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The application site forms two properties located to the west of Atholl Street, Peel. The properties are three storeys, with full storey bay windows and to the south of the dwellings lays a garden area which is included within the application site. The street is characterised by residential dwellings of
varying design and height to the west of the road, whilst to the east of Atholl Street, is situated petrol station and bus station.
The site is located within an area zoned as Mixed Use in the adopted Peel Local Plan. In addition, the site is located with the designated Conservation Area.
There have been a number of previous planning applications relating to the site, the following of which are considered relevant to this application:
PA 00/01022/B – Extension and conversion of offices to form 5 flats, 13 Atholl Street, Peel. Refused initially 12th October 2000.
PA 00/02158/B – Conversion of existing building and extension to create five flats, 13 Atholl Street, Peel. Refused initially 22nd May 2001, refused at Review 23rd July 2001, Refused at Appeal 4th February 2002.
The application proposes the conversion of the existing two dwellings to form six apartments with one apartment on each floor (three apartments in each existing dwelling). In addition, it is proposed to construct apartments over the existing garden area, with an access driveway leading through to the rear of the site and two apartments constructed over the vehicular access. The first and second floor apartment in Number 13 Atholl Street would be accessed via stairs in the new apartment block, with the existing stairs in 15 Atholl Street providing access to the apartments in the upper floors.
Parking for 8 cars would be provided to the rear of the property, together with 2No car parking spaces adjacent to the vehicular access. The ground floor, side elevation in the new block would be characterised by a number of archways which would provide light to the side window of the ground floor apartment in Number 13.
The Department of Transport Highway division objects to the development in the basis that the proposed access provides less than stopping site distance for vehicles emerging on to Atholl Street, the proposed access does not permit a two way flow of traffic, and the parking layout does not allow sufficient area within the site for the manoeuvring of vehicles so as to allow vehicles to enter and leave the site in a forward gear, thereby resulting in vehicles reversing into and out of the site.
The Chief Fire Officer requests a standard note in relation to fire precautions, should planning permission subsequently be granted, as does the Isle of Man Water Authority.
A resident of Port Soderick supports the development but queries the outlook from the ground floor apartment.
The application proposes, through the conversion and extension of two existing properties, the creation of 8 apartments, together with on site parking.
This application follows a refusal on appeal for the creation of five flats through the conversion and extension of Number 13 Atholl Street. In reaching his recommendation in that appeal, the Inspector stated:
Paragraph 19 "The main issues in this case relate to the adequacy of the parking facilities proposed for the flats, and the residential environment for the ground floor flat...the proposed 7 parking spaces and the side access take up virtually the whole of the land forming the curtilage of the property and no amenity space is available for drying clothes. Vehicles will also be parked close to the windows of the ground flat apart from the front living room window. I have concluded therefore that the proposals do not conform to the guidance set out in planning Circular 2/88 "The Conversion of Buildings into Flats". Although I consider that the proposed extension to the building is satisfactory visually, the number of flats proposed would result in overdevelopment of the site."
The current application utilises both 13 and 15 Atholl Street, however the whole of the rear area is now dedicated to the parking of vehicles with no area set aside for clothes drying and bin storage. The ground floor apartment within 13 Atholl Street has the benefit of a small garden area adjacent to the patio doors serving the bedroom, however this area would be overshadowed by the proposed extension. In addition, it is proposed to create a parking space directly adjacent to this garden area, together with a parking space directly adjacent to the rear bedroom window. Furthermore, a parking space is proposed adjacent to the side lounge window of this apartment.
With regard to the amenity for occupiers of the proposed apartment at ground floor level in 15 Atholl Street, a car parking space is proposed adjacent to the rear bedroom window and whilst a private garden area is proposed to the side elevation, this would be some 1.6m from the boundary wall with Number 17 Atholl Street.
Guidance contained within Planning Circular 2/88 - The Conversion of Buildings into Flats, indicates that all flats should 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."
It is considered that the proposal is contrary to the provisions of that Circular in that, in particular, the apartment to the ground floor of number 13 Atholl Street would experience a poor level of residential amenity due to the location of car parking and the overbearing impact of the proposed extension.
With regard to b), all of the external area would be dedicated to the parking of vehicles associated with the development therefore removing any opportunity for the creation of a clothes drying/bin storage area or additional amenity space. It is therefore considered that this element of the development is contrary to the provisions of the Circular. The Department of Transport Highways has objected to the development on three grounds, principally that the development does not provide sufficient space to allow for the manoeuvring of vehicles within the site, and that the access way, which is single vehicle width, is insufficient and does not provide sufficient stopping distance for vehicles emerging onto Atholl Street, and it is considered that in recommending the application for refusal, this objection should form an additional reason for refusal.
It is recommended that the application be refused.
Whilst it is recommended that the application be refused, should planning permission be subsequently granted, then the following conditions are suggested:
1) The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2) This approval relates to drawing numbers 0617/PL01 A and 0617/PL02 submitted as part of this application and date stamped 20th October 2006. 3) The external finishes of the extension must match those of the existing building in all respects. 4) The parking area to the rear of the site must be laid out and available for use prior to the occupation of the apartments. Prior to the commencement of the development, details of the surfacing material and an area for the storage of bins, must be submitted for consideration of and approval by the Planning Authority.
1) On completion, the apartments must comply with the requirements of the Housing (Flats) Regulations 1982. 2) For connections to Flats and Apartments the following apply - "Water Supply to Flats and Apartments - Regulations", and if applicable a "Form of Undertaking In Respect Of Supply Pipes" will be required. Copies of these documents can be obtained from the Isle of Man Water Authority or alternatively by contacting the Isle of Man Water Authority Byelaws Inspector (Les Quayle on telephone 695957).
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Department of Transport Highways Division Isle of Man Water Authority
Accordingly, the following parties are not afforded Interested Party Status:
Chief Fire Officer Mr Jessop, Old Castletown Road, Ballaveare, Braddan
Recommended Decision: Refused Date of Recommendation: 21.03.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The proposed development would be contrary to the provisions of Planning Circular 2/88 - The Conversion of Buildings into Flats, insofar as the location of car parking spaces directly adjacent to the rear windows of the proposed ground floor apartments would result in poor levels of residential amenity for future occupiers. This being compounded in the case of the ground floor apartment in No. 13 Atholl Street, by the extent of the proposed extension. In addition, the use of the whole of the
exterior area for the parking of vehicles removes the opportunity for the creation of a bin storage and clothes drying area, contrary to the provisions of Circular 2/88.
The car parking layout does not allow for the turning of vehicles within the site and would result in vehicles being unable to exit the site in a forward gear. In addition, the single vehicle width access provides insufficient stopping sight distance for cars emerging onto Atholl Street.
This decision is without prejudice to the submission of a further application which proposes the conversion of the two existing buildings to apartments, and the use of the external area for the parking of vehicles, creation of a clothes drying and bin storage area, and outdoor amenity space for future occupiers.
Decision Made : ... Committee Meeting Date : ...
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