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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00339/B Applicant : Miss Sommain Nantakoon Proposal : Proposed Change of Use from commercial warehouse to mixed use of residential and place of worship, to include external changes for additional doors/windows. Site Address : Canberra House 13 Princes Street Douglas Isle Of Man IM1 1BB
Planning Officer: Mr Paul Visigah Photo Taken : 04.07.2023 Site Visit : 04.07.2023 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 06.07.2023 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The new residential accommodation which is proposed as part of the development would have an unacceptable standard of amenity by virtue of the fact that the proposal would result in a living accommodation with no pleasant or clear outlook for future occupants when using the primary rooms, and there would be a lack of an acceptable amenity provision within two of the bedrooms. Accordingly, the proposal would be contrary to General Policy 2 (h) which requires new development to provide satisfactory amenity standards in itself, and the Strategic Objectives of the Strategic Plan which promotes high standards of residential amenity in new developments.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
2 Sydney Mount, Douglas; and 15 Princes Street, Douglas,
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as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
1.1 The application site represents the curtilage of 'Canberra House', 13 Princes Street, Douglas, which is an existing two storey end terraced property situated on the eastern side of Princes Street. The side and rear elevation of the property also sits on Princess Street Lane which links the property with the rear of the properties on Princes Street and Circular Road.
1.2 The property has its external elevations finished in a blend of Manx stone and painted render, with Manx stone forming the dominant external finish of the property. The dominant window type on the property are single pane UPVC casement windows, although two double pane casement windows sit on the front elevation. Access into the building is via a pedestrian access door on the front elevation and a large roller shutter door on the side. The property sits within a wider urban housing area within Douglas.
1.3 The property is located within close proximity to offices and other commercial services within Douglas town centre, while the immediate locality is characterised by a number of terraced houses. Chester Street Car Park and the Drumgold Street Car Park (at M&S) are within walking distance to this site. There are also a few bus stops that are within a 5-minute walking distance to the property.
2.0 PROPOSAL 2.1 Planning approval is sought for Change of Use from commercial warehouse to mixed use of residential and place of worship, to include external changes for additional doors/windows.
2.2 The proposal would integrate: 2.2.1 Conversion of part of the building for use as a Buddhist place of worship. This will utilize the large double height section of the workshop which has direct access to the roller shutter door which would be replaced by new double doors as the main worship hall. There would be internal alterations to isolate this section of the building, whilst creating access to a social lounge area, disabled toilets, and a store on the ground floor of the building.
2.2.2 Conversion of part of the ground floor area and upper floor to create a four bedroom dwelling with lounge and kitchen area on the ground floor, while the upper floor would house four bedrooms with ensuite. The main entrance to the residential property would be via a new door created on the rear elevation of the property with access to Princes Street lane. There would be another door linking the residential accommodation to the main worship area.
2.3 The external works on the property would include: a. Creating a new fire exit for the place of worship onto Princes Street Lane. b. Altering the existing window on this elevation and creating a main entrance to the residential property from Princes Street Lane. c. Removing the large green roller shutter door and replacing it with a new timber double door, with surrounding opening built up with a wall, and finished in smooth render with colour to match existing rendered section of property. d. Creating a new window fenestration with new window installed to provide natural light and ventilation to lounge area.
2.4 The applicants have provided a Planning Statement which details the following:
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a. This proposal is for a change of use from an existing commercial warehouse property, previously used for a cleaning services, to mixed use, as residential (single unit dwelling), to include a place of worship open to the public to part of the ground floor.
b. To allow for this in terms of fire regulations and to make the space work, the external changes proposed are two additional doors / fire escape doors to the rear of the property and an additional window for natural light and ventilation.
c. The residential space will have its own entrance at the rear. The remainder of the property will be for the place of worship. Traditionally such spaces would not only serve as a place of worship, but also for somewhere the Father would eat and sleep, which is the particular reason for the required residential space as part of this proposal.
d. There is sufficient public parking in the area, however the Father himself does not own a car and it is expected that members of the public will congregate on foot. This will be a quiet space for the local community.
e. The expected occupancy for members of the public to visit the place of worship is only approximately 40 to 50 people throughout the day. It is proposed for this to be open 7 days a week, from 9am until early evening.
f. Currently, there is only one place on the island of such religion and that space is in rented accommodation and only temporary. The current proposal is for something more permanent, and this would be an ideal location for the community.
3.0 PLANNING POLICIES 3.1 The application site is within an area recognised as being within "predominately residential use" under the Area Plan for the East (Map 5 - Douglas Central), and the site is not within a Conservation Area. The site is not prone to flood risks.
