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Application No.: 09/01159/B Applicant: Modena Properties Limited Proposal: Refurbishment works and creation of six self contained apartments Site Address: 19 Demesne Road Douglas Isle Of Man IM1 3EB ### Considerations Case Officer : Mr Ian Brooks Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Chief Environmental Health Officer Notes: Comments received Consultee : Disability Access Officer Notes: Comments received Consultee : Highways Division Notes : Consultee : Douglas Corporation Notes: No objection
PLANNING STATUS AND RELEVANT POLICIES 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, Housing Policy 17 .
The following Planning Circular is also relevant in the determination of this application: Planning Circular 1/98 - The alteration and replacement of windows.
The application is proposing to reinstate the building as flats following a serious fire earlier in the year. The building formerly housed 7 flats and it is now proposing to create 6 flats within the building.
Flats 1, 2, 3, 5, and 6 will all have an adequate residential environment with a pleasant outlook from the apartments. The only apartment of any particular concern is flat 4, which to be located in a rear annex. This flat will be split over two levels which previously contained two small bedsits. This proposal is an improvement on the previous arrangement. On balance, it is considered the residential environments of the proposed flats are acceptable.
In respect of the impact on No.17 Demesne Road, the application site is set to the south west of the neighbouring property. The application is proposing to increase the height of the existing rear outrigger and to increase the number of windows in the side elevation of the rear outrigger. The rear outrigger is set 5m off the boundary of No.17. The increase in height may result in some overshadowing and loss of light; however, it is considered that it would not be to such a degree that would adversely affect the residential environment of the flats contained in No.17 Demesne Road.
In respect of the windows in the side outrigger, it should be noted that the entire windows from the first floor to the ground floor are all existing windows, which served habitable rooms. It is considered these windows will not cause any further impact than what currently exists. The application is proposing to create the new windows in the second floor of the outrigger, which will also serve habitable rooms. This will potentially increase the opportunity to overlook the neighbouring property of No.17 Demesne Road; however, I do not feel it is to such a degree to warrant a refusal since the future occupant of the second floor will also occupy the first floor, which currently has windows.
In respect of the proposed balcony, the parapet wall and glazing panels are only 1.2m in height, which will only an opportunity for the residents of the flats to overlook the neighbouring properties of No.17 Demesne Road and No's 12 and 14 Allan Street. However, if the walls and or screens were increase to 1.8m, this would help to overcome any concerns about overlooking. It is considered that this can be controlled through a planning condition.
In respect of the impact on the visual amenities of the streetscene of Demesne Road, the proposed new roof with dormer is to replicate what was originally in situ prior to the fire. The installation of conservation rooflights on the front elevation is acceptable. The applicant's are proposing to install uPVC sliding sash windows into the front elevation of the property and accords with the Planning Circular 1/98.
The application is proposing to alter the openings to the rear elevation of the property by placing a single window with two windows. The application is also proposing to erect a single storey rear extension. The elements of the application will not be readily visible from the public highway and therefore would not adversely affect the character and appearance of the Conservation Area.
The application is also proposing to install new timber door, which is acceptable. Due to the scale of the plans the door details are lacking; however, it is considered this can be dealt with by a condition.
I therefore recommend that planning permission be granted subject to conditions.
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.
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.
Environmental Health Officer is part of the Department of Local Government and the Environment and should not be afforded separate party status in this instance.
The Disability Access Office have commented on non-planning matters and as such should not be afforded party status in this instance.
5 October 2009
09/01159/B
Recommended Decision: Permitted
Date of Recommendation: 05.10.2009
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 refurbishment works and creation of six self contained apartments as shown in drawing numbers P01, P02, P03, and P04 date stamped 13th July 2009, P05 Rev A date stamped 1st October 2009.
C 3. The roof(s) must be finished in dark natural slate. C 4. Prior to the commencement of works, a large scale details (1:10 or 1:20) drawing of the new timber front door shall have been submitted and approved in writing by the Planning Authority and thereafter the works shall be carried out in accordance with the approved details.
C 5. Prior to the commencement of any works, there must be submitted to and approved in writing by the Planning Authority an amended drawing showing, along the south-eastern and the north-eastern boundaries of the roof terrace a revised screening that measures 1.8 metre in height (measured from terrace level), of which the glazing should be obscure glass; the approved screening must be completed before any use is made of the terrace as such.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 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 : Signed :
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