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Application No.: 07/02313/B Case Officer : Miss S E Corlett ### Consultations ### Representations {{table:192094}} ### Planning Applicant: Mr M L Corcoran Proposal: Vary condition one of PA 07/00197/B, and reposition containers to improve vehicular access Site Address: Heathfield Yard Patrick Street Peel Isle of Man **
The site represents the eastern part of Heathfield Yard - a courtyard of industrial units - some modern, some older, which gain their access from Patrick Street, to the west, past a number of other units which are outwith the ownership of the applicant.
The Heathfield Yard in its entirety including the land which is outside the defined site falls within a wider area designated as Residential on the Peel Local Plan 1989.
The following applications have been submitted in respect of this site:
The two applications for the erection of the lock up private garages and for the renovation of the workshops to provide lock-up storage units were permitted on condition, inter alia, that there would be no external storage of materials, PA 05/0665 specifically stating that the existing containers which are being stored on the site must be removed prior to the use of the private storage units as such. The subsequent
application for the retention of the containers was approved on appeal but subject to a condition that the containers are removed from the site prior to 1st December, 2007. This decision was issued on 29th August, 2007.
This application, first submitted on 15th November, 2007 (but returned for additional information) seeks permission for the retention of the containers but in a different position, up against the eastern wall of the site. The side of the containers will be, as shown on the drawings, 3m from the existing unit 7 to the south of the containers and 3.8m from the front of unit 9 to the north of the containers.
The application differs from the situation considered previously (PA 07/00197 refers) in that the position of the containers has been amended following, it is understood, consultation with the Department of Transport Highways and Traffic Division. The Planning Committee may decline to consider an application in any case where it considers that the application is substantially the same as an application which has been refused at any time in the previous 5 years (in accordance with paragraph 4(4) of the Town and Country Planning (Development Procedure) Order 2005 (Statutory Document 251/05)), however given that the position of the containers has been amended from that considered under PA 07/0197 which in any case was permitted subject to condition, the current application is not considered to be substantially the same as one refused within the previous five years, and it is therefore recommended that the Planning Committee consider the application now before them.
The owners of 56, Patrick Street and the owner of Tynwald Woodcrafts on Patrick Street object to the application on the basis that it is the same as that which has been previously considered and refused.
The previous decision to allow the retention of the containers was based upon the consideration of "whether the retention of the containers causes an unacceptable limited on the access to the storage and garage units and the manoeuvring of vehicles within the yard" and concluded that "the reason for imposing the condition in the first place was, and remains sound; it is reasonable for the containers to be removed because of the harm identified above". This harm relates to the lawful use of the units bearing in mind that their use will remain in perpetuity and regardless of the fact that current users, according to the applicant, had not indicated that the containers would cause a problem.
The repositioning of the containers may improve parking and manoeuvring space for those using the industrial/storage units, however, they are still close to at least three of the units (numbers 7, 9 and 8) so as to restrict access and reduce available parking. The containers themselves if they are to be used will generate a need for access and parking which will restrict the space available for other users of the area.
It should be noted that there is a contemporaneous application for the change of use of unit 7 to private storage from garage parking, perhaps as a result of there not being sufficient space from the repositioning of the containers to be able to access this unit with a vehicle. Even if this were permitted, there would still need to be parking and manoeuvring space for the use of the unit and this space is restricted by the retention of the containers even as relocated, on the site.
If refusal is confirmed, the applicant should be required to remove the containers promptly from the site. It is suggested that a period of two weeks is provided to comply
with this, bearing in mind that the containers were to be removed before 1st December, 2007 and the applicant has been aware of this requirement since the start of September, 2007.
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.
The owners of 56 Patrick Street and Tynwald Woodcrafts are affected by the proposal in that if the restriction in the area available for parking results in parking outside the site, on Patrick Street they are adjacent to this. As such these parties should be afforded party status in this instance.
In summary therefore, it is considered that the following parties comply with the provisions of Planning Circular 1/06 and should be accorded Interested Party status:
Decision Recommended by the Director of Planning and Building Control: Refused
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The retention of the containers, which was the subject of two previous applications where both concluded that the containers must be removed from the site, would restrict the amount of space available for the parking and manoeuvring of vehicles associated with the legitimate use of the existing units on site. In addition, the containers would, if used, generate a need for parking and manoeuvring space. Finally, the position of the containers would restrict vehicular access to units 7, 8 and 9 within the yard.
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