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The application site comprises the curtilage of a semi-detached building that is located on Old Laxey Hill, Laxey. The building, which was formerly a single dwelling, contains three self contained flats.
The proposed development comprises of the conversion of the lower ground floor into an additional self contained flat. Approval, and implementation, of this planning application would result in four self contained flats within the building.
The application site has been the subject of two previous planning applications that are considered material to the assessment of this current planning application.
Planning application 01/02328/B sought approval for the conversion of the dwelling into four flats. This previous planning application was initially considered and refused on the 18th April 2002, with the initial refusal decision notice issued on the 26th April 2002.
Planning application 02/00310/B sought approval for the conversion of the dwelling into three flats. This previous planning application was initially considered and approved on the 18th July 2002, with the initial approval decision notice issued on the 31st July 2007.
Copies of the decision notices and relevant extract of these two previous planning applications have been placed on the application file.
Laxey Village Commissioners have no objections to the planning application.
The Department of Transport Drainage Division do not oppose the planning application subject to condition.
The Department of Local Government and the Environment highlight that the completed flat will need to comply with the requirements of the Housing (Flats) Regulations 1982.
The Isle of Man Fire and Rescue Service recommend that the applicant discusses the provision of appropriate fire precaution measures with them.
The Isle of Man Water Authority request that an informative note be attached to any approval notice.
The application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Policy L/RES/PR/1 states:
"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
The application site is also within a Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states:
"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
Planning Circular 2/88 sets out the general policy regarding the conversion of buildings into flats. A copy of this circular has been placed on the application file.
The main consideration in the assessment of the proposed additional flat within the building is the suitability of its living environment. It is material to any assessment that previous planning application, 01/02328/B, which sought approval for four flats within the building was refused. Three of the four reasons for refusal of that previous planning application related to the conversion of the lower ground floor, or basement, into a flat. The subsequent planning application, 02/00310/B, for conversion into three flats was approved. In simple terms approval of this current planning application would result in the same situation as that previously refused under planning application 01/02328/B. The previous concerns remain valid and an examination of the approved drawings for planning application 02/00310/B is beneficial in terms of assessment. The area directly in front of the proposed living room of the potential lower ground floor flat is set aside as car parking for the three flats approved through 02/00310/B. Facing straight out onto that area and potentially looking immediately onto a parked vehicle does not provide a clear and pleasant outlook. As such the flat proposed by the current planning application would not have an acceptable living environment, which is considered to be grounds for refusal of the planning application.
Furthermore, previous planning application 01/02328/B that sought approval for the conversion of the dwelling into four flats was refused on the grounds that there was inadequate car parking and manoeuvring space for the necessary car parking. The conversion of the lower ground floor into an additional flat would return the situation to this position and is therefore further reason for refusal of the planning application.
It is recommended that the planning application be refused.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Laxey Village Commissioners; and The Department of Transport Drainage Division.
It is considered 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:
The Isle of Man Fire and Rescue Service; and The Isle of Man Water Authority.
Recommended Decision: Refused Date of Recommendation: 30.07.2007
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1. The proposed conversion of the lower ground floor area into an additional self contained flat within the building is unacceptable reason that:
a) due to the proximity and location of the adjacent car parking area the layout of the proposed flat fails to provide an acceptable living environment, particularly in respect of the outlook from the living room to the rear of the building; and b) the level of car parking provision and manoeuvring space associated to the building is insufficient to accommodate the additional demands that could be generated by the occupation and use of the proposed additional flat.
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: 6/8/07 Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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