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The application site comprises of the curtilage of what was formerly The Warehouse Grill on Harbour Road in Onchan. The site, which is also referred to as Mollies, the Follies Cabaret Restaurant or the Howstrake Hotel, measures 0.44 of a hectare (1.08 acres) in area on the Uniform database mapping system.
The topography of the application site slopes downwards from a survey height of 67.00 metres at the north eastern corner to a survey height of 61.50 metres at the south western corner of the site. Existing residential dwellings in Kirkway and Furman Close are generally set below the level of the application site. Existing residential dwellings in Marine View Close are generally set at the same height or above the level of the
application site. The application site contains a number of existing large, mature trees and some existing planting around its boundaries.
The proposed development comprises of the erection of four detached buildings on the application site that provide twenty three residential apartments. Twenty two of the apartments are proposed to be sheltered housing apartments with the remaining apartment forming a warden's apartment. The accommodation is designed with disability access and provision in mind. It is understood that the development is primarily intended for persons fifty years old and over but is also available for those with mobility problems or disabilities.
The apartments are split between four separate proposed buildings, which can be summarised as:
a) two two-storey buildings that each accommodate four apartments, located on the northern section of the application site; b) one two-storey building that accommodates four apartments, located on the south-eastern section of the application site. This building has basement car parking beneath it; and c) one three-storey building that accommodates eleven apartments and communal facilities including a social room, located on the western section of the application site.
The overall proposed development is served by thirty six car parking spaces, which is divided into twenty two spaces at ground level and fourteen spaces within the underground basement car park. Nine of the overall car parking spaces are specifically designated as disabled car parking spaces.
The application site has been the subject of two previous planning applications that could be considered material to the assessment of this current planning application:
Planning application 06/00057/B sought approval for the erection of four apartment blocks on the application site to provide 30 private sheltered housing apartments with wardens and ancillary accommodation and associated parking. This previous planning application was considered and refused by the Planning Committee on the 27th April 2006, with the refusal decision notice issued on the 4th May 2006. The stated reason for refusal of this previous planning application was:
The development proposed by the planning application is deemed unacceptable by reason that:
a) the position, proximity to the site boundary, overall height of the proposed three storey building and differences in ground levels combine to result in an unacceptably overbearing impact on the existing adjacent dwellings to the detriment of their private and residential amenity; b) the position, proximity to the site boundary, overall height, the use of balcony areas and the orientation of the apartments of the proposed three storey building and differences in ground levels combine to result in an unacceptably adverse effect on the privacy of the existing adjacent dwellings to the detriment of their private and residential amenity; c) the distance between the rear elevations of the proposed two storey buildings and the existing dwellings within the Marine View Close is insufficient to adequately protect the residential amenity of those existing dwellings and the residential amenity of the proposed apartments.
As such the proposed development is contrary to the provisions of policy O/RES/P/19 of Planning Circular 1/2000.
Planning application 06/00960/B sought approval for the re-development of the site to provide 26 private sheltered housing apartments with warden, ancillary accommodation and associated parking. This previous planning application was considered and approved by the Planning Committee on the 31st August 2006, with the approval decision notice issued on the 7th September 2006. A subsequent appeal against the approval was upheld by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal issued on the 21st March 2007. The two stated reasons for refusal were:
Copies of the decision notices for these two previous planning applications have been placed on the file for this current planning application.
Onchan District Commissioners recommend that the planning application be approved.
The Department of Transport Drainage Division defer their response to their agents, Onchan District Commissioners.
The Department of Local Government and the Environment Estates and Housing Section confirm that they have had discussions with the applicant regarding the provision of affordable housing within the proposed development. On the basis that they have been unable to define practical provision within the proposed development they have concluded that a commuted sum would be the best option in this situation.
The Isle of Man Water Authority make no specific comment on the merits of the planning application but request that an informative note be attached to any approval decision notice.
The Manx Electricity Authority have, following discussion with the applicant, have no objections to the planning application.
The Disability Access Office make no specific comment on the merits of the planning application but recommend that the needs of disabled access are taken into account.
The owner and/or occupants of 2 Marine View Close, which neighbours the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the proximity of the proposed development to their property, the impact on light, the impact on privacy and the impact on satellite signal.
The owner and/or occupant of 18 Furman Close, which neighbours the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the size of the proposed buildings, their visual impact and their impact on privacy.
The owner and/or occupant of 11 Kirkway, which neighbours the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development would be overly dominant and adversely affect their privacy.
The owner and/or occupant of Seacliffe, which is located in Braddan, comments on the planning application. They recognise the previous reasons for refusal and suggest that the proposed development addresses these issues.
