located within a Conservation Area and an area of potential flood risk.

1. 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.

1. Policy L/RES/PR/1 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."

1. 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".

1. 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)."

1. 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:

1. 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."

1. 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."

1. 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."

1. Business Policy 11 states:

18 February 2013 13/00031/B Page 2 of 5

"Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted."

1. 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." Whilst there is no stated standard for tourist development the relevant standard under Appendix 7 for apartments is one space for one bedroom and two spaces for two or more bedrooms. Appendix 7 also states 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.

Representations

1. Laxey Village Commissioners have advised they do not oppose the principle behind the development but felt unable to reach an overall decision as they consider the application to include insufficient detail regarding the style of replacement windows and doors.
2. The Department of Infrastructure Highways Division do not oppose the planning application.
3. The Isle of Man Water and Sewerage Authority advise that they have no objection to the proposed development and that the submitted flood risk assessment satisfies their requirements.
4. The Manx Electricity Authority expresses an interest in the planning application.

Assessment

1. The first issue to consider is the general principle of the use of the application site and building for tourist accommodation. Consideration needs to be given to the acceptability of the loss of light industrial space that would result if this planning application was approved. As stated earlier in this report the application site and buildings are currently vacant. However, as the application site and existing buildings do not readily lend themselves to the demands and requirements of modern industrial use it is understandable why they are currently vacant. Whilst a new tenant cannot be entirely ruled out it is considered reasonable to assume that is unlikely. As such, the future viability of the site for light industrial use is questionable. In addition to that, the designation of the site as light industrial use is believed to essentially be a reflection of the historic use of the site and the use of the site at the time the local plan was prepared. The surrounding area primarily contains residential property and any industrial use within such close proximity always has the potential to be a bad neighbour. The change to tourist accommodation would remove such potential conflict and be more in keeping with the primarily residential nature of the surrounding area. Overall, it is concluded that the loss of a small area of light industrial use is outweighed by the benefits that would arise from the re-use of the site. As such, the principle of tourist accommodation on the application site is concluded to be acceptable.
2. Whilst not a direct requirement under any planning policy it is appropriate to consider the structural ability of the building to be converted. In terms of this the planning application is accompanied by a structural appraisal that was undertaken by an appropriately qualified engineer. This appraisal concludes that the building is generally sound and that the proposed conversion is possible. This conclusion is not unsurprisingly given the general appearance of the building.

1. When considering the impact of the proposed development on public amenity it is necessary to consider the effect on both street scene and the character of the Conservation Area. In terms of both of these considerations the stone warehouse building and application site is located in a prominent position. At present the general state of the application site and buildings is somewhat unsightly, which is not beneficial to either street scene or the character of the Conservation Area. The proposed development would tidy up the application site and bring a vacant, and deteriorating, building back into active and viable use. This is concluded to be positive in terms of benefit to the street scene and the character of the Conservation Area. As such, the impact of the proposed development on public amenity is concluded to be acceptable.
2. The comments from Laxey Village Commissioners regarding detail over replacement windows and doors are noted. It is arguable that the planning application does provide sufficient detail in this respect but as the site is within a Conservation Area it is considered acceptable to impose a condition requiring submission of replacement window and door details before commencement of development. The acceptability of the overall scheme is not dependent on this issue and such condition is reasonable.
3. As part of the assessment of the planning application it is necessary to consider the impact on the private amenity of existing surrounding property and acceptability of the private amenity of the proposed development. In terms of impact on the private amenity of existing surrounding property it can be seen that the application site and proposed development is sufficiently distanced from any such property so as not to unduly harm their private amenity. The proposal does not result in undue loss of privacy, loss of light, overshadowing or overbearing. It is noted that the proposed development includes the addition of a balcony onto the rear elevation of the stone warehouse building. Given its position, the adjoining land uses and distances to nearest residential property it is concluded that this balcony does not harm private amenity. The proposed development provides appropriate private amenity space for itself, with appropriate outlook, outdoor seating areas and storage space. Overall, the impact of the proposed development on private amenity is concluded to be acceptable.
4. As highlighted earlier in this report the application site is located within an area of potential flood risk. This issue was discussed with the Isle of Man Water and Sewerage Authority prior to submission and specific flood risk information has been provided with the planning application. This issue has been examined by the Isle of Man Water and Sewerage Authority, who have concluded that the submission satisfies their requirements and that the proposed development is acceptable in this respect. On the basis of their expert opinion it is concluded that the issue of flood risk has been appropriately examined within the planning application and the provisions of Environment Policy 10 have been met.
5. There is no specific parking standard for tourist development defined under Appendix 7 of the Isle of Man Strategic Plan 2007. Taking into account the nature of the proposed development it is considered that nearest applicable standard is that for apartments, which is one space for one bedroom and two spaces for two or more bedrooms. In terms of that it can be seen that the proposed development does not meet those standards by providing two spaces rather that the requisite four spaces. However, Appendix 7 does state that these standards may be relaxed where development:

• (e) would secure the re-use of a Registered Building or a building of architectural or historic interest; or
• (f) would result in the preservation of a sensitive streetscape; or
• (g) is otherwise of benefit to the character of a Conservation Area.
• (h) 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. In this instance, whilst the stone warehouse building is not Registered it is of an age, type and position that give it architectural and historic interest. The provision of additional on site car parking would be likely to require the demolition or reduced use of the stone warehouse building, which would not be beneficial to the preservation of the streetscape or the character of the Conservation Area. Furthermore, it does have to be recognised that tourist development is not as likely to generate the same levels of car parking demand as permanent residential development. As such, taking this issues into account it is concluded that there is sufficient justification to accept two car parking spaces for the proposed development.

RECOMMENDATION

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

PARTY STATUS

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

Laxey Village Commissioners; and The Isle of Man Water and Sewerage Authority.

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

The Department of Infrastructure Highways Division; and The Manx Electricity Authority.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 18.02.2013 Conditions and Notes for Approval / Reasons and Notes for Refusal

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

• : 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 drawing no.s 01 P1, 02 P1, 03 P1 and 04 P1 date stamped the 11th January 2013.

C 3. Prior to the commencement of development further details of the proposed replacement windows and doors must be submitted to, and agreed in writing by, the Planning Authority.

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 : 11/12/13 Committee Meeting Date : 25/2/13 Signed : 11/12/13 Presenting Officer

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