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This application is recommended for consideration by the Planning Committee rather than under delegated powers as there are more than 5 local objections and the application is being recommended for approval.
The site represents a piece of land which lies between Maine Road to the south, Princess Towers - a relatively new apartment building and its associated parking to the west, Cooil Bane - a detached dwelling to the east, and to the rear of Wilson House - a sizeable rear annex to the Port Erin Royal Hotel and the rear of 4, Links Close separated from the site by a footpath. Across Maine Road, to the south sits an open area with the coastguard store, a car parking area and two cottages - 1 and 2, Maine Road. Cooil Bane sits 7 m from its western boundary.
The site lies within an area designated on the Port Erin Local Plan of 1990 as Predominantly Residential.
The site as defined in the application has been the subject of the following applications: PA 07/0564 - erection of a terrace of five town houses with associated parking and garaging permitted
Planning permission has been granted for the wider Princess Hotel site (including the Countess Hotel site - now Snaefell House Apartments) as follows:
PA 95/0998 - approval in principle for new apartments and leisure facilities, The Countess and The Princess Hotels- permitted on review PA 97/1602 - erection of apartment block consisting of 20 dwelling with associated car parking and garaging, Princess Hotel site - permitted PA 99/1049 - erection of 6 lock up garages in connection with apartments Princess Towers Apartments - permitted PA 99/1287 - creation of five garages - Princess Tower apartments PA 04/0130 - installation of door to replace window - permitted
Now proposed is the construction of a block of apartments on the site. The building takes the form of two conjoined blocks, accommodating sixteen two bedroomed, two per floor of each block and over four floors.
The building will be 15.7 m high at its tallest above pavement level, as a comparison, Cooil Bane is 10.7 m high and the Princess Apartments at its closest to the application site is 20.4 m from pavement level.
The buildings are a combination of pitched roofs finished in slate like tiles and almost flat roofing finished in grey coloured waterproof membrane with standing seams. The walling will be a combination of painted render and blue/grey coloured brickwork with grey coloured window frames. The buildings will be set back from the carriageway of Maine Road by between 5.4 m and 16.2 m Cooil Bane is set back from Maine Road by over 11.5 m , Princess Towers is as close as 4 m to the carriageway. There is no footway alongside the Princess Apartments to Maine Road.
Access to the site is from Maine Road from the western side of the site alongside the existing car parking for the Princess Apartments and the access curves around to the rear of the building to 14 car parking spaces with a further 4 spaces at the front of the site. The area to the front of the apartments closest to the road is to be green (planted) adjoining further green space partly in front of the apartment block which is set back further from the road - part of which space is also used to provide the four parking spaces. A small area of planting is also shown to the rear of the forwardmost block alongside the parking spaces 9-13, the remainder of the site is paved.
A bin store is shown at the rear of the site and a bicycle store to the rear of spaces 9-13. A pedestrian path is shown from Maine Road up the eastern side of the site (alongside Cooil Bane).
The site slopes from rear to front by 4.8 m - from the level of the path at the rear of the site to the level of the footway. The forewardmost building will be set at the existing ground level and dug into the site. The building will be as close as 35 m from 4 , Links Close which is positioned with the rear elevation looking due south: the rear of the apartments face north east.
There are objections to the development from the following properties: 3,4,6,9,10, Links Close 8, Snaefell House Naworth, Maine Road Crofton House, Ballafesson all of whom raised objections regarding the height of the proposed building, the inclusion of flats in an area of individual residential properties, inadequate car parking provision, impact on existing on street parking, inaccuracy of plans and impact on outlook.
Manx Electricity Authority make comments on existing and proposed electricity supplies which are not material planning considerations
Estates and Housing Directorate recommend that 4 of the units are made available as affordable housing in line with Housing Policy 5 of the Strategic Plan.
Disability Access Officer recommends that at least one of the units is suitable for use and occupation by disabled persons.
Port Erin Commissioners object to the application on the basis that the design is out of keeping with the residential area in which it is situated and the height and location is considered to be unneighbourly and over-intensive.
Department of Transport Highways and Traffic Division raise no objection to the application on the basis that the applicant has provided justification for setting aside the recommended parking standard and that the proposal is acceptable in terms of the width of access and visibility onto the highway.
As the site lies within an area designated on the prevailing development plan as residential, the proposal should be considered in the light of General Policy 2 which 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 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; I) 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."
In this case the critical considerations are the impact on the streetscene (b and c), the impact on those in neighbouring properties ( g ) and the impact on road safety ( h and i).
In respect of the items raised as objections, the development of apartments in place of individual residential properties is not considered a valid objection. The nature of the tenure of a property and whether a building is subdivided into a number of units as opposed to being occupied as a single unit is not a relevant consideration unless the resultant size of the property is an issue or the resultant traffic accessing and egressing at a single point results in an adverse impact on road safety, both of which are dealt with in General Policy 2 above.
In addition, the site falls between an area which is characterised by relatively high density bungalow development to the north east, individual dwellings within their own curtilages and having a frontage onto a public highway which is a through route to the east, semi-detached properties opposite the site on the southern side of Maine Road and to the west are Snaefell House and Princess Towers -
both apartment buildings. There is clearly a mix of house types and the proposed apartment building is considered, in principle, to accord with this.