The relevant local plan documents in terms of the assessment of the planning application are the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 and the accompanying Written Statement that is set out by Planning Circular 1/2000. For the purposes of this report these documents are hereafter referred to by their more commonly known names as the Onchan Local Plan and the Written Statement.
Under the Onchan Local Plan the application site is designated as an area of tourist accommodation and leisure, without any specific policy within Written Statement. However there are two policies within the Written Statement (O/RES/P/19 and O/RES/P/20) that could be considered relevant to the assessment of the planning application.
In respect of the residential development of parts other than those specifically designated policy O/RES/P/19 states that:
"The erection of new residential properties may be permitted within areas designated for residential use where these would fit in with the density, massing, design and character of existing adjacent dwellings."
In respect of car parking provision for new residential development policy O/RES/P/20 states that:
"Except where required otherwise by the Local Plan, car parking standards of at least three spaces per dwelling which may include a garage will be applied to all new residential development within the Local Plan area. Permission will not generally be forthcoming for extensions or conversions which result in a loss of parking space behind the building line."
In terms of the principle of the residential development of the application site the main assessment has to be against the land use designation under the Onchan Local Plan and any relevant policy within the accompanying Written Statement. As stated earlier within this report the application site is designated as an area of tourist accommodation and leisure under the plan and there are no specific references to the use of the application site within the Written Statement. The land use designation is understood to be a direct reflection of the use of the application site at the time of the preparation and publication of the Onchan Local Plan. At that time there were no representations made regarding the potential future redevelopment of the application site. It is understood that the previous use and operation was considered a nuisance by some local residents and that it could have been viewed as a bad neighbour within the area. As the site is now cleared and no longer has any restaurant or public house operating from it any such nuisance has obviously ceased.
Given that the surrounding area is an established residential area it is concluded that there is no good reason why the principle of residential development of the application should, or indeed could successfully, be resisted. The residential development of the application site represents the use of a brownfield site within an urban location, something which in principle should be supported. This view was reflected at paragraph 35 of the appointed Planning Inspector's report into previous planning application 06/00960/B, which stated "I believe that there is no material planning objection to the residential use of the land." It therefore remains necessary to examine the specifics of the proposed development and assess the impact of the development on the surrounding area.
The planning application is essentially a revision of previous planning application 06/00960/B. As such it is considered that the appointed Planning Inspector's report into that previous planning application is a major material consideration in the assessment of the current planning application. The development proposed by the current planning application differs from that proposed by the previous planning application in several respects. The overall of number of apartments proposed is reduced from twenty seven apartments to twenty three apartments, with a corresponding reduction in car parking provision from forty car parking spaces to thirty six car parking spaces. This reduction in numbers is reflected a reduction in the size of the proposed buildings, which is tallied with their repositioning and the reconfiguration of some of the floor plans. It is the assertion of the applicant that these differences address the reason for refusal of previous planning application 06/00960/B and result in an acceptable form of development. It is considered appropriate to examine each building in further detail and to assess them against the conclusions of appointed Planning Inspector's report for previous planning application 06/00960/B.
In terms of the two two-storey buildings located on the northern section of the application site (annotated as type A and type B on the application drawings) it is necessary to have regard to paragraph 36 of the appointed Planning Inspector's report into previous planning application 06/00960/B. The Planning Inspector concluded that the siting of the two related buildings proposed by the previous planning application was acceptable provided that the finished floor levels were no higher than shown on the submitted plans. The two related buildings proposed by the current planning application have a slightly changed external appearance from that previously proposed but essentially are the same buildings with the same finished floor levels as the previously proposed ones. Given that the appointed Planning Inspector found the two previously proposed buildings acceptable it has to be concluded that the two buildings proposed by the current planning application are acceptable.
In terms of the two-storey building located on the south-eastern section of the application site (annotated as type C on the application drawings) it is necessary to have regard to paragraph 37 of the appointed Planning Inspector's report into previous planning application 06/00690/B. In respect of the related building proposed by the previous planning application the appointed Planning Inspector concluded that the previously proposed building would have an unacceptable impact on the residential amenity of 11 Kirkway by reason of overlooking and overbearing nature. The building proposed by the current planning application attempts to address those concerns by reducing the number of apartments contained within it from six apartments to four apartments. This reduction in apartment numbers is tallied with a reduction in the size of the building, a repositioning of the building and a rearrangement of the rooms within the four apartments. In terms of assessment it is recognised that the width of the elevation and the rooms facing onto Kirkway has significantly reduced. Based on this and the other changes from the previous planning application it is considered that the impact of the proposed building on Kirkway, and specifically 11 Kirkway, is suitably reduced and that the previous reason for refusal has been addressed.
