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Mr. A. Johnstone Planning Appeals Administrator Crown Division Chief Secretary's Office Government Offices Douglas IM1 3PG
planning and building control bun-troggalys -plannal as gurneil troggal
Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email: [email protected] Tel: (01624) 685163 Fax: (01624) 686443 Director of Planning & Building Control M.I. McCauley, M.R.T.P.I.
13 June 2011
Dear Mr. Johnstone,
Planning Application: 11/00426/C Applicant: Mr Neal Anthony Clague Proposal: Change of use of existing ancillary accommodation to a dwelling Address: 46 Ballachurry Avenue, Onchan, Isle of Man, IM3 4BB.
Please find enclosed 5 copies of a statement that sets out the position of the Planning Authority in respect of the above planning application.
The statement comprises 4 parts:
Yours Sincerely,
Mrs Jade Craig BA (Hons) Assistant Planner
Appeal no: AP11/0065
Planning application no: 11/00426/C
Subject: Appeal against refusal for change of use of existing ancillary accommodation to a dwelling. 46 Ballachurry Avenue, Onchan, Isle of Man, IM3 4BB.
Appeal by:
The applicant against the Planning Authority’s decision to refuse planning approval.
Statement prepared by: Mrs. J. Craig BA (Hons), Assistant Planning Officer
Part 1 The Case Officer's Report
| Consulttee: | Onchan Commissioners |
| Notes: | Refuse |
| Application No.: | 11/00426/C |
| Applicant: | Mr Neal Antony Clague |
| Proposal: | Change of use of existing ancillary accommodation to a dwelling |
| Site Address: | 46 Ballachurry Avenue Onchan Isle Of Man IM3 4BB |
None received at time of drafting report
| Case Officer: | Mrs Jade Craig |
| Photo Taken: | 18.04.2011 |
| Site Visit: | 18.04.2011 |
| Expected Decision Level: | Officer Delegation |
| Consulttee: | Highways Division |
| Notes: | Refuse |
The application site represents part of the residential curtilage of 46 Ballachurry Avenue, Onchan. The site is located within a wider residential area in Onchan and it occupies an area in the corner of a residential cul de sac. The site includes the driveway of no. 46, the southern part of the garden and an existing detached building containing a garage and granny annexe.
The garage and granny flat building was approved under PA 05/92290/B and it replaced a garage which previously stood on the site.
Proposed is the change of use of the existing garage/granny annexe to a separate dwelling. No external alterations have been shown, although from viewing the approved plans under PA 05/92290/B and from visiting the site, there is an existing personnel garage door on the northern elevation which is not shown on the latest drawings, although it opens onto the area where the driveway to no. 46 would be.
The building is single storey with a pitched roof over. It is 7.3 metres wide by 6.4 metres deep. The height is 2.8 metres to the eaves and 5.7 metres to the top of the roof.
The internal accommodation includes a garage and a lounge/kitchen at ground floor level and an ensuite bedroom in the roof space. Excluding the garage, the internal floor area is approximately 44 square metres. However, it is difficult to be precise about this, as no sections have been provided and anywhere found to have a ceiling height which is less than 1.5 metres would be excluded from the total floor area.
The existing driveway to no. 46 is also included within the application site. This would become a shared driveway between no. 46 and the proposed dwelling. The proposed dwelling would have a parking area in front of the building, in addition to space within the existing integral garage. There would be a garden area to the east and south of the proposed dwelling.
Number 46 would retain the majority of the existing driveway behind the front building line of the house. The dwelling would also retain a small strip of garden at the front and a garden area to the rear. From visiting the site, it was noticed that no. 46 Ballachurry Avenue has an existing porch extension to its southern (side) elevation. This porch is currently in a poor condition. As the porch is not shown on the submitted plans and because it blocks part of the existing drive, it is assumed that it would be removed as part of the development. However, the front door to the dwelling is located inside this porch and there are existing steps up from the drive to the internal floor level, although it is not shown how the dwelling would be accessed if the porch was removed.
The following previous planning applications are considered relevant in the assessment and determination of this application; 05/92290/B – Permitted 07/03/06 Erection of garage and granny flat to replace existing garage.
