2011/0332 / Dr. R.Lewis &
Miss K Simmonds
WARD/PARISH: / CASE OFFICER: / DATE RECEIVED:
DaltonNorthAskam and Ireleth Parish Council / Barry Jesson
01229 876323 / 03/05/2011
STATUTORY DATE:
27/06/2011
LOCATION:
3 Pryors Walk, Ireleth,Askam-in-Furness
PROPOSAL:Conversion of attached garage to form a utility room.
SAVED POLICIES OF THE FORMER LOCAL PLAN:
POLICY B19
Applications involving the loss of garages or access thereto will only be permitted where it can be demonstrated that sufficient alternative parking space is available behind the building line or in such other position as will not have an adverse impact on the character of the area.
SUMMARY OF MAIN ISSUES:The awkard off-road parking arrangement has already resulted in the garage not being used for parking. The proposal therefore has no negative impact on the streetscene.
NON MATERIAL CONSIDERATIONS:REPRESENTATIONS:
Development advertised on site
Occupiers of 16, Abbey heights, 1, Pryors Walk, 5 Pryors Walk, Barrow. All informed.
The Occupier, 14 AbbeyHeights, Ireleth.
“I read the notice on the lamp post in AbbeyHeights this week, and although I like the lovely residents of 3 Prior's Walk very much, I cannot condone the proposals for a garage conversion.
There are already cars parked on the street here from time to time - all from people who either do not make use of their unconverted garages or their ample driveways. For those of us who do use our driveways and DO make the effort to swap our cars around to
ensure that we do not park on the road, this is rather annoying.
Although access to the garage at number 3 Prior's Walk cannot be easy, as one would need to double park one car in front of the garage, the fact remains that by not utilising their garage, one car from number 3 is usually parked on the road.
Many residents here do ensure that they park both cars on their driveways. I do wish everyone would.
Converting garages into other rooms is only going to lead to permanent parking problems, so I'm sorry, but I cannot condone this in principal and must object to the proposals.
As I have said, they are lovely neighbours, so I feel rather uncivil sending this email. I hope they understand that it is nothing personal, but a general principal.
In light of difficulties that I know some other neighbours have had with access to their own drive when cars from number 3 Prior's Walk have made it difficult for drive access at number 2, and cars from 7 Abbey Heights and 9 Abbey Heights have on occasion parked in the road making it difficult to negotiate parking or turning around, I feel strongly that all residents should utilise their driveways and garages and keep cars off the road where at all possible.
Garage conversion should not be permitted if it leads to parking on the road, so I hereby object to the proposal.
Once again, I hope my lovely neighbours understand that this is not personal.”
Askam and Ireleth Parish Council
No response received.
OFFICERS REPORT:The application is to convert part of the attached garage to a utility room, retaining a portion of the garage for storage. The property is detached, but the garage is adjoined to the neighbours, who share a private driveway off the main highway. This driveway only services the two houses, which are positioned at 90 degrees to Pryors Walk. The house is located on the wider residential estate off Ireleth Road.
The application is minor in the sense that the footprint remains the same and the only external change is the addition of a small window in the rear elevation of the garage. The main issue to be considered is the loss of an off-road parking space. Saved Policy B19 allows for garage conversions where the character of the area will not be unduly diminished by the presence of cars parked on streets and on the front gardens of houses.
The current parking arrangement theoretically allows for one vehicle to park in the garage and one in front. The space in front of the garage is behind the front building line of the property, due to the set back of the garage. However, the practicality of parking in the garage is somewhat questionable. Firstly, the garage is shown to be 5.2m in length x
2.7m width. This is smaller than the typical standard of 6m x 2.6m. In addition, the arrangement with the main highway makes it somewhat difficult to manoeuvre cars to allow access/egress should both cars be parked off-road. Due to this, the applicants already park one vehicle on the road to the side of the house on Pryors Walk. This is stated in the letter of objection received (full copy above).
As such there seems little point protecting a garage which is difficult to use, and has been demonstrated already that it is not used for parking. The proposal does not affect the amenity of any neighbour and does not alter the character of the streetscene.
RECOMMENDATION:I recommend that planning permission be GRANTED subject to the Standard Duration Limit and the following conditions:
Condition No. 2
The development must be carried out in accordance with the plans (drawing numbers ‘7 of 12’ and ‘11 of 12’) submitted with the application dated
Reason
To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.
Reason for Approval
That having regard to the provisions of Section 38(6) of the Planning and Compulsory Purchase Act and all other material considerations, and subject to the proposed conditions, the development as proposed by reason of its location, design and orientation, will not have a detrimental impact upon the neighbouring properties or the visual amenities of the area. As such, the proposal complies with the Development Plan for the area, specifically saved policy B19 of the former Barrow-in-Furness Borough Council Local Plan Review 1996-2006.
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PLAN NUMBER: / APPLICANT: / AGENT:2011/0182 / Mr.S.Barrow / Mr W Woodhouse
WARD/PARISH: / CASE OFFICER: / DATE RECEIVED:
Hawcoat / Ian Sim
01229 876384 / 07/03/2011
STATUTORY DATE:
01/05/2011
LOCATION:
27Windermere Avenue,Barrow-in-Furness
PROPOSAL:Erection of a replacement larger garage.
