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Reiltys Ellaw Vanuun
Approval in principle for demolition of existing Commissioners Offices and replace with a residential development
35 New Road And Adjacent Land Laxey Isle Of Man IM4 7BQ
PA Reference 15/00017/A
Statement prepared on behalf of DOI Planning and Building Control by Planning Officer: Mr Chris Balmer
1.1 The aim of this statement is to provide background information to the planning application, set out the relevant policies to consider in respect of the proposed development and make a recommendation.
1.2 The site is partly owned by the Department of Infrastructure (Manx Electric Railway) which the Planning Authority is part of. As a result of this, the application must be considered by an Independent Inspector and the decision taken by the Council of Ministers under 10 (1) (b) of the Town and Country Planning (Development Procedure) (NO 2) Order 2013.
2.1 The application site forms the curtilage of 35 New Road which comprises a split level property being two storeys to the front elevation and three storeys to the rear. The storey difference is due to the steep sloping nature of the site, which falls in a north-easterly direction towards the rear of the site. The application site also incorporates the land to the rear of Nr 35. This area is partly grassed and partly hard surfaced, forming an area for the parking of vehicles, presumably in connection with the use of Nr 35 and the MER operations. Vehicle access to the rear of the site is currently only provide by Rencell Hill which runs south-easterly direction to the junction with New Road. Rencell Hill does continue to Church Hill to the north; however, just past the application site the road is currently closed where it runs under the MER bridge.
2.2 The existing building is currently utilised as an office building for multiply users, including the Laxey Village Commissioners (applicants), Lonan Commissioners, The Police, Manx Bird Atlas and Laxey and Lonan Live at Home Scheme. The building also incorporates public toilets.
2.3 Also within the application site, immediately adjacent to Nr 35 is a public bus stop.
3.1 The application seeks approval for the approval in principle for demolition of existing Commissioners Offices and replace with a residential development.
3.2 The application does not proposal to reserve any matters. Accordingly, this application does not considered siting, number of residential units, access arrangements, design etc. This application only considers the principle of residential development on the site.
3.3 The applicant's as part of their submission have given reasoning for the proposal. They have indicated that in 2010 they employed Steven Morley, Chartered Surveyors (SMCS) to investigate upgrading fire precautions to the property. However, during the investigation for these works the principal rafter to the roof failed. SMCS inspected the roof and advised that the principle rafter could not simple be repaired as the whole roof covering was in poor condition and had come to the end of its life and required renewal. It was also considered whilst scaffolding was in place to undertake these works, other essential external works should be undertaken, e.g. renewals/repairs and re-rendering. SMCS were appointed to provide a specification and estimated cost for refurbishment of the office accommodation. However, due to the level of works required and the cost, the Laxey Village Commissioners have explored the options of redeveloping the site for new offices. The Commissioners approached the Government Valuer who viewed the property and considered the estimated costs of refurbishment, and is not supportive of either redevelopment or refurbishment of the property. The Commissioners have therefore indicated that they would therefore need finical assistance from Government to undertaken either proposal. They indicate the Government is not supportive of either approach. Due to this the Commissioners have submitted the application and if successful dispose of the site.
4.1 In terms of the current land use designation the site is identified as being an area of 'Mixed Use - residential/retail/office' under the Laxey and Lonan Local Plan Order 2005. The site is within a Conservation Area.
4.2 Due to the land use designation of the site and the type of development proposed the following policies are relevant for consideration:-
4.3 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
4.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
4.5 Spatial Policy 3 states: "The following villages are identified as Service Villages
Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing."
4.6 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."
4.7 Environment Policy 35: "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."
4.8 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."
4.9 Community Policy 3 states: "Development (including the change of use of existing premises) which results in the loss of a local community facility (other than shops and public houses) will only be permitted if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community."
5.0 PLANNING HISTORY
5.1 The previous planning applications made in connection with this site are considered relevant in the determination of the planning application:
5.2 Demolition of chimney stack, installation of roof lights and replacement windows and change external wall finish to side and rear elevations - 12/01687/B - APPROVED
5.3 Replacement timber windows and doors - 96/00357/B - APPROVED 5.4 Conversion of existing ladies toilets into general toilets for public use - 91/01647/B - APPROVED 5.5 External re-rendering and replacement of bay window - 85/00659/B - APPROVED 5.6 Construction of hardstanding for car-parking - 84/01325/B - APPROVED 6.0 REPRESENTATIONS
6.1 Highway Services do not oppose the application subject to off street parking being provided in accordance with the IOM Strategic Plan (received on 15.01.2015).
6.2 The owner/occupier of Ruskinville, Lower Rencell Hill, Laxey (received on 02.02.2015) has no objection to the proposals; but makes the following summarised comments: would like the Council of Ministers to consider the density of future residential developments; parking; and retention of public footpath from new Road to Lower Rencell Hill.
7.0 ASSESSMENT
7.1 From visiting the site and studying the plans the Planning Department would recommend that the key issues are whether the loss of a potential community service is acceptable and second whether the principle of residential development on this site is appropriate on this site.
Loss of a potential community service
7.2 As identified within the policy section of this report, Community Policy 3 deals with the loss of existing community facilities. This policy indicates that such loss will only be permitted
if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community.
7.3 The applicants have indicated that the site is an office/s rather than a community facility. They indicate the current offices have no community facility such as a hall, only a small meeting room.
7.4 They have also indicated that there are a number of suitable commercial properties for lease/purchase within the Village centre providing suitable alternative office accommodation for both the Commissioners and various individual organisations/businesses that currently use the application site. The applicants have also indicated that a scheme is currently in preparation for new toilet facilities to be constructed adjacent to the new Laxey Miner statue that will provide for separate male and female facilities and a disabled toilet. These facilities would be located in the idea position for both visitors and the public at two of the Islands premier visitor attractions. It was noted visiting the site the male toilet was upstairs and not very accessible.
7.6 Overall, whilst the site does provide a small level of public uses, these uses are office based, rather than community halls/facilities. It is considered Community Policy 3 main purpose is to ensure the latter uses are protected, rather than offices, which can potential be accommodated within other buildings within the Village Centre, whereas sports halls for example, are more purpose built buildings which cannot be easily be accommodated within other buildings. Overall, it is therefore considered the proposal would not contravene Community Policy 3 of the Isle of Man Strategic Plan.
7.7 The site is designated as 'mixed use' under the Laxey and Lonan Local Plan. Due to this there is an acceptance for residential development on this site. How and how many residential units proposed would be considered at any future Reserved Matters application. The site is not a straight forward site to develop given the steep sloping nature of the site, the prominent position of the site from the New Road and being within a Conservation Area. However, these are matter the applicants will need to consider when preparing any future application. Accordingly, for these reasons it is considered the principle of residential development is acceptable on this site and therefore in accordance with Strategic Policy 1 & 2, Spatial Policy 3 and General Policy 2 of the IOM Strategic Plan.
8.1 Overall, for the reasons given it is considered the proposals would comply with the relevant policies of the IOM Strategic Plan and therefore the application is recommended for an approval.
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
Plans on which recommendations have been based and upon which any approval should rely. This approval relates to drawings reference numbers 01, 02 and 03 all received on 12th January 2015.
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