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1.1 The site is a property which sits on the southern side of Albany Lane - a single width highway which runs from Woodbourne Road to the east to Brunswick Road to the west. The property has another property to the east - 1, Albany Lane which is a shop unit with living accommodation behind and above (see Planning History) and which is also owned by the applicant in this case (although not outlined in blue on the submitted plans).
1.2 The application property has two storeys: the ground floor presently accommodates a cleaning business which stores their equipment within the site. This was formerly a joinery business which, it is understood probably also used the upper floor as it is suggested by residents who are objecting to the application that there was a staircase from the ground floor rear yard space up to the first floor but that this staircase has now been partitioned off from the ground floor to provide completely separate accommodation on the first floor. The cleaning business has been operational from this site for approximately three years. Prior to the taking over of the property by the cleaning business, the shop at 1, Albany Lane was used as a grocer's shop. The shop and the living accommodation behind and above were separated from each other under PA 08/02133.
1.3 There are windows serving the first floor of the application building both on the front and rear elevations. The rear elevation is accessed from Berkeley Street Lane which runs parallel with Albany Lane and Berkeley Street. Another lane at right angles links the eastern end of Albany Lane with Berkeley Street Lane and Berkeley Street and heading further south towards Alexander Drive.
1.4 Berkeley Street Lane is around 5m wide. The application building has a ground floor garage door leading onto the lane and what is now a separate pedestrian access alongside which provides access to the first floor.
2.1 The application seeks permission for the conversion of the existing warehouse/light industrial unit to residential accommodation in the form of a two floor apartments with parking on the ground floor. The layout shown has 20 sq m of floor area on the mezzanine and around 54 sq m gross of floor space on the first floor excluding the staircase. The
apartment will have two bedrooms on the first floor, a kitchen/dining room and bathroom also on the first floor and a lounge/living room in the mezzanine level. 2.2 The windows in the elevation facing towards Albany Lane are to be replaced with sliding sashes. New rooflights are to be installed in the front and rear pitches. 2.3 Access to the parking area will be via Berkeley Street Lane which is of limited width approximately 3m. Albany Street Lane is a little narrower.
3.1 The site lies within an area of Predominantly Residential use on the Douglas Local Plan of 1998. The site also lies within the Selbourne Drives Conservation Area. 3.2 The proposed use is compatible with the land use designation. As such, the provisions of General Policy 2 are applicable: "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 space 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 adverse 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." 3.3 Environment Policy 35 states "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." 3.4 The Strategic Plan sets out the requirements for parking and requires 2 spaces for each two bedroomed apartment.
4.1 Planning applications have been submitted for this property - PAs 10/01793 and 11/01569 for regularisation of the existing uses and changes of use, both of which were withdrawn before a decision was taken. Planning permission was granted for the separation of the shop from the living accommodation behind and above under PA 08/02133.
4.2 PA 12/01193 proposed the conversion of the property to offices and was withdrawn prior to a decision being taken.
5.1 Highways Division indicate that they do not oppose the application as there are no adverse traffic impacts from the proposal. 5.2 The resident of 6, Berkeley Street objects to the application on the basis that the adjacent property is being used as an office (this is a separate issue for enforcement action in respect of that property), he disputes a number of historical uses described by the applicant. In terms of Strategic Plan policy he considers that the proposed unit has poor outlook from both elevations, limited amenity space or space for clothes drying and there would be a degree of overlooking between 4 and 6, Berkeley Street and the property and asks that all windows facing Berkeley Street are fitted with obscured glass. He is concerned that the current unlawful uses of the application property and that alongside will become lawful if enforcement action is not taken swiftly and this current application should not be considered as a delaying tactic to ensure that unenforceability becomes inevitable.
6.1 The property exists and previous uses and proposals (for office use) have demonstrated that some uses or users of the property could result in extreme inconvenience and unneighbourliness for those in neighbouring property through noise, car parking or both and have generated many more objections than has this current application. Car parking is in limited supply in this area and the current proposal is likely to result in fewer spaces being required than an industrial or office use would generate in practice, and these spaces can be provided on site, although access in and out is not in full accordance with recommended standards. It has been used by small vans for a considerable time, however, so residential comings and goings are likely to be manageable. 6.2 The outlook and amenities are limited due to the position and nature of the building. However, they are not substandard. There there will be light available to all rooms, either through normal windows, obscured glazed windows or rooflights and the standard of amenities is a matter for a potential occupant. If the building were not in situ then these concerns are likely to be sufficient to warrant refusal of this proposed use. However, the building is there and needs to be put to some use or it will fall into disrepair which will not be in the interests of the neighbours. The objector has indicated that all windows facing Berkeley Street should be obscure glazed and given the closeness of the properties and the rooms that are to be served by those windows, this is considered to be a reasonable request. 6.3 On this basis, it is considered that the application is worthy of support. It is difficult to propose a use which would have less impact on those in neighbouring property, and indeed the objector has not indicated any form of use which would be considered acceptable. In attempting to resolve the unlawful use of the adjacent property, finding a use for this property will assist this as having residential accommodation alongside a use (the cleaning business) is likely to expedite the cessation of any use of this building which would be detrimental to the applicant's own accommodation, whether this be rented out or occupied.
7.1 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d. 7.2 The local authority, Douglas Corporation are, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.3 The occupier of 6, Berkeley Street is adjacent to the application site and as such should be afforded party status.
Recommendation
Recommended Decision: Permitted
Date of 08.10.2013 Recommendation:
Conditions and Notes for Approval / Reasons and Notes for Refusal
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 approval relates to the conversion of the building to a single residence as shown in drawing 2C received on 6th September, 2013 and 0 received on 6th August, 2013.
C 3. The windows serving the bathroom and kitchen on the first floor must be fitted with glass obscured to Pilkington Level 5 or equivalent and retained as such thereafter.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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