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The premises are currently used for the sale and display of cookers and associated equipment. They consist of a shop fronting Main Street with Access through to a rear return consisting of a two storey former barn, currently used as a display area and showroom on the ground floor with storage over. There is a narrow fence lined passageway at the rear which allows for the parking of two vehicles. Access is gained via a lane, which connects to Main Road.
The application site is situated in an area which is designated as residential/retail in the Kirk Michael Local Plan 1994.
In 2003 an application for approval in principle for the conversion of an existing showroom and store to dwelling with rear car parking was submitted to the directorate. This application was subsequent refused at initial decision and at review.
The reason for refusal at the review stage was as follows:
"The proposed development would have inadequate external space, limited outlook and a poor immediate environment: the proposed dwelling would also have and unreasonable effect on the privacy and enjoyment of the adjoining dwelling known as "Lambourne Cottage".
"There are currently 2 parking spaces available to the shop and associated showroom/store. The proposed conversion, whilst providing parking to the dwelling, would remove the existing parking facilities available to the shop which is to be retained as part of the development. The additional on-street parking that would be generated would contribute to the traffic congestion in this area of Kirk Michael Village."
The applicant's appealed against the decision of the Planning Committee. The independent inspector considered the proposed residential and retail use accords with the designation of the area as Residential/Retail in the Kirk Michael Local Plan. Policy 7.7 of the Local Plan requires 1.5 spaces for new dwellings. The Inspector consider apply such a standard to a single unit poses obvious difficulties and policy 7.8 suggests that there can be some flexibility in the village centre. The Inspector considered the three spaces being sought by the planning committee at the time to be excessive. It was considered one space for a commercial vehicle and another for the retailer's private car would be adequate.
Furthermore, Policy 7.9 states that parking spaces should be provided off the highway for servicing by commercial vehicles in addition to the provision of spaces for staff. The Inspector considered the restricted floorspace of the retail unit it would be unlikely for any staff to be employed other than the proprietor(s) / operator living on the premises and the second parking space could provide the required off street servicing facility.
The Inspector was not persuaded that the proposed development would lead to a deficiency in parking and servicing provision for the property.
In terms of the amenity implications for Lambourne Cottage and the property, the inspector considered this has to be viewed in the context of the Local Plan designation. It was concluded that domestic amenity would tend to be significantly lower than in residential area and standards for residential amenities in "living over the shop" are less stringent. The inspector stressed that it was not uncommon for approval to be granted for a flat over a shop without any significant external amenity space and considered what was being proposed is little different except that the domestic accommodation is proposed within an extant building to the rear of the premises. The outlook and the immediate environment fall far short of the normal standards but it was considered to be acceptable due to the particular setting of this commercial village street.
The Inspector considered that the rear garden of Lambourne Cottage is already overlooked at close quarters by persons approaching from the land via the side passage and from the first floor windows in the barn. The occupiers of Lambourne Cottage at appeal pointed out that the retail use of the site could have been more intense and of greater duration than it has been and the impact on the privacy and amenities of the cottage could have been correspondingly much greater. The inspector considered that there would be unacceptable impact on the adjoining property.
The Minister at the time concurred with the recommendation of the Inspector and granted planning permission for the conversion.
In light of the Minister's decision, the applicant's have now submitted detailed plans for the conversion of the building into a dwelling.
There is a minor change in the layout of the first floor from the previous illustrative plans in that a proposed bathroom on the approved plans is now to be a bedroom. In light of the comments of the appointed inspector I do not feel this change will cause any significant increase in overlooking than what currently exist.
The external alterations are relatively minor and will not cause any significant impact on the visual amenities of the locality.
The Commissioners have objected to the proposal on the grounds as stated in the Review decision of the Planning Committee. There are no other material considerations to be taken into account since the appeal decision and therefore the principle of development has been established.
Recommended Decision: Permitted
Date of Recommendation: 18.08.2005
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 permission relates to the conversion of a rear barn into living accommodation as shown on drawing number 05/2219/5 received on 24th June 2005
C 3. The residential accommodation shall be occupied solely by the proprietor/person employed in the adjoining shop and any partner and or dependants residing with him/her.
C 4. The window in the en-suite bathroom in bedroom 2 shall be obscure glazed.
C 5. The car parking area shall be provided in accordance with the approved plans, and those areas shall thereafter be kept available for their respective purposes.
C 6. The external finishes of the extension must match those of the existing building in all respects.
C 7. The canopy shall be finished in dark natural slate to match the existing roof
N .
For a change in the water supply to a premises (domestic or commercial) the applicant should contact the Isle of Man Water Authority Byelaws Inspector (Les Quayle), telephone 695957.
Decision Made : ... Committee Meeting Date : ...
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