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Application No.: 08/00909/B Applicant: Howstrake Developments Ltd Proposal: Re-development of site to provide twenty four sheltered housing apartments, wardens apartment and ancillary accommodation Site Address: - Former Follies Cabaret Restaurant Site - Harbour Road - Onchan - Isle Of Man - IM3 1BG ### Considerations Case Officer: Mr A Holmes Photo Taken: 02.07.2008 Site Visit: Expected Decision Level: Planning Committee ### Written Representations - Ballacallin Banks Howe Onchan IM3 2EN Objects to the proposal - 11 Kirkway Onchan Isle Of Man IM3 1BH Objects to the proposal - 1 Marine View Close Onchan Isle Of Man IM3 1BQ Objects to the proposal - 2 Banks Howe Onchan Isle Of Man IM3 2EN Objects to the proposal - 2 Marine View Close Onchan Isle Of Man IM3 1BQ Objects to the proposal - Seacliffe Old Castletown Road Ballaveare Braddan Interest expressed ### Consultations Consultee: Chief Fire Officer Notes: Comments received Consultee: IOM Water Authority Notes: Interest expressed Consultee: Manx Electricity Authority Notes: Interest expressed Consultee: Drainage Division Notes: Objection Consultee: Office Of Architecture Notes: Interest expressed Consultee: Highways Division Notes: Do not oppose Consultee: Onchan Commissioners Notes: Approved Consultee: Estates And Housing Directorate Notes:** Affordable Housing Memo sent 13.05.08
15 July 2008 08/00909/B Page 1 of 6
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 three detached buildings on the application site that provide twenty five residential apartments. Twenty four of these 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 three separate proposed buildings, which can be summarised as: a) one two-storey building that accommodates eleven apartments and communal facilities, which is located adjacent to Harbour Road and incorporates an entrance archway. This building has basement car parking beneath it; b) one one-storey building that accommodates two apartments, which is located adjacent to the northern boundary of the application site; and c) one three-storey building that accommodates twelve apartments and communal facilities, which is located on the western section of the application site. The overall proposed development is served by thirty eight car parking spaces, which is divided into seventeen spaces at ground level and twenty one spaces within the underground basement car park. Seven of the overall car parking spaces are specifically designated as disabled car parking spaces.
The application site has been the subject of three 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:
Planning application 07/00883/B sought approval for the re-development of the site to form 22 sheltered housing apartments with wardens and ancillary accommodation. This previous planning application was considered and approved on the 19th July 2007, with the approval decision notice issued on the 24th July 2007. 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 18th December 2007. The stated reason for refusal was: "The proposed development would harm the residential amenities of nearby properties to an unacceptable degree." Copies of the decision notices for these three 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 Highways Division do not oppose the planning application. The Department of Transport Drainage Division object to the planning application on the grounds that until the applicant provides requested percolation tests they are unable to assess the proposed development.
The Department of Local Government and the Environment Estates and Housing Section express an interest in the planning application.
The Isle of Man Water Authority express an interest in the planning application. The Manx Electricity Authority express an interest in the planning application. The Isle of Man Fire and Rescue Service express an interest in the planning application. The owner and/or occupant of Ballacallin, Banks Howe, which is located opposite the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development would be out of character with the area, that it would have a detrimental visual impact and that the impact on residential amenity is unacceptable.
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 2 Banks Howe, which is located opposite the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development would be out of character with the area, that it would have a detrimental visual impact and that the impact on residential amenity is unacceptable.
The owner and/or occupant of 1 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 impact of the proposed development on residential amenity, the effect on visual amenity and the potential loss of trees.
The owners and/or occupants 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, expresses an interest in the planning application.
In terms of land use planning the application site is designated as an area of tourist accommodation and leisure under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 1. Whilst Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, does not contain any policies that are site specific to the application site it is considered that it does contain two policies that are considered specifically material to the assessment of the planning application:
Policy O/RES/P/19 states: "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."
Policy O/RES/P/20 states: "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 strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of the planning application:
General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
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 planning policy. As stated earlier within this report, the application site is designated as an area of tourist accommodation and leisure under the plan, which 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 has been supported by the conclusions of appointed Planning Inspectors into appeals against the approval of previous planning applications 06/00960/B and 07/00883/B. As such the principle of development is considered to be acceptable and it therefore remains necessary to examine the specifics of the proposal to assess the impact of the proposed development on the surrounding area.
The development proposed by the planning application is essentially of a revision of the development proposed by previous planning applications 06/00960/B and 07/00883/B, and attempts to address the reasons for refusal of those previous planning applications. In terms of assessment the three key issues to examine are the impact on the residential amenity of the surrounding properties, the impact on the visual amenity of the area and the impact on highway safety.