In terms of the three-storey building located on the western section of the application site (annotated as type main apartment block on the application drawings) it is necessary to have regard to paragraphs 37, 38 and 39
of the appointed Planning Inspector's report into previous planning application 06/00690/B. In respect of the related building proposed by the previous planning application the appointed Planning Inspector concluded that the previously proposed building would have an unacceptable impact on the residential amenity of 8 and 9 Kirkway by virtue of the proximity of the first-floor living room windows and balconies, and the residential amenity of 18 Furman Close by virtue of overlooking from the elevated living room windows. The building proposed by the current planning application attempts to address those concerns by reducing the number of apartments contained within it from thirteen apartments to eleven apartments. This reduction in apartment numbers is tallied with the removal of balconies from the side and rear elevations of the building, the repositioning of windows within the side elevations of the building, and the rearrangement of the rooms within some of the apartments contained in the building. In terms of assessment it is recognised that these changes have been done in an attempt to specifically address the previous reasons for refusal. The repositioning of the windows, rearrangement of the relevant apartments and the removal of the balconies addresses the concerns regarding the impact of the development on 8 and 9 Kirkway. Similarly, the repositioning of windows, rearrangement of the relevant apartments and removal of balconies suitably removes the opportunity for undue overlooking of 18 Furman Close. As such it is considered that the impact of the proposed building on the residential amenity of the surrounding area is acceptable and that the previous reason for refusal has been addressed.
On the basis of the above and the conclusions of the previously appointed Planning Inspector it is considered that the development proposed by the current planning accords with policy O/RES/P/19 of the Written Statement and is acceptable. Issues of design, traffic arrangements, car parking provision and drainage have been examined by the two previous planning applications and not raised as areas of concern. Therefore, it is recommended that the planning application be approved subject to appropriate conditions.
In terms of conditions, in addition to the normal standard conditions, it is considered appropriate to condition the occupation of the apartments, the provision of a financial contribution in lieu of the provision of affordable housing with development, the submission and implementation of a landscaping scheme, and the setting out and provision of car parking.
I consider 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:
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: Permitted
Date of Recommendation: 11.07.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
This approval relates to drawing no.s K117/P/10-01, K117/P/10-03, K117/P/10-04, K117/P/10-05, K117/P/10-06, K117/P/10-07, K117/P/10-08, K117/P/10-09, K117/P/10-10, K117/P/12-01, K117/P/12-02, K117/P/12-03, K117/P/12-04 and K117/P/12-05 date stamped the 4th May 2007.
C 3.
Prior to the commencement of development an agreement, under the provisions of section 13 of the Town and Country Planning Act 1999, must be concluded between the applicant/developer and the Department regarding a financial contribution towards the provision of affordable housing in lieu of any direct provision on the application site.
C 4.
Prior to the commencement of development a landscaping scheme that details all planting and trees to be planted must be submitted to and agreed by the Planning Authority. All planting comprised within the agreed scheme must be carried out in the first planting season following the completion of the development or the occupation of the dwellings, whichever is the sooner. If within a period of five years from the date of the planting of any tree that tree (or any tree planted in replacement for it) is removed, uprooted, destroyed, dies, seriously damaged or becomes defective another tree of the same species and size as that originally planted shall be planted at the same place, unless the Planning Authority gives its written consent to any variation.
C 5.
Prior to the occupation of any of the apartments the car parking spaces, as shown on drawing no. K117/P/10-04 date stamped the 4th May 2007, must be set out and capable of use to the satisfaction of the Planning Authority. A minimum of one car parking space must be specifically designated to each apartment.
C 6.
With the exception of the Warden's apartment the occupation of the apartments hereby permitted by this approval shall only be occupied by persons aged fifty plus and/or persons registered disabled. In respect of persons registered disabled but aged under fifty it is permissible for any associated spouse, dependant or carer to occupy the apartment without restriction on their age or ability.
C 3.
The applicant/developer is recommended to contact the Manx Electricity Authority to discuss the provision or change of any electrical supply.
N 1.
The applicant/developer is recommended to contact the Isle of Man Fire and Rescue Service to discuss the provision of appropriate fire precaution measures and the implications of the Fire Precautions (Flats) Regulations 1996.
N 2.
The applicant/developer is recommended to contact the Isle of Man Water Authority to discuss the provision or change of any water supply. Decision Made: APPROVED Committee Meeting Date: 19/7/07
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