C1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C2. This approval relates to the submitted documents and drawing 0523/PL001 all received on 1st December 2005. C3. Obscure glazing (Grade 5) shall be installed in the North elevation of the en-suite bathroom window and shall be kept and maintained thereafter. C4. The granny flat extension may be used only in association with 46 Ballachurry Avenue and for purposes ancillary to the use of 46 Ballachurry Avenue as a single dwelling house.
06/00749/C – Application Withdrawn 18/05/07 Change of use of granny flat and garage to a dwelling. 06/02070/B – Application Withdrawn 18/05/07 Erection of a detached dwelling with shared access drive.
The application site is located within an area designated as Predominantly Residential Use on the Onchan Local Plan Order 2000, Map No. 1. The site is not located within a Conservation Area.
Due to the land use designation and the nature of the proposal, the relevant planning policies from the Isle of Man Strategic Plan 2007 are General Policy 2 and Environment Policy 42.
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:"
"(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;"
"(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;"
"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
Appendix 7 of the Isle of Man Strategic Plan requires typical residential units to have a minimum of 2 off street car parking spaces. The required number of spaces reduces for apartments, sheltered housing and some town centre developments. The minimum size of a car parking space which the Planning Authority accepts is 2.4 by 4.8 metres.
Additionally, the relevant planning policies from the Onchan Local Plan 2000 are O/RES/P/19 and O/RES/P/20.
"The erection of new residential properties may be permitted within areas designated for residential use where these would fit in with the density, massing, design and character of existing adjacent dwellings."
"Except where required otherwise by the Local Plan, car parking standards of at least three spaces per dwelling which may include a garage will be applied to all new residential development within the Local Plan area. Permission will not generally be forthcoming for extensions or conversions which result in a loss of parking space behind the building line."
The Department of Infrastructure's Highways Division object to this proposal. The reason for this objection is because the increase in vehicular traffic from the proposed access is considered to be a road safety implication.
Onchan District Commissioners object to this proposal. The reason for this objection is because the proposal would be contrary to General Policy 2 from the Strategic Plan, in that the dwelling would not provide satisfactory amenity standards or suitable access without detrimentally affecting 46 Ballachurry Avenue.
No written responses have been received from the general public.
This proposal should be assessed against General Policy 2 and Environment Policy 42 from the Isle of Man Strategic Plan 2007. Policies O/RES/P/19 and O/RES/P/20 from the Onchan Local Plan 2000 also hold some weight, although this plan has been superseded by the Island-wide Strategic Plan. Due to the nature of the proposal, the main issues in the assessment of this planning application are the impact on neighbouring properties, the impact on the surrounding area in general, residential amenity standards and highway concerns.
The building is almost identical as that approved under PA 05/92290/B, except that the existing personnel door to the garage on the north elevation has not been shown on the latest drawings. This door would open out onto the driveway of the adjacent no. 46 and this is not considered to be
an acceptable living arrangement as the driveway would belong to the adjacent property only and would not be shared. It is therefore considered that should the application be approved, a condition would have to be attached to ensure that the door was blocked up. Additionally, PA 05/92290/B conditioned the glazing in the upper window on the north elevation so that grade 5 obscure glazing shall be kept and retained thereafter. It is therefore considered that should the application be approved, a condition should be attached to ensure that obscure glazing was retained in the future.
There are existing dwellings surrounding the property with various levels of overlooking. The impact of an additional residential unit within the existing curtilage of no. 46 could impact on many of the surrounding properties in terms of additional noise or less privacy. However, for the majority of these neighbouring properties it is considered that this impact would not warrant refusal of the proposal, due to their physical relationship with the application site.
The dwellings which have the potential to be most affected by the proposal are 46 Ballachurry Avenue (the northern part of the existing residential unit) and 44 Ballachurry Avenue to the west.
In my view, the main issue with the proposal is that it would be an example of the worst aspect of backland development. The use of a shared access which approaches the front windows and passes by the side windows and front door of no. 46 would inevitably lead to disturbance and loss of amenity to the inhabitants from vibration, noise, fumes and lights. Additionally, there would be a sense of intrusion caused by the activities of the occupants in such close proximity to no. 46, including the passage of vehicles and pedestrians past the front and side of the house. It is considered that these factors would harm the environment of the residents of no. 46 to an unacceptable degree.
