Officer Planning Report

Planning Report And Recommendations {{table:138196}} {{table:138197}} {{table:138198}} ### Considerations ### Written Representations ## Consultations Consultee : Highways Division Notes : Do not oppose Consultee : Notes : Clerk To The Commisioners 21.11.06 The amended application states that this building has previously been converted into apartments however the Commissioners records do not show any previous planning application for such conversion, and the apartments are not presently registered under the Housing (Flats) Regulations 1982. The Commissioners therefore wish to seek clarification as to the present status of this building in terms of current planning designation. I would be grateful of you could arrange for this additional information to be forwarded to this Authority in order that we may make a recommendation to the Planning Committee. Consultee : Notes : Disability Access Officer Consultee : Notes : Consultee : Notes : IOM Water Authority Consultee : Notes : Chief Fire Officer

Officer's Report

Site

• The application site is a three and half storey terraced property on the south western side of Waterloo Road.
• The application site is located within an area zoned as predominantly residential.
• The building is not registered nor is within a conservation area
• To the north west of the application site is No.74 Waterloo Road.
• To the south east of the application site is No.76 Waterloo Road.
• To the rear of the application site is an area of hardstanding belong to Carlton Grove.

Proposed Development

• Continued use of the building as four apartments in a modified form along with associated parking.

Planning Status And Relevant Policies

• Isle of Man Planning Scheme (Ramsey Local Plan) Order 1998

Planning History

• None

Representations

• Ramsey Town Commissioners request that the application be deferred until such time the Commissioners have been provided with additional information. The Commissioners have commented that the amended application states that this building has previously been converted into apartments however the Commissioner's records do not show any previous planning application for such conversion, and the apartments are not presently registered under the Housing (Flats) Regulations 1982. The Commissioners therefore wish to seek clarification as to the present status of this building in terms of current planning designation.

• Highways Division of the Dept of Transport do not oppose subject to the following condition that the tandem space in front of the garage must be allocated to the user of the garage.

• IoMWA have commented that the applicant should contact them with regard to water supply for apartment.

• IoM Fire and Rescue Service advise the applicant to consult the Flats inspection team in order to discuss compliance issues.

• Disability Access Office has commented on access and disabled facilities within the building.

• Environmental Health – The flats must comply with the requirement of the Housing (Flats) Regulations 1982 and be registered thereafter under the same regulations.

• The Residents of Carlton Grove who have made the following comments

• The house is currently rated as just a house.

• The house is a dilapidated mess which would no doubt benefit from some from of conversion.

• Providing accommodation of 14 people from only 4 apartments with off street parking for only 2 of these apartments is inviting trouble for us through unauthorised parking on our forecourt. Basically, this is the reason for our objection, for its inconceivable that 14 people will have less than 5-6 cars between them.

• Concerned about how the parking arrangements will work.

• Visitors will park on our forecourt.

Assessment

• The application originally came in for the conversion of building into four apartments with associated parking. However, the applicant noted the application was submitted in error and the proposal was meant to provide an additional flat within a building which currently had four flats.

• Following checks on the planning history of the site, there is no evidence of a planning application for the conversion of the building into four flats. The applicant has been advised of this situation. The applicant has spoken to me at great length to resolve this issue. The applicant was sold the property earlier this year as a building with four flats. The applicant and I have tried to

gather further information for other appropriate bodies within Government to identify whether the building has been used as registered or rated as flats with out much luck. The only evidence available is the IoM Fire and Rescue Service who confirmed that there is evidence to indicate that there are four flats in the property. However, when I have spoken to the Fire Safety Department they indicated to me that there file did not indicate the number of flats back in the 1982. I consider the history for the property is vague.

• I have advised the applicant that it would be inappropriate to apply for a certificate of existing lawful use due to the lack of evidence. The applicant was advised to submit a planning application for the continued use of the building as four flats.

• I accept that the building has been flats at point in the past but I do not know how many precisely. There are other properties in the vicinity of the application site which have been converted into apartments. I consider the use of the building as four flats is compatible with the surrounding area as it is predominantly residential.

• The apartments within the proposed building all have an acceptable outlook from their principal rooms and the design of the building is suitable.

• The car parking provision equates to less than one space per apartment. I consider the parking spaces per unit are acceptable because of the close proximity of the leisure, retail and business facilities of Ramsey. Access arrangements are not objectionable.

• The parking of vehicles on the forecourt of Carlton Terrace is a civil matter and can not be regarded as a material consideration in the determination of the planning application.

Recommendation

• I therefore recommend that planning permission be granted subject to conditions in the attached schedule.

Party Status

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.

Whilst IoM Fire and Rescue Service represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.

It is considered that all parties who made representations to the planning application comply with the requirements of Planning Circular 1/06 – Determination of Interested Party Status with the exception of the Disability Access Office and Environmental Health.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 11.12.2006

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

C 1. This permission relates to the continued use of the building as four flats in a modified form as shown in drawing numbers HLK/06/0233/2, HLK/06/0233/3 date stamped 6th June 2006, HLK/06/0233/1a date stamped 25th October 2006 and letter from Kelly-Lewthwaite Building Design Limited dated 24th October 2006.

N 1. The applicant is advised to contact the IoM Water Authority with regard to the water supply to the apartments.

N 2. The applicant is advised to consult the Fire Safety Department as the proposal may fall within the scope of the Fire Precautions (Flats) Regulations 1996.

N 3. The applicant is advised to that the flat must comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations.

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 : Permitted Date : 13/12/06

Signed : M. I. McCauley Director of Planning and Building Control