Loading document...
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.
Circular 2/88 - The Conversion of Buildings into Flats
The property received a refusal for the conversion of first floor store over existing workshop to living accommodation (06/00242/B) on the grounds that:-
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 existing window which is a high level window (2.4 metres in length & 0.5 metres in height), which could be view from the proposed living / kitchen is to be blocked up. Two additional windows are proposed to be installed into the side elevation (east) to provide natural light and outlook to the living room and bedroom.
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. Within this submission it is proposed to alter the workshop into a garage, providing one off street parking provision.
Douglas Corporation:- No Objection.
The Department of Transport Highways Division do not oppose subject to the imposition of the following condition:- The garage door shall not obstruct the footway.
The IOM Water Authority has made the following comments:- For a change in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57
Chief Environmental Health Officer:- The proposed flats must, on completion of the proposed works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations.
Drainage Services Manager no objection in principle:- It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation.
In the event that this application is approved I should be grateful if these comments could be incorporated in the approval notice.
We have received no privately written representations objecting to the application.
Material Planning matters which need to be considered regarding this application include:-
Residential amenity of the property and that of the neighbouring properties 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.
The alterations proposed between this application and the previous applications certainly have answered some of the concerns, particularly with adequate parking provisions within the site and overlooking into the neighbouring property 14 Derby Road, however I still have concerns regarding the overall general amenity of the site and possible overlooking.
The removal of the window on the south elevation certain removes the aspects of overlooking into the neighbouring property, however, whilst doing this reduces the amount of natural light into the living room. To try to overcome this problem the submission includes the installation of two windows which view towards Falcon Glen. In doing so the proposed windows bring rise to overlooking of the neighbouring properties 7, 9 and 11 Falcon Street particularly over their rear yard areas, which are the only outdoor amenity space for these properties.
I still have concerns that the proposed dwelling still does not provide a pleasant, clear outlook, particularly from the principal rooms, as the proposed windows are relatively small and are the only windows within the first floor of the property and consequently would contravene Circular 2/88.
Again within this submission there is no proposed external space connected to the property. The utility room would provide space for drying clothes and within the garage space refuse storage is provide, however the general amenity of the property would be poor with no associated external space and therefore would again contravene Circular 2/88.
With regard to the supporting sites indicated within the submission includes one which is ancillary with an existing dwelling (03/00275/B - erection of detached garage with guest accommodation), whilst application 05/01587/B - (conversion and extension to first floor rear outlet to form a one bedroom flat), had an existing use, and a pleasant outlook over Harris Terrace. The application site under consideration is located within a back lane which is not ancillary to any other property in the area and with a poor aspect.
The parking provisions for a dwelling of this size are for one off street parking provision. The conversion of the existing workshop to a garage would provide the required off road parking provision, and therefore from a highway perspective the application is acceptable.
For the reasons of poor residential amenity and overlooking over neighbouring properties leading to loss of privacy, I consider 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:
I consider that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommended Decision: Refused
Date of Recommendation: 22.11.2006
Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
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, by 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 of general amenity.
The proposal to convert the first floor to living accommodation in this location would lead to significant overlooking from the bedroom and living room windows into neighbouring properties/rear yards, in particularly Nr 7, 9 and 11 Falcon Street. 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: 11/12/06
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
Copyright in submitted documents remains with their authors. Request removal
