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23/00183/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00183/B Applicant : Mr Geoff Lockwood Proposal : Alterations to facilitate change of use from 8 permanent residential apartments to 9 tourist units as previously approved under PA 17/00046/B Site Address : 11 Mona Drive Douglas Isle Of Man IM2 4LG
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.07.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The holiday/tourist accommodation hereby approved shall be used solely as temporary holiday letting accommodation and for no other purposes whatsoever including use as permanent residential units without the prior express grant of planning permission by the Department.
They shall not be occupied as a person's sole or main residence and the owner of the holiday/tourist accommodation shall maintain an up-to-date register of the name of each occupier of the holiday/tourist accommodation on the site, their length of stay and their main home address and shall make this information available at all reasonable times to the Department.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
C 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the buildings hereby approved shall be
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used only for the purpose hereby approved, as tourist accommodation units (class 3.6), and shall not be used for any other purpose without the express grant of planning approval from the Department.
Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.
This application has been recommended for approval for the following reason. Overall, the proposal is considered to comply with General Policy 2, Strategic Policy 8, and Business Policy 13 of the Isle of Man Strategic Plan 2016, as well as the Area Plan for the East, as the proposal would not harm the use and enjoyment of the existing neighbouring properties or result in adverse visual impacts on the character of the site, surrounding street scene, or Conservation Area where it is situated. The parking and highway safety impacts are also considered to be acceptable and complaint with Transport Policy 7 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings received on 24 Mar 2023.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the curtilage of 11 Mona Drive, Douglas, which is a five storey end terrace corner building including a basement, sited on the south western side of Mona Drive and south eastern side of Empress Drive in Douglas.
1.2 The main access to the building is situated on Mona Drive, while its service access and bin storage area is accessed via a rear access lane connected to Empress Drive and Mona Drive. A low boundary wall runs along most of the site boundary only opening up at the main pedestrian access gate and service gate.
2.0 THE PROPOSAL 2.1 Planning approval is sought for alterations to facilitate change of use from 8 permanent residential apartments to 9 tourist units as previously approved under PA 17/00046/B. The proposal would involve the conversion of the property into nine serviced tourist apartments, 6 x 1 bed suites and 3 x 2 bed suites.
2.2 Over basement and ground floor level, there would be three (3) 1 bed suites; with bedrooms and bathrooms on the basement floor, with internal staircases leading to the first floor where the lounges are situated. There are light wells and a yard which provide natural light to the basement rooms which have limited outlook to the surrounding street scene.
2.3 The first, second, and third floor each provide for a single bedroom suite and a two bedroom suite. Each of these units have their dedicated bathrooms.
2.4 There are no external works proposed to the elevations as part of this application, however the plans include the alterations such as blocking up of external doors and removal of staircase which have already been carried out. The works would only involve the change of use and internal alterations only.
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2.5 The building would utilize existing serves and as such no new services, with the scheme benefiting from existing foul and surface water disposal systems. There are no parking provisions for the site. Also no secure cycle storage provisions exist on site. The bin storage area is to the side of the property, by Empress Drive.
2.6 The current application is the same as that approved under PA 17/00046/B which has now lapsed.
3.0 PLANNING POLICY 3.1 The application site is in an area designated as Mixed Use on the Area Plan for the East (Map 4 - Douglas) and the site is within The Douglas Promenades Conservation Area. The site is largely not prone to flood risks although the site frontage is within a flood risk zone.
3.2 The Area Plan Written statement states the following about Mixed Use Areas:
3.2.1 Section 9.11 Development in areas of 'mixed use' "9.11.1 There are a number of areas of 'mixed use' outside of Douglas town centre. Some are identified by a site number on the Maps and others are not, for instance Village Walk in Onchan does not have a site number.
9.11.2 Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed use."
3.2.2 Section 10.2: Tourism in the East "10.2.2 Douglas provides most of the accommodation facilities, including restaurants and hotels, as well as other tourism-related businesses and services. Douglas Promenade and roads leading to it still retain a number of hotels and guest houses taking advantage of the beauty of the Bay, facilities, shops and recreation and leisure opportunities. It is important that these hotel facilities are retained and proposals to refurbish and upgrade them supported. The general aim must be to provide a variety of accommodation in line with strategic policy."
3.2.3 Area Plan desired outcomes i. To support the upgrade, renovation, refurbishment and renewal of existing hotel and guest house accommodation, to maintain and enhance market appeal and thus viability. vi. The retention of existing tourist accommodation uses unless it can be demonstrated that such accommodation is no longer commercially viable.