There is no development brief in the local plan which applies to this site. As is stated above, the area is very mixed in terms of house types, sizes, densities and building lines. Whilst Cooil Bane is set back from Maine Road, the cottages at 1 and 2, Maine Road are built very close to the roadside as is Snaefell House; Princess Towers is set back from the highway by 5 m with no footway provision. The proposed apartments are at closest to the carriageway, 6 m and there is to be provision for a footway within this distance. By setting the forewardmost block closer to the highway than is Cooil Bane, the rear garden and side windows have less built fabric closest to them.
The size, form and appearance of buildings in the vicinity of this site are varied and it is suggested that there is neither a prevailing style of building which should be emulated on this site, nor a particularly distinctive or attractive form of building which could or should be followed in terms of the design of the building for this site. Cooil Bane is a steeply pitched two storey property with accommodation in the roofspace - Princess Towers to the west is a five storey building with underbuilding, the proposed apartments fall some way between the two in height and size with a staggered frontage to provide interest within the streetscene.
The building will be 18 m from the edge of the conservatory of 4 , Links Close which is not directly behind or parallel with the application building and which is approximately level with the first floor of the rearmost part of the proposed building. There are to be no windows in the closest part of the building and as such there will be no overlooking from the proposed building towards this existing adjacent property. The windows in the western side of the rear elevation closest to 4, Links Close are obscured by the projecting rear stairwell. Similarly, there is a vertical line of bedroom windows in the eastern elevation facing towards Cooil Bane but these are not directly opposite the existing windows in the gable of this property.
As such it is considered that the proposal accords with General Policies 2b, c and g. There are no natural features on the site which is generally a building site with portacabins and materials stores and there are no public views of the sea which would be lost as a result of this development. As such, General Policies 2d, e and f are not compromised as a result of this development.
The proposal makes provision for 18 parking spaces to serve sixteen apartments. The Strategic Plan requires there to be two spaces per two bedroomed apartment but also states:
Appendix 7: "New built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to: a) the location of the housing relative to public transport, employment and public amenities, b) the size of the dwelling, c) any restriction on the nature of the occupancy (such as sheltered housing) and d) the impact on the character and appearance of the surrounding area (paragraph A.7.1). This goes on to recommend that one space is provided for a one bedroomed apartment, 2 spaces for two or more bedrooms but 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" (A.7.6).
The applicant cites the above Appendix and also Strategic Policy 10, Transport Policies 1, 2 and 7 in support of the fact that the site is located within a village centre sustainable location close to existing shops and services. The Transport Statement which accompanies the application also states that apartments generally generate fewer vehicle movements than do privately owned houses and that the apartments will make no significant difference to the use of the junctions associated with the existing highway network around the application site. It also states that Maine Road is capable of accommodating on street car parking if there is insufficient spaces on site.
There is no evidence that the site cannot be provided with all necessary services or that the development would prejudice the use of surrounding land or that the land is contaminated or subject to erosion. Similarly there is no objection from the Architectural Liaison Officer regarding community safety.
The application includes an Energy Impact Assessment which discusses thermal efficiency of the building's construction, heating and ventilation with the building left solar enabled for retro fitting of solar heat apparatus. The site also provides some opportunities for external clothes drying, bicycle storage in respect of General Policy 2n.
In summary, the proposal is considered to make good use of the site in accordance with Strategic Policy 1 and the Plan's policies which require that new development is located primarily within built up areas and close to public transport links - in other words sustainable locations. Whilst Environment Policy 42 requires that new development should take account of the particular character and identity of the particular settlement, in this case as has been stated above, there is no prevailing style of building, or even an established building line, predominance of material, height or massing of buildings to be acknowledged. Rather this application will seek to introduce an interesting and pleasant building into an area which is under-developed and presently detracts from the area. The Links Close properties are of their time and clearly back onto the site and Cooil Bane does not have a principal elevation looking towards this site. As such it is considered that the proposed development is acceptable.
In accordance with Housing Policy 5 of the Strategic Plan, 25\% or at laeast 4 of the units must be provided as affordable units. An Agreement should be entered into prior to the issue of any formal approval, providing for this.
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.
The occupants of numbers 3 and 4, Links Close are immediately adjacent to or very close to the rear boundary of the site and should be afforded party status in this instance.
The occupant of 8, Snaefell House raises car parking and access as an issue and is across Main Road from the site and as such should be afforded party status in this instance.
Those in numbers 6, 9 and 10, Links Close are further from the site and not directly affected by the development and should not be afforded party status in this instance.
The occupants of Naworth and Crofton are not directly affected by the proposal due to their distance from the site and should not be afforded party status in this instance.
Date of Recommendation: 29.09.2009
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the development of an apartment building with associated landscaping, access and parking as shown and described in the Transport Statement, Design Concept, Energy Impact Assessment and Planning Statement all received on 25th June, 2009 and drawings drw-a-02A, -03A, -04A, -05A, -06A, 07A and 08A all received on 31st July, 2009.
The proposed apartments may not be occupied until such times as the parking shown in the approved plans are set out and available for use and thereafter retained for use by the occupants of the apartments on the site.
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
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 : ______________________________ Committee Meeting Date : ______________________________ Signed : ______________________________ Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
29 September 2009
09/01084/B
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