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Application No.: 08/00391/B Applicant: Mr & Mrs C Cowley Proposal: Erection of a detached dwelling with integral garaging Site Address: Land To Rear Of Bay View Hotel Lhargan Port St. Mary Isle Of Man ### Considerations Case Officer: Miss S E Corlett Photo Taken: 09.06.2008 Site Visit: 09.06.2008 Expected Decision Level: Delegated Decision Senior DC Officer ### Written Representations ### Consultations Consulttee: Highways Division Notes: Do not oppose Consulttee: Port St Mary Commissioners Notes: Request a deferal 26.03.08 09.04.08 - Do not object Consulttee: Chief Fire Officer Notes: Note received Consulttee: IOM Water Authority Notes: Note received Consulttee: Manx Electricity Authority Notes: Comments received
The site defined in red represents a piece of land situated on the western side of The Lhargan, which runs from the Bay View Hotel to Plantation Road. Also defined in blue is the open space on the eastern side of Bay View Road opposite the Bay View Hotel which is also defined in blue. The site slopes 14 m upward from east to west over 37.5 m and the eastern part is presently occupied by some car parking spaces.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Residential. On the draft Port St. Mary Area Plan the site is also within an area designated as Residential.
There have been no planning applications submitted in respect of the site of the proposed development. Previous applications for alterations to the Bay View Hotel did not include the application site within the defined site but referred to it on the location plan as "car parking".
Proposed here is the development of the site for a dwelling with two integral car parking spaces. The property will be stepped back, acknowledging the natural slope of the site, over four floors, accommodating four bedrooms, a lounge, four bathrooms, kitchen, dining room and balcony on the top floor with rear access to the upper garden. Three of the bedrooms are on the first floor and the fourth on the top floor alongside the lounge and with access out onto the balcony. Parking for three cars is available in front of the building and car parking alongside the building for 4 vehicles.
There will be three windows in the side elevation facing north, towards the nearest dwelling on this side of the road, which is separated from the site by garaging. These windows serve a bathroom, toilet and utility room.
Port St. Mary Commissioners indicate that they have no objection to the application but express concern about parking - particularly the loss of parking which would result from the development of the site. They also express concern at the use of a proposed soakaway.
Department of Transport Highways and Traffic Division do not oppose the application The occupants of 2, The Lhargan object to the application on the basis that the proposed windows in the side elevation will adversely affect their privacy together with a concern that the proposal will result in a loss of car parking which will adversely affect car parking and traffic in the area. They also express concern at the appearance of the building and the precedent for building on The Cronk which this approval may establish. Finally, they express worry about the stability of the site and structural implications for their property if and when work commences.
A resident of Port Soderick suggests that the site "appears" to be within an area of residential use so the principle is acceptable, however the design is out of keeping.
Manx Electricity Authority point out that there are cables on or around the site which is a matter for those working on site.
Isle of Man Water Authority suggest a note regarding the provision of water supplies to the development which is not a planning consideration.
The Isle of Man Fire and Rescue Service recommends the installation of smoke detection, which is a matter for the Building Regulations.
The site lies within an area of Residential use on the adopted land use plan and as such the principle of development is acceptable. Whilst there is some parking which takes place on the site, and on my visit (mid-afternoon on Monday June 9th, 2008) there was only one vehicle parked on the site, this is a privately owned site which should only be used with the owner's consent rather than as a public facility. There will be, in any case, provision for 4 vehicles to park along the site after the proposed building is erected and more than sufficient space within the development site in which to accommodate the vehicles generated by the proposed dwelling. The Strategic Plan requires that 2 parking spaces are provided per new dwelling: the proposal makes provision for up to 5 spaces.
The site slopes considerably upward towards the west and as such, a conventional design of property would be difficult whilst at the same time providing parking for the new dwelling and retaining parking for the public house. The Lhargan contains a variety of properties, some set back from the road, some right alongside the road where there is no parking provided. As such, it is considered that a modern approach to the design of a property on this site is acceptable in this instance. The Conservation Area proposed in the draft Port St. Mary Area Plan did not extend as far as this site, or The Lhargan or even the Bay View public house.
Number 2, The Lhargan has two windows and a small side garden on its southern elevation. There are to be no windows in the proposed northern elevation which could not conveniently be fitted with obscured glazing but there may be overlooking from the proposed balconies which slightly wrap around the building and from where overlooking of the garden of 2, The Lhargan may be possible.
This has been put to the applicant, who is agreeable to the installation of 1.8 high obscured panels on the balconies facing 2, The Lhargan to prevent overlooking.
The applicant has indicated that the Commissioners are prepared to sell the garages which lie to the north of the site, if planning permission is granted for the new dwelling. The applicant intends to demolish the garaging and create 6 parking spaces to serve the public house. This is not part of the application, however and cannot be required by condition.
Whilst the building is more modern than its neighbours and responds very clearly to the topography of the site, it is not considered that there will be an adverse impact from the proposal. Strategic Policy 5 requires that "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island" and Strategic Policy 3 requires that "Proposals for development must ensure than the individual character of our towns and villages is protected by "having regard in the design of new development to the use of local materials and character".
The development will make good use of an under-used and unattractive site in accordance with Strategic Policy 1a ("Development should make the best use of resources by optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing scarce indigenous building materials"), Strategic Policy 2 and Spatial Policy 5 which encourage sustainable development in existing settlements.
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 Isle of Man Fire and Rescue Service, Manx Electricity Authority and Isle of Man Water Authority raise issues which are not planning considerations and which should not be referred to in the planning decision notice and these parties should not be afforded party status in this instance.
The resident of Port Soderick is not affected by the proposal and should not be afforded party status in this instance.
The occupant of 2, The Lhargan is affected by the proposal and is relatively close to the application site and as such should be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 10.06.2008
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of a dwelling and associated parking as shown in drawing reference AT 925.1 and the site and location plans, all received on 28th February, 2008.
C 3. All windows in the northern elevation must be fitted with glass obscured to Pilkington Level 5 or equivalent and have opening restrictors such that a clear view out of the windows over number 2, The Lhargan is not possible. Such glazing must be retained in perpetuity.
C 4. Prior to the occupation of the dwelling, the balconies must have fitted on their northern side, obscured glazed panels to a height of 1.8 m within the balustrading to prevent overlooking of property to the north of the site.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : Signed : Mrs-F-Muller Senior-Planning-Officer
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