3.

TCP/20710/A   P/00732/03  Parish/Name:  Brading

Registration Date:  15/04/2003  -  Full Planning Permission

Officer:  Mr. P. Stack           Tel:  (01983) 823570

 

Conversion of house into 2 flats

3 Hornsey Rise The Mall, Brading, Sandown, Isle Of Wight, PO360BS

 

REASON FOR COMMITTEE CONSIDERATION

 

Report requested by local Member Councillor P Joyce as he is not prepared to agree to application being dealt with under the delegated procedure and requests a site visit be undertaken on grounds that application involves Victorian crescent and may affect adjacent properties and he considers Committee should see property before determining application.

 

PERFORMANCE INFORMATION

 

Request by local Member to report this to Committee has taken the determination outside the eight week period and if determined tonight will total eleven weeks.

 

LOCATION AND SITE CHARACTERISTICS

 

Application relates to a mid-terrace two storey property situated on eastern side of The Mall equal distance from junctions with Lower and Upper Adgestone Road.

 

RELEVANT HISTORY

 

Planning consent granted in January 1991 for garage.

 

DETAILS OF APPLICATION

 

The property which has benefit of both front and rear entrance doors presently comprises kitchen, lounge and hallway at ground floor level with two bedrooms and bathroom above.  Loft has been converted to provide additional room in 1996.

 

Application seeks consent to convert property into two flats comprising single bedroom unit at ground floor level with one/two bedroom unit on upper floor.  Proposal will involve internal alterations including partition and fire walls and installation of additional separate doorway entrance to provide access to ground floor flat in eastern elevation of property.

 

DEVELOPMENT PLAN/POLICY

 

The following policies are considered particularly relevant in this case:

 

G1 - Development Envelopes for Towns and Villages

 

D1 - Standards of Design

 

H4 - Unallocated Residential Development to be Restricted to Defined Settlements

 

H7 - Extension and Alterations to Existing Properties.

 

CONSULTEE RESPONSES

 

Highway Engineer raises no comment.

 

PARISH/TOWN COUNCIL COMMENTS

 

Brading Town Council support application as a means of providing affordable housing for local people.

 

THIRD PARTY REPRESENTATIONS

 

One letter has been received from an adjoining resident objecting to proposal on grounds of intensification of use and general disturbance by reason of prospect of more people, more cars, more noise etc.  Comment is also made that nos. 1 - 4 Hornsey Rise form classic Victorian terrace dating from 1840's and such conversion will adversely impact on aesthetics and character of premises.

 

CRIME & DISORDER IMPLICATIONS

 

Relevant Officer has been given opportunity to comment but no observations have been received.

 

EVALUATION

 

Members will be aware that application should be determined on basis of adopted policies contained within UDP unless material considerations indicate otherwise.  Relevant policies of UDP are considered to be G1, which expects development to be located within defined settlements and Members should be aware that application site is located within development envelope boundary for Brading.

 

Furthermore, Policy H4 states that planning applications for new residential development including infill, conversion and redevelopment on sites not allocated within this Plan will be acceptable in principle where they are within the development envelopes of defined settlements, whilst Policy D1 seeks to ensure that development will not detract from reasonable use and enjoyment of adjoining buildings.

 

Policy H7 is more relevant in respect of more significant works involving the extension and alteration of existing premises.  The policy does advise that applications for extensions and alterations to existing property will be permitted where they are of appropriate size, scale and design to the property.  Members should note that proposal involves mainly internal alterations with external works involving only installation of additional separate doorway entrance to provide access to ground floor flat.  The external change is not considered to be of sufficient magnitude to warrant a sustainable policy objection.

 

Members should appreciate that property itself represents modest Victorian premises and proposal seeks to maximise use of property and its associated floor space and particular care will need to be taken in considering any conversion and its implications for impact on adjoining occupiers.

 

Again, whilst Policy H4 does support principle of conversions within development envelopes, due regard must be given to potential impact of such usage on amenities of adjoining residential occupiers in this instance.  Whilst proposal may intensify use of property it is not felt in principle that conversion to two separate flats would be so unreasonable as to warrant refusal.  Nevertheless, opportunity should be taken by way of planning condition to require a survey of party wall construction in order that the Local Planning Authority may assess any need for additional sound proofing measures.  I am advised that such measures cannot be covered by way of Building Regulations in this particular instance.

 

Providing safeguarding condition is imposed then on balance proposed use of property will provide opportunity to allow additional residential accommodation which it is considered not unreasonably impacts on amenities of adjoining occupiers.

 

HUMAN RIGHTS

 

In coming to this recommendation to grant planning permission consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights.  The impacts this development might have on the owners/occupiers of the other property in the area and other third parties have been carefully considered.  Whilst there may be some interference with the rights of these people this has to be balanced with the rights of the application to develop the land in the manner proposed.  Insofar as there is an interference with the rights of others it is considered necessary for the protection on the rights and freedom of the applicant.  It is also considered that such action is proportional to the legitimate aim and in the public interest.

 

REASON FOR RECOMMENDATION

 

Having given due regard and appropriate weight to all material considerations referred to in this report I am of the opinion that there is no sustainable planning objection to use of premises as two flats and recommend accordingly.

 

            RECOMMENDATION  -  APPROVAL

   

Conditions/Reasons:

 

1

Time limit - full   -   A10

2

Prior to any development being carried out in accordance with this approval a detailed survey of both party walls shall be carried out and presented to the Local Planning Authority for consideration.

 

Reason: To allow the Local Planning Authority to assess the adequacy of the existing property to provide sound attenuation.

3

Should, within one month of receipt of the information required by condition no. 2 the Local Planning Authority determine that sound proofing measures are required, such details shall be submitted and approved in writing prior to any development commencing on site.  Such an agreed scheme shall be implemented prior to any development commencing on site and be maintained thereafter.

 

Reason: In the interests of the neighbouring property and to comply with Policy P5 (Reducing the Impact of Noise) of the IW Unitary Development Plan.

 

 

 

ANDREW ASHCROFT

Head of Planning Services