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The site represents the curtilage of a group of garages, located on the right hand side of the road leading from Castletown Promenade to Derbyhaven. The site is within an area of Existing Residential on the Isle of Man Planning Scheme (Development Plan) Order 1982. Two previous applications have been submitted in respect of this site - PA 92/01490 was approved in principle for the erection of a dwelling and 93/0828 was refused for the detail of this proposal. The aip required that the new dwelling be similar to "Holmcroft". The refusal gave reasons relating to the bulkiness, height and poor detailing.
Proposed is the demolition of the buildings on site and their replacement with a dwelling. The dwelling will occupy much of the site and with a garage and parking space on site. The house will be two storey and accommodate three bedrooms. The house is of an attractive design and will fit in visually in the streetscene. The existing garages are not attractive and their removal will represent an improvement.
The brief accompanying the application suggests that discussions were held with all neighbours and none had any objection and that discussions with the Department of Transport Highways and Traffic Division had not been totally positive due to a lack of turning space for vehicles within the site.
There is a window in the gable of the property alongside the site (to the east) which may be affected by the proposal. However the main wall of the house closest to the gable has been recessed and I understand this is a stairwell window.
There are, however objections to the proposal from:
2, Haven Court on the basis of vehicular access/egress, the absence of the provision of a footway and possible overlooking of their lounge (which is 14m across the public highway, and perceived overdevelopment of the plot:
Department of Transport Highways and Traffic Division who are concerned at the length of driveway and garage will not permit the garage door to be opened whilst another car is parked on the driveway (assuming the garage door does not slide up or across) and that the visibility for emerging drivers is insufficient:
The Society for the Preservation of the Manx Countryside and Environment who are concerned only with amenity space:
Malew Parish Commissioners who are concerned that the area may become a Conservation Area and that it should be in principle to first change the established use of the site:
"Holmstead" (which is next door but one) on the basis of the eastern wall being only 1.3m from the side of their property, the car parking being below the windows of their property, blocking of light from their property, the appearance of the integral garage and the lack of visibility for emerging drivers and overdevelopment and lack of amenity space.
Department of Transport Drainage Division indicate that they require additional information of which the applicant's agent is aware.
I shall write to the applicant's agent advising him of the objections and offering the opportunity to respond to them.
The applicant has amended the proposal to try to take account of the neighbours' objections. The amended scheme omits the garage and is therefore further from the gable of "Holmcroft", includes only bathroom and a stairwell windows in the elevation facing "Holmcroft".
Mr. Hudson of 2, Haven Court objects to the inclusion of a balcony - now larger than in the original plans. His property is at right angles to the application site and some 25m between buildings, around 15m from the new dwelling to the rear of his site.
DoT still object on the basis that there is not provision for two parking spaces behind the building line.
Mr. Keen of 1, Haven Court objects to the balcony on the same lines as Mr. Hudson.
Mr. and Mrs. Millership of "Holmcroft" maintain their objection on the basis of the loss of the stone wall, the proximity of the dwelling to theirs and the management of building works. They also raise concerns regarding the drainage of the site.
MPC maintain their original objection on the basis of the principle of the change of use of the site which has not been established.
DoT dd raise no objection to the application.
I have raised the issue of the balcony with the applicant. The balcony does, however have solid sides and as such looking around to the side of the house will be difficult other than when hanging over the railings.
The 1982 Order requires the provision of 1.5 spaces. There is no adopted plan which requires two spaces and as such we cannot accept the DoT's objection as a valid reason for refusal. The length of the space available for parking is 9.5m which is only very slightly short of the required 9.6m. It would be possible to get one full sized vehicle and a medium or small sized car in the space provided.
The property is not within a Conservation Area and as such planning permission would not be required for the removal of the wall as long as this is not to provide vehicular access onto the highway. The new dwelling is now over 4m from the side of "Holmcroft" and should not affect the sunlight available to this property until early evening. It is important to remember that there are presently buildings on the site in the form of garaging of poor appearance although much lower than what is proposed as a replacement.
The Commissioners are wrong to object in the way that they have in that the change of use may be established within this application which also provides the detail of what will replace the existing buildings.
I feel that the amended plans have overcome the reasonable concerns which were raised previously and present an acceptable facade to the streetscape which is not too high or too bulky. The removal of the garaging should be an improvement.
Recommended Decision: Permitted
Date of Recommendation: 11.07.2005
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the erection of a dwelling to replace the existing garaging, as shown in drawings 439/001, -008, -009 and -010 all received on 15th June, 2005.
C 3. There must be no discharge of surface water to the main foul sewer.
C 4. The proposed development must be connected to the main foul sewer.
NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development
C 5. Prior to the commencement of works on site, the line of the existing sewer must be identified in association with the Department of Transport's Drainage Division. No part of the development may be constructed nor any trees planted within two metres of this sewer.
N 1. For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.
CPO NOTE SN 0016 - surface detectors
Decision Made : ... Committee Meeting Date : ...
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