It is considered that the impact on no. 44 Ballachurry Avenue would also be adverse, as it would increase the vehicular and pedestrian traffic past the front of the dwelling, which would increase the existing disturbance and sense of intrusion.
Having visited the site, I noticed that the dwellings in Ballachurry Avenue have clear frontages, although the garage/granny annexe building is largely hidden from the estate road and does not appear as its own unit, but ancillary to no. 46. The dwelling would therefore not be in keeping with other dwellings in the surrounding area, although on the other hand, its visual impact on the area would probably be limited, due to the low visibility of the building.
The internal living accommodation would be limited in terms of size. Not including the garage, the internal floor area is approximately 44 square metres, although it may even be less than this, as the upper floor is within the roof space and anywhere with a floor to ceiling height of less than 1.5 metres should not be included. This is how floor areas are calculated for residential flats, according to Planning Circular No. 293/82, the Housing (Flats) Regulations 1982.
The minimum floor space allowed for flats (not houses) in the Housing (Flats) Regulations 1982 is 30 square metres for 1 person and 45 square metres for 2 people. In order to comply with the Department of Social Care's House Purchase Assistance Scheme 2007, the minimum floor space for a residential unit is 55 square metres. It is therefore considered that in terms of floor space, the proposed residential unit would only be suitable for 1 person, but it could not be bought by somebody hoping for grant assistance from the Government, due to its small size.
The proposed unit would be small and offer limited internal space, but it is considered that it would not be small enough to warrant refusal of the application. The living accommodation would include a living room/kitchen on the ground floor, in addition to an ensuite bedroom within the roof space.
Highway concerns;
The Highway Division of the Department of Infrastructure have objected to this proposal, due to the increase in traffic being a road safety implication. Onchan District Commissioners have also objected, due to the access being detrimental to 46 Ballachurry Avenue.
As was discussed previously in this report, there is little doubt that the shared driveway will cause access problems which will adversely affect the residential amenity of 46 Ballachurry Avenue. Due to the narrowness of the drive, vehicles wishing to access the driveway of no. 46 would have to reverse up the driveway by a distance of almost 20 metres [Note: this measurement is taken along the longest part of the drive], around the south-west corner of the dwelling and onto the spaces on the drive. Alternatively they could drive in, but this would mean reversing out. The submitted drawing does not show in practical terms how the existing or proposed dwellings could be accessed safely or conveniently by vehicles. Additionally, the existing porch on the south elevation of no. 46 is not shown on the proposed plan. This porch provides access to the front door and it currently blocks part of the existing driveway, preventing access to the drive as shown on the plans. Even if the porch was removed, a flight of steps would still be needed to access the front door on the southern elevation. A re-think of the layout of the house would be needed, but moving the front door to another location away from the driveway would not overcome other problems with the shared access.
In terms of car parking, there would be sufficient room for 2 off street parking spaces measuring 2.4 by 4.8 metres within the curtilage of no. 46 and the proposed dwelling. Although the Onchan Local Plan 2000 requires 3 spaces, this has been superseded by the Island-wide Strategic Plan 2007, which requires 2 spaces per dwelling.
For reasons discussed earlier in this report, this proposal is considered to be unacceptable and is recommended for refusal.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 04.05.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
R 1.
The proposed development would constitute unacceptable backland development. It is concluded that the application site could not be developed in a manner that provided acceptable private amenity for itself and would not adversely affect the existing private amenity of 46 Ballachurry Avenue. As such, the proposed development fails to satisfy parts (g) and (h) of General Policy 2 and represents inappropriate backland development contrary to Environment Policy 42 of the Isle of Man Strategic Plan 2007.
R 2.
The proposed development fails to demonstrate that safe and convenient vehicular access can be achieved from the highway to the application site and 46 Ballachurry Avenue. As such, the proposal fails to satisfy parts (h) and (i) of General Policy 2 and provides further evidence that the proposed development is inappropriate backland development contrary to Environment Policy 42 of the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Senior Planner.
Decision Made : Refused Date : ...
Signed : ... Michael Gallagher Director of Planning and Building Control Delete as appropriate
Signed : ... Jennifer Chance Senior Planning Officer
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