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The property 2 Falcon Street Lane is a two storey attached property which is located to the rear of the terraced dwelling 13 Falcon Street. The property is north of Derby Road and west of Glen Falcon Road. The site has been zoned under the Douglas Local Plan Order 1998 as being within a predominately residential use; the property is not within a Conservation Area nor is it a Registered Building.
The property received a Planning Refusal an Approval in Principle for conversion of first floor to living accommodation, workshop/store (97/01039/A) on the grounds that:-
The application proposes the conversion of first floor store over existing workshop to living accommodation. Access to the new living accommodation would be provided by a new entrance being installed within the rear elevation which access to a hallway and utility room. The first floor would be access via a new staircase; the living accommodation includes a bedroom, bathroom and a living / kitchen.
Within the roof space it is proposed to install a total of 3 velux roof lights, one on the front elevation to give additional natural light to the living / kitchen and two on the rear elevation again giving natural light to the bedroom and landing area. The only window available to the living accommodation is an existing high level window (2.4 metres in length & 0.5 metres in height), which can be view from the living / kitchen.
The ground floor workshop alters slightly, with the removal of the existing staircase and the width of the workshop space is reduced, due to the creation of a hallway and utility room.
The Department of Transport Highways Division have objected to the application on the grounds that:-
The IOM Water Authority has made the following comments:-
Chief Fire Officer recommends the Applicant should consult with The Fire Safety Department to discuss fire safety measures within.
We have received no privately written representations objecting to the application.
Planning Circular 2/88 is used when considering to converting a property for a residential use. This Circular is issued by the Department of Local Government and the Environment in pursuance of the powers vested in it by Section 5 of the Town and Country Planning Act 1934 and Article 11(2)(a)(vi) of the Isle of Man Planning Scheme (Development Plan) Order 1982. In relation to this application the circular states that:-
The size, layout, occupancy, etc., of flats are controlled by the Housing (Flats) Regulations. However, all flats should also have a good external environment, characterised by -
a) A pleasant, clear outlook, particularly from the principal room(s) of the flat; and b) Access to external space for the purpose of clothes-drying, refuse storage, car-parking, and general amenity.
Have studying the application I considered this application contravenes this policy. The only window which the living accommodation benefits from is the living room high level window which views a gable end three storey wall of the neighbouring properties 12 & 14 Derby Road, which is approximately 3.4 metres away, and therefore does not give a pleasant, clear outlook, particularly from the principal room.
Adding to this concern is that the window is directly adjacent to the neighbouring kitchen window 14 Derby Road (primary window), and therefore creates overlooking. Of course presently this is not a major concern due to the first floor being used as a store, however if the first floor is to be as living accommodation then it dramatically increase the possibility of overlooking.
There is no external space connected to the property. The utility room would provide possible space for drying cloths and a refuse storage, however the general amenity of the property would be poor with no associated external space and therefore would again contravene Circular 288.
The proposal also causes concern with regard to adequate parking. A development of this size would be required to provide one off street parking provision. This development does not provide any off street parking in an area which has high demand for on street parking, and therefore contrary to the guidelines of Highways Division.
For these reasons the proposal is inappropriate in this location and therefore my recommendation is for a refusal.
I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Department of Transport Highways Division IOM Water Authority The Fire Safety Department
Recommended Decision: Refused
Date of Recommendation: 20.04.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The development will provide additional residential accommodation and will not provide any off street parking; further on-street parking in this area would exacerbate existing congestion.
R 2. The proposed conversion would be contrary to the Isle of Man Planning Scheme (Development Plan) Order 1982 and, in particular, the provisions of Planning Circular 2/88, not providing a pleasant, clear outlook, particularly from the principal room of 2 Falcon Street Lane, and does not provide any access to external space for the purpose general amenity.
R 3. The proposal to convert the first floor to living accommodation in this location would lead to significant overlooking from the living room window into neighbouring rear windows, in particularly 14 Derby Road. It is considered that such overlooking would detract from the residential amenity currently enjoyed by adjacent occupier and would therefore be an un-neighbourly development.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date: 21.11.2015
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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