The positioning of buildings within the application site and their subsequent impact on the residential amenity of the surrounding residential properties has been examined in depth through the appeals for previous planning applications 06/00960/B and 07/00883/B. In addition to elevation drawings the planning application contains site section drawings showing the relation of the proposed development to the adjacent properties. Taking these into account, together with the conclusions of the previous appeals, it is considered that the impact of the three buildings on the surrounding residential properties is acceptable.
In terms of the two-storey building adjacent to Harbour Road it can be seen that the distance of the proposed building from the application site boundary is either similar or greater than the distance of respective dwellings from the application site boundary in Marine View Close and Kirkway. This combined with the layout of the building, positioning of windows, overall site levels and screening results in an acceptable impact on the residential amenity of those adjoining properties.
In terms of the one-storey building located adjacent to the northern boundary of the application site it can be seen that the overall scale of this building combined with its position, overall site levels and screening would not unduly affect the residential amenity of the relevant adjoining properties in Marine View Close.
In terms of the three-storey building located on the western section of the application site it can be seen that the changes made to the building from that proposed by the previous planning applications address previous concerns. An examination of the elevation drawings and relevant site section drawings shows that the impact of the proposed building on the residential amenity of relevant adjoining properties in Furman Close and Kirkway is suitably limited. This combined with the layout of the building, positioning of windows, overall site levels and screening results in an acceptable impact on the residential amenity of those adjoining properties.
The main visual impact of the proposed development has to be on the street scene along Harbour Road. In this regard the proposal differs in form and design from the proposals put forward by the previous planning applications, as this current planning application proposes a single building with entrance archway adjacent to Harbour Road. It is accepted that this form of development is not previously found within the surrounding area, but this is not reason for refusal of a planning application. Rather, it is necessary to have regard to the design, scale and form of the proposed building and to assess its impact on the street scene. In that regard it is considered that the proposed building sits suitably within the application sites frontage on Harbour Road and that scale is appropriate. Taking this into account, together with natural screening, it is concluded that the impact on the street scene is acceptable. Therefore the visual impact of the proposed development is considered to be acceptable.
In respect of the impact of the proposed development on highway safety the two issues to consider are the appropriateness of the vehicular access onto Harbour Road and the level of on-site car parking provision. In terms of the vehicular access onto Harbour Road, on the basis that the Department of Transport Highways Division do not oppose the planning application and that the access has not previously been raised as a concern with the previous planning applications it is considered that this aspect is acceptable. In terms of the level of on-site car parking provision the relevant minimum standard set out by Appendix 7 of the Isle of Man Strategic Plan 2007 is one space per three units. The provision of thirty eight spaces to serve twenty five apartments is significantly in excess of the minimum standard and is therefore acceptable.
On the basis of the above it is concluded that the proposed development is acceptable. In terms of the percolation test request from the Department of Transport Drainage Division it is noted that the issue of site drainage has not been previously raised as a concern and that the specifics of soakaway design would be a matter of assessment through any subsequent building regulations application. Accordingly, it is recommended that the planning application is approved subject to a legal agreement regarding the provision of a financial contribution in lieu of the provision of affordable housing within the development. In terms of conditions, in addition to the normal standard conditions, the planning approval should be subject to conditions relating to the occupation of the apartments, 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:
Onchan District Commissioners; The Department of Transport Highways Division; The Department of Transport Drainage Division; The owner and/or occupant of Ballacallin, Banks Howe; The owner and/or occupants of 2 Marine View Close; The owner and/or occupant of 2 Banks Howe; The owner and/or occupant of 1 Marine View Close; and The owners and/or occupants of 11 Kirkway. 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:
The Isle of Man Water Authority; The Manx Electricity Authority; The Isle of Man Fire and Rescue Service; and
The owner and/or occupant of Seacliffe.
Recommended Decision: Defer Legal Agreement Date of Recommendation: 15.07.2008
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to drawing no.s K161/P/10-01, K161/P/10-02, K161/P/10-03, K161/P/10-04, K161/P/10-05, K161/P/10-06, K161/P/10-07, K161/P/10-08, K161/P/10-09, K161/P/10-10, K161/P/11-01, K161/P/11-02, K161/P/11-03, K161/P/12-01, K161/P/12-02 and K161/P/12-03 date stamped the 1st May 2008.
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.
Prior to the occupation of any of the apartments the car parking spaces, as shown on drawing no.s K161/P/10-04 and K161/P/10-07 date stamped the 1st May 2008, 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.
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.
Decision Made: APPROVE SUBJECT TO LEGAL AGREEMENT Committee Meeting Date: 24/7/08
Planning Committee revised condition no. 5 to:
"With the exception of the warden’s apartment, the occupation of the apartments hereby permitted by this approval shall be occupied by persons aged fifty or over and/or persons registered disabled. In respect of occupation by persons registered disabled it is permissible for any associated spouse, dependent or carer to occupy the apartment without restriction on their age or ability."
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