SAVED POLICIES OF THE FORMER LOCAL PLAN:
POLICY B20
Applications for garages will be refused unless the proposed garage is located a minimum distance of six metres from the highway. Exceptions to this policy will be allowed only where the safety of people using the highway will not be unduly diminished such as along back streets.
POLICY D21
In determining all applications submitted to it the local planning authority will have regard to the General Design Code set out in paragraph 5.4.27 of this plan.
In towns and villages, proposals shall relate to the context provided by buildings, street and plot patterns, building frontages, topography, established public views, landmark buildings and other townscape elements. Proposals that do not respect the local context and street pattern or the scale, height, proportions and materials of surrounding buildings and development which constitutes over development of the site by virtue of scale, height or bulk will not be permitted, unless there is specific justification, such as interests of sustainability, energy efficiency or crime prevention.
Development proposals in the countryside shall respect the diversity and distinctiveness of local landscape character. New farm buildings will, in general, be required to be sited within or adjacent to an existing farm building complex or in other well screened locations and to be subject to a complementary design and use of materials, with, where necessary, a ‘planting’ scheme.
SUMMARY OF MAIN ISSUES:Summary of main issues: The proposal will have no detrimental impact upon the street scene nor on the neighbouring properties.
NON MATERIAL CONSIDERATIONS:REPRESENTATIONS:
Development advertised on site
Occupiers of 23, Helvellyn Walk, 2, Seatoller Place, 25, 29, Windermere Avenue, Barrow. All informed.
The Occupier, 25 Windermere Avenue, Barrow
I would like to raise the following objections:-
1) I object to the proposed extension to the garage at the front of theproperty as I feel it will encroach on my bedroom window privacy.
2) I object to the garage front moving forward towards my bedroomwindow as I feel that the daylight, which is already compromised due tothe properties being in close proximity, will be made even darker,especially if a large vehicle is parked by the garage door.
3) To maintain the fencing which is now possible, will again becompromised by the close proximity of the proposed new garage wall tothe fence, therefore will be impossible to maintain.
4) To enable the proposed garage wall to be constructed, which requiresfootings of l m x 800mm, will I feel compromise the already existingfence and maybe undermine its safety.
5) I must also comment on the affect the proposed new garage wall willhave on my back garden aspect which will give a feeling of being"closed- in" and also a feeling of being overlooked.
6) I also object to the proposed larger garage as I feel it has the potential todevalue my property.
I trust you will take the following objections into account when considering the above application.”
CONSULTATIONS:None.
OFFICERS REPORT:The proposal is for the erection of a larger, replacement garage.
The application site is a detached property on the northern side of Windermere Avenue set within a relatively spacious plot in close proximity to the junction formed by Seatoller Place and Crummock Drive. The character of the area being a developed suburban residential area formed by detached and semi-detached properties with generally modest front garden areas, although the plot sizes can vary with particular regard to the rear garden areas. Off-road parking provision is by driveways and/or garages to the rear, limited hard surfaced front garden areas are also within the vicinity or a combination of the three are used.
Members will have noted the representation received from the detached neighbour to the west, No.25 Windermere Avenue and the issues raised are considered below, however, house valuation, is not a material planning consideration nor is the parking of private motor vehicle(s) upon the driveway for the incidental enjoyment of the dwelling house and the replacement/maintenance of fencing being a civil issue .
The proposed larger replacement garage would be attached to the house, being at the north-western side of the garden helping to form the boundary with No.25 Windermere Avenue and No.2 Seatoller Place, with the access point being the same, which is from Windermere Avenue. The existing rectangular shaped detached garage has a footprint of 6 metres x 3.1 metres being approximately 1 metre from the boundaries with Nos. 25 Windermere Avenue and 2 Seatoller Place, to the west and north west of the application site respectively. The replacement garage has an 'L' shape with an indicated footprint of 11.4 metres x 6 metres with a ridged roof (to the front of the garage) giving an overall height of almost 4 metres and this reduces to approximately 2.8 metres by the inclusion of a flat roof through a length of 7.8 metres and will be set in from the boundaries of the aforementioned properties by 0.16 metre. The proposed garage will in effect help to form the boundary walls to the above-mentioned properties. The external finish is shown to be white Upvc for the doors and window frames with the roof and side elevations to be similar to the applicants’ property.
Whilst the proposal is significantly larger, it is to be accessed by an existing driveway which will still retain a length of roughly 12 metres with the width being an indicated 3.9 metres. The proposed garage would be forward of the existing garage by approximately 4.6 metres and in this respect there would be a visual difference to the situation as presently exists, however, all built development must have an impact. Off-road parking provision would be protected and the garage length/width improved.
Due to orientation, location and design, no undue impact upon natural light or sunlight, although it should be noted, as mentioned above, that the proposed garage will be forward of the existing garage by roughly 4.6 metres, however, it has been located to reduce the impact upon into the neighbouring detached property to the west (No.25 Windermere Avenue) existing windows on this property's main eastern elevation.
