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Application No.: 09/00052/B Applicant: Anglo Manx Group Limited Proposal: Alterations and erection of office extension to rear elevation Site Address: Athol Street Douglas Isle Of Man IM1 1QL ### Considerations Case Officer : Mr Ian Brooks Expected Decision Level: Senior Planning Officer ### Written Representations Cronk Na Quill Old Laxey Hill Laxey Isle Of Man Objects to the proposal ### Consultations Consultee : Highways Division Notes: Do not oppose. Consultee : Douglas Corporation Notes: No objection.
The application site comprises of Number 5 Athol Street, which is located on south eastern side of Athol Street. The building is currently a 4 storey. The application site is located within a Conservation Area. The site is zoned as predominantly offices within the Douglas Local Plan 1998.
The application is seeking permission to erect a first floor rear extension to the property. The extension will project between 15.5 m and 17.8 m to the rear and will be 16 m in width. The extension will have a roof terrace, which will be surrounded by stainless steel balustrade with glass panels. The application is also proposing to replace the ground floor frontage of the building.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2 Environment Policy 35, Business Policies 7 and 8, and Transport 7
Environment Policy 35 states that "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 he special features contributing to the character and quality are protected against inappropriate development."
Business Policy 7 states that "New office floor space should be located with town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space
Business Policy 8 states that "New office building should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan."
Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
Section 18 (4) of the Town and Country Planning Act 1999 states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."
There have been no previous planning applications considered relevant to the assessment of this application.
Douglas Corporation and the Highways Division of the Department of Transport do not oppose the application.
Mr Vannan acting on behalf of Zax Investment Ltd of 4 Athol Street has objected on the following grounds: 1)the proposed rear extension will have an overbearing impact to No. 4 Athol Street due to the increase in height and massing, which will impact on the amenity of the property and affect the quality of light to the property, 2) there is no indication how additional car parking will be accommodated, 3) the proposal would require 2 car parking space which could be regarded as minimal but it remains contrary to the adopt policy and if waived, could create a precedent for developments elsewhere, 4) If the parking is off-site this should be clarified and should not be at the expense of existing spaces elsewhere which would result in a net loss of parking in the centre of Douglas.
The main consideration in assessing this application is 1) compatibility with the Land use, 2) visual impact on the locality, 3) whether the development has sufficient parking and 4) whether the development will impact on any neighbouring properties. The following paragraphs deal with these issues in the above order, followed by consideration of other matters of detail.
The development is compatible with the area since the area is zoned as predominantly offices in the Douglas Local Plan. It is considered the principle of providing an extension for office use to be acceptable in this locality.
In respect of the impact on the visual amenities of Athol Street, the proposed extension will be set to the rear of the property and will not be readily visible from Athol Street. It is considered the proposal
will not adversely affect the visual amenities of the Athol Street and will have a neutral effect on the character and appearance of the Conservation Area.
The proposed alterations to the ground floor street frontage are a positive approach in improving the appearance of the building within the street scene. It is considered the proposed frontage will enhance the character and appearance of the Conservation Area.
The car parking standards set out in Appendix 7 of the Isle of Man Strategic Plan 2007 requires 1 space for every 50 square metres of net floor space. If the extension is permitted along with the internal alterations, which do not need planning permission, the property would create a total of 310 square metres of net office space, which equates to a requirement of 6.2 car parking spaces. The site cannot physically provide any car parking spaces within the submitted scheme.
The Strategic Plan states that "the car parking standards may be relaxed where the development 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". The application site is within 40 m of Prospect Hill and 130 m of Peel Road (when measured as a walking distance) with both of these roads serving as major bus routes into and out of Douglas. The applicant has not demonstrated that the reduced level of parking will not result in unacceptable onstreet parking in the locality; however, it must be acknowledged that the site is situated within a town centre location, which can be considered to be sustainable location.
In summary, the proposal does not accord with the policies within the Strategic Plan. However, the site is located within a town centre location where the provision for car parking within developments is limited or can not be provided. It is considered in this case the requirement for car parking can be relaxed.
In respect of the impact on No. 4 Athol Street, the application site is set to the south west of the neighbouring property. No. 4 Athol Street is currently used as commercial premises. The owners of the neighbouring property are concerned that the proposed works will have an overbearing impact and loss of light, which are a material planning consideration; however, the amount of weight attached to these considerations are minimal when assessing proposals which impact on commercial premises compared to residential properties. It is considered the proposed works will not have an overbearing impact and nor will it have any significant harm in respect of overshadowing and loss of light.
In respect of the impact on No. 6 Athol Street, the application site is set to the north east of the neighbouring property. No. 6 Athol Street is currently used as commercial premises. The same considerations apply as No. 6 Athol Street. It considered the proposal will not have any significant harm to the occupiers of No. 6 Athol Street in terms of overshadowing, loss of light and being overbearing.
The notes suggested by consultees are not material planning considerations and for that reason are not attached to the report, as part of the recommendation.
It is recommended that planning permission be granted subject to conditions.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Mr Vannan acting on behalf of owners of No.4 Athol Street have commented on planning issues and the occupiers of No.4 Athol Street are an adjoining landowner, as such they should be afforded party status.
In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Douglas Corporation Highways Division of the Department of Transport
Recommendation Recommended Decision: Permitted Date of Recommendation: 31.03.2009 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 alterations and erection of office accommodation to rear elevation as shown in drawing numbers 08, P-01, P-02, 01 Rev A, 02 Rev B, 03 Rev F, 04 Rev L, 05 Rev D, 06, 07 Rev H, 09, 10, 11 and photographs date stamped 14th January 2009, Email from Darren Cain dated 2nd April 2009.
C 3. No facing materials for the existing rear extension shall be used other than materials similar to those used on the existing building.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted
Date : ... 31.03.2009 ...
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