3.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
3.3.1 Strategic Policy 8: Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions.
3.3.2 Business Policy 13: Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents.
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3.3.3 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Departments current standards." Appendix 7 sets out the parking standards for different types of development. While tourism units are not specifically referred to, it stipulates that for hotels, motels, guest houses, parking provision should be 1 space per guest bedroom (In rural and suburban locations). It further states that in urban locations standards may be relaxed as (d) below: (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality.
3.3.4 General Policy 2 (In part): "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services".
3.3.5 Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development".
3.3.6 Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 ISLE OF MAN NON-SERVICED ACCOMMODATION FUTURES - FINAL REPORT 4.1.1 Planning Policy Recommendations (in part) "In terms of defining what is meant by 'overriding national need', we have suggested a number of tests or criteria that could be considered in terms of: o Extending the season/attracting visitors outside the main May-September period; o Serving and helping attract target markets - accommodation aimed at families, empty- nesters, walkers, cyclists etc."
4.2 TOWN AND COUNTRY PLANNING ACT 1999 4.2.1 S18 Designation of conservation areas Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". It is not considered that this proposal would conflict with that objective and as such the application will be considered in the context of the policies as set out below and within section 3 of this report.
4.3 PLANNING POLICY STATEMENT 1/01
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4.3.1 "Policy CA/2: Special Planning Considerations When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected".
5.0 PLANNING HISTORY 5.1 The application site has been the subject of the following planning applications that are considered relevant to the assessment of this current planning application given the nature and level of development proposed:
5.2 Approval was granted under PA 17/00046/B for alterations to facilitate change of use from 8 permanent residential apartments to 9 tourist units. It was indicated within Paragraph 1.3 of the Officer Report that "Works to convert the building under 13/00718/B into eight residential apartments have started and now the applicant has a hotel operator interest in going into the building". This application was not implemented within the four year time limit so the application has now lapsed.
5.3 PA 13/00718/B for Conversion of the former hotel into eight residential apartments - PERMITTED.
5.4 PA 12/00095/B for Alterations, erection of an extension and installation of replacement windows - PERMITTED.
5.5 PA 10/01698/B for Conversion of existing hotel into eight apartments - REFUSED. This application was refused on the following grounds: "1. The proposed development would be contrary to Housing Policy 17 of the Isle of Man Strategic Plan 2007 in that: (i) The basement apartment will have a poor residential environment by virtue of its outlook and access to natural light; (ii) The ground floor apartment will have a poor residential environment by virtue of its outlook onto a motorbike/bicycle parking area and use of the parking area will result in overlooking, loss of privacy, noise and general disturbance to that apartment; and (iii) Apartments 4, 6 and the front apartment on the third floor will have a poor residential environment by virtue of their bedrooms being adjacent to living rooms of the neighbouring apartment which will result in general disturbance and increased noise to the affected apartments."
5.6 PA 09/00838/C for Change of use from hotel to offices - PERMITTED.
5.7 PA 87/01383/C: Change of use from hotel to office accommodation. This application was refused on the grounds that the proposed development would be contrary to the policies of the Town Centre Map and the Development Plan, and would be detrimental to the viability of the Town Centre as such; there is no evidence of the availability of the necessary car parking provision; no floor plans showing the internal arrangements of the building have been submitted.
6.0 REPRESENTATIONS
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Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 31 March 2023. They find the application to have no significant negative impact upon highway safety, network functionality and /or parking. The applicant is advised to consider installing cycle parking to aid Active Travel and net zero objectives.
6.2 Douglas Borough Council have requested that this development must not prohibit the refuse bin from being removed from the highway to be stored within the curtilage of the property between refuse collections. They further state that no refuse bins should be stored on the highway (12 May 2023).
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment and determination of this planning application are: i. The principle of the proposed tourist use; ii. The Visual impacts of the proposal; iii. Impact of the proposal on the living conditions of the immediate neighbours; and iv. Impact on Parking and Highway Safety
7.2 PRINCIPLE OF THE DEVELOPMENT (GP 2 & STP 8) 7.2.1 In assessing the acceptability of the principle of the proposed development, it is noted that there is a general presumption in favour of the use of existing residential accomodation as tourist accommodation on the Island although there can be instances where the slight change in character from the different type of occupation can result in adverse impacts. Observed adverse impacts tend to be exacerbated where properties share common facilities, particularly apartments on properties within terraces where proximity tends to intensify impacts on neighbouring amenity. In this case, the entire building would be used as tourist accommodation, as such, there would be no shared facilities with residential occupants within the property.