Concern has been expressed about the potential adverse impact upon the privacy of a bedroom window in the neighbouring property. However no windows are proposed to the boundary of the proposed garage.
Development invariably has an impact on neighbouring properties and the effect the proposed development will have on adjacent properties is a matter which is taken into consideration when coming to a decision on the acceptability of the application.
RECOMMENDATION:I recommend that planning permission be GRANTED subject to the Standard Duration Limit and the following conditions:
Condition No. 2
The development must be carried out in accordance with the application dated 26 February 2011 and the plans (Drawing Nos. WAW 1381 1A; WAW 1381 2A; WAW 1381 3A; WAW 1381 4A; WAW 1381 5A; WAW 1381 6A; WAW 1381 7A; WAW 1381 8A;
WAW 1381 9A; 10; WAW 1381 11A; WAW 1381 13A; WAW 1381 14A and WAW 1381 15A) hereby approved as varied by the attached condition(s).
Reason
To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.
Condition No. 3
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008, (or any Order revoking or re-enacting that Order with or without modifications) no opening of any kind shall be made in the western or north western (facing No.25 Windermere Avenue and No.2 Seatoller Place respectively) elevations of the permitted extension without the prior written consent of the Planning Authority.
Reason
In order to protect the residential amenities of the occupier(s) of Nos.25 and 27 Windermere Avenue and No.2 Seatoller Place from overlooking of perceived overlooking.
Reason for Approval
That having regard to the provisions of Section 38(6) of the Planning and Compulsory Purchase Act and all other material considerations, and subject to the proposed conditions, the development as proposed by reason of its location, design and orientation, will not have a detrimental impact upon the neighbouring properties or the visual amenities of the area. As such, the proposal complies with the Development Plan for the area, specifically policies B20 and D21.
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PLAN NUMBER: / APPLICANT: / DATE RECEIVED:2011/0290 / Mr SOzmus/Antalya / 11/04/2011
WARD/PARISH: / CASE OFFICER: / 8 WEEK DATE:
Central / Barry Jesson
01229 876323 / 05/06/2011
LOCATION:
81 Duke Street,Barrow-in-Furness
PROPOSAL:Continuation of use as a hot food take away without complying with Condition No.2 of permission 2007/1201 in order to allow opening until 5am on Saturdays, Sundays and bank holiday Mondays.
SAVED LOCAL PLAN POLICIES:
POLICY C7
Within the Mixed Areas around Barrow Town Centre the Authority will allow shopping or commercial uses where this does not adversely affect immediate residential neighbours and meets normal planning standards. The Authority will also allow conversions to residential schemes, particularly on upper floors, where this will assist the regeneration of the area and will bring back into use a vacant property, subject to the application of the criteria contained in Policy B6 and the site being capable of providing an acceptable residential environment for future occupiers.
POLICY C14
Within the Mixed Areas around Barrow Town Centre, as allocated under Policy C7, hot food take-aways and restaurants will, subject to their impact on neighbouring residential properties being considered acceptable and to other planning policies, be subject to a requirement that their opening hours be restricted to 0700 to 2300 hours. An exception will be made for Cornwallis Street where restaurants and take-aways will be allowed to operate on the basis that customers can be admitted until 0200.
SUMMARY OF MAIN ISSUES:The proposed extension of hours will not significantly alter the existing character of the area due to existing night time activity and nearby premises licensed to a similar time.
NON MATERIAL CONSIDERATIONS:REPRESENTATIONS:
Occupiers of 38, Clifford Street, 83-85, Duke Street, 54, St. Vincent Street, Barrow. All informed. No representations received.
CONSULTATIONS:Town Centre Residents Association – No response received.
Estates and Development Manager – No response received.
Cumbria Constabulary – No response received.
Environmental Health
“It may be an idea to place similar conditions on this application.”
OFFICERS REPORT:The application site is an end terrace, 3 storey building, comprising ground floor take-away (The Antalya) with accommodation above. The building is grade II listed and is located within the Central Barrow Conservation Area. It is located at the junction of Duke Street and St Vincent Street.
Planning permission was granted for a change of use from offices to a hot food take-away in 1998 (1998/0592). Condition 2 of that permission stated the business should only operate between the hours of 06:00 and 24:00.
Planning history:
There have been several applications relating to the site, the most recent approval being to allow opening from 0600 hrs to 0300hrs (Thur/Fri/Sat) and 0600hrs to 0130hrs (Sun to Wed).
Similar applications:
Members may be aware of an appeal case at 72 Duke Street (Marmaris Grill). The application (2005/1841) was for the extension of opening hours to allow the take-away use to operate until 03:00 am. The application was refused as it was felt that an extension of the opening hours would be detrimental to residential amenity; however the decision was overturned at appeal.
The applicant had carried out a survey of environmental noise and activity which showed that ambient noise levels are relatively high and would not be affected by whether or not the premises remain open. The Inspector felt that the application could not be refused on the basis of a perceived threat to amenity and required specific evidence from the council to prove that an extension to the hours would be harmful to local residents.
Since this appeal decision, the Marmaris has successfully applied to extend their hours to allow opening until 5am Saturdays, Sundays and bank holiday Mondays.