7.2.2 In addition, the site is located in a mixed use area which includes tourist uses, therefore the proposal is considered to be acceptable. Likewise, prior to the 2013 application to convert it to residential, the previous use of the building was as a hotel.
7.2.3 It is also relevant in such an assessment to consider the existing use of the property, and in this case, it is considered that the property already serves as residential accommodation with the existing facilities within the apartments serving the residents and guests of the families that resided in the apartments, such that if approval was not granted, the building would remain in residential use with its attendant impacts.
7.2.4 There is also clear support within the Strategic Plan and the Area Plan for the East for the use of existing built fabric as tourist accommodation provided it can be demonstrated that it will not compromise the amenities of any neighbouring residents, in addition to being compatible with neighbouring uses.
7.2.5 It is also important to note that the existing tourism strategies on the Island which have been referenced as the other material considerations within section 4 of this report, such as the Isle of Man Non-Serviced Accommodation Futures - Final Report, seek to maximise the potential benefits of an expansion on non-service accommodation on the Island, particularly those that cater for families which the current scheme would be well-suited. As such, it is
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considered that the scheme as proposed aligns with the tourism strategies for the Island given its potential to serve families.
7.2.6 Like most properties situated in this part of Douglas, the units would be located within an area frequented by tourists - due to the proximity of the area to tourist's sites such as the Promenade, the Villa Marina, the Manx Museum, the Palace Hotel & Casino, public houses as well as those using the beach. As such, the location of the premises is well suited to a tourist use, and the principle of such development is considered acceptable.
7.3 VISUAL IMPACTS (GP 2, EP 35 & PPS 1/01) 7.3.1 With regard to possible impacts on the character or appearance of the Conservation area, it is noted that the proposal involves no physical changes to the building and as such there would be no detrimental visual impacts from the proposal.
7.3.2 In addition, income generated via the tourist rentals for this property which is within the Douglas Promenades Conservation Area will ensure that there is revenue available to support the maintenance of the property, so that it does not fall into a state of disrepair. For that reason, whilst the scheme would not result in any physical changes to the exterior of the building, it would ensure the continuous maintenance of the property through the income generated and as such can be considered to preserve the character and appearance of the dwelling and in turn the broader Conservation Area; complying with EP35 of the Strategic Plan and PPS 1/01.
7.4 IMPACT ON NEIGHBOURS (GP 2 & BP 13) 7.4.1 In terms of impacts on neighbouring amenity, it is considered that the concern with using apartments for tourist accommodation lies in the potential to cause disruptions to the immediate and adjoining neighbouring properties. However, in terms of differentiating a tourist and a permanent resident it is often difficult to define how each would behave. As a tourist, a person may be out a lot of the time, but may also have a greater number of late nights and be disruptive on return. On the other hand, permanent residents may be at home more, and could be more likely to invite friends or family over for dinner or parties that may be noisy. As a general rule, the majority of people tend to behave well and raise no concerns, although there will always be a percentage that may not behave. Besides, the existing building would be used as tourist accommodation, so there would be no direct impacts on immediate neighbours, save for those impacts that can affect the entire locality, which would rarely occur with developments such as this consideration there are no communal lounges or shared facilities within the building.
7.4.2 Based on the foregoing, it is considered that the use of the existing residential dwelling as tourist accommodation would have a similar impact, whether it is used for tourist or permanent residential use and therefore would not have a significant impact upon the living conditions of the neighbouring properties. It should also be remembered that the use of the site for private rental accommodation would require no planning approval and could result in frequent and continual turnover of residents, with increased demand for parking which would have a greater impact on the area, given that the site has no parking provision.
7.5 Parking/Highway Safety Impacts (GP2) 7.5 In terms of highway safety impacts, there should be no material change in the effect on highway safety and car parking with arguably a reduced impact from tourist occupancy where such may not always have a car, or require a car as the property. Besides, the property is within close proximity to a public transport corridor with tourists occupying the dwelling afforded easy access to public transport options to various parts of the Island. The site is also within close proximity to a good number of tourist sites in Douglas with minimal requirement for vehicular transportation to these sites.
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7.5.2 The advice offered by DOI Highways who are the professionals tasked with providing professional advice on highway safety concerns also confirm that there minimal concerns in terms of highway safety, network functionality and parking. As such, it is not considered that there would be any concerns with regard to parking and highway safety resulting from the proposed development.
8.0 CONCLUSION 8.1 It is considered that there is no demonstrable harm arising from the proposal and the proposal would be compatible with the adjoining uses within the application site and locality. The application is, therefore, recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 28.07.2023
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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