3.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
3.2.1 Strategic Policy 1 states that development should optimise the use of redundant buildings.
3.2.2 Strategic Policy 2 states new development will be located primarily within our existing towns and villages.
3.2.3 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement"
3.2.4 General Policy 2 states (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; (g) does not affect adversely the amenity of local residents or the character of the locality
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(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."
3.2.5 Community Policy 2 states: "New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings."
3.2.6 Community Policy 7: The design of new development and the extension and refurbishment of existing buildings and development must, as far as is reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour.
3.2.7 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7."
3.2.7.1 Appendix 7.6 states: o For assembly and leisure (includes cinemas, meeting halls, swimming baths, leisure centres, and the conference and leisure facilities of hotels) - 1 space per 15 square metres gross floor space. o Residential Terraces - 2 spaces per unit, if not within curtilage then located as close to units as possible without compromising residential amenity. Parking spaces should not be provided in front of the dwellings where this would result in a poor outlook for residents and would detract from the amenity of the area.
3.2.7.2 Appendix 7.6 also states: "These standards may be relaxed where development: (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (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."
3.2.8 Strategic Policy 11: The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026.
3.2.9 STRATEGIC OBJECTIVES 3.2.9.1 Paragraph 3.6: Social "(a) To provide for sufficient housing of an acceptable standard and of an appropriate nature and in appropriate locations to meet the needs of the community (including special needs). (b) To promote high standards of residential amenity in new development and to provide a physically safe environment for all communities. (c) To promote improved access to buildings, spaces and services for less able people. (d) To promote community safety and security within new development, regeneration and refurbishment schemes by encouraging the adoption of the principles of "Designing Out Crime"."
3.3 Other policies within the Strategic Plan which are vital for consideration are; Infrastructure Policy 5 and Community Policy 7.
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4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 3.7 on Housing and Flat Standards, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.
5.0 PLANNING HISTORY 5.1 There are no previous planning applications at the site or immediate locality which are considered relevant in the assessment and determination of this application.
6.0 REPRESENTATIONS 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 find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider installing cycle parking storage to aid Active Travel objectives in lieu of loss of on-site provision on the ground floor and given the control of on-street car parking, including a disc zone that is oversubscribed (7 April 2023). 6.2 Douglas Borough Council have not made any comments on the application, although they were consulted on 31 March 2023.
6.3 The owners/occupiers of the following properties have made written representations on the application: 6.3.1 2 Sydney Mount, Douglas (21 April 2023). They object to the application on following grounds: o There is insufficient parking in the area; o The change of use will result in a considerable increase in the number of people using Princes Street and lane, which will increase congestion in a narrow road and lane. o The additional accommodation will add to the parking difficulties in the area. o The extent of residential accommodation is excessive for the stated use and is likely to be used for other purposes, and not just for the accommodation for one priest.
6.3.2 15 Princes Street, Douglas (27 April 2023). They object to the application on following grounds: o Impact on parking due to number of people visiting the site from various parts of the island. o Concerns with noise impact to adjacent buildings. o Potential for nuisance to surrounding properties in the evenings from people attending both for worship and part of the residential area. o Potential to increase traffic congestion in area.
7.0 ASSESSMENT 7.1 The key issues to consider in the assessment of this application are: a. The principle of the development; b. The impact on the character and appearance of the existing building and locality; c. Impact on the neighbouring properties; d. Impacts on Parking and Highway Safety; and e. The amenities for future occupants of the residential accommodation.
7.2 PRINCIPLE OF THE DEVELOPMENT (STP 1, 2 & 10, CP2, & GP2)
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7.2.1 In assessing the principle of the proposed development, it is considered that the building is situated within a predominantly residential area and within close proximity to existing offices, commercial buildings, and the Court, where its part use as a place of worship is not considered to conflict with extent policies within the Strategic Plan, particularly Community Policy 2 which requires community facilities to be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings.
7.2.2 It is also important to note that the change of use from commercial warehouse property, previously used for a cleaning services, to mixed use incorporating a community facility and residential use, integrates uses that are not conflicting with each other, as community facilities can co-exist with residential uses, particularly where the occupant provides services to the community centre as is the current case where it would house the priest. The internal alterations of the building are also capable of accommodating a medium sized community gathering, as well as the intended residential use.
7.2.3 Another factor that weighs in favour of the proposal is the requirement in Strategic Policy 1 that developments optimise the use of previously developed land and ensure efficient use of sites (taking into account the needs for access, landscaping, open space and amenity) and that development should be located to make best use of planned and existing infrastructure, facilities and services; conditions which the proposed development would achieve given the site's proximity to the Douglas town centre and related amenities which would make it sustainable from the point of view of a mixed use development. Besides, the proposed development would ensure the continuous use of a building which is currently underused, and help limit the process of decline for the site by providing a platform for productive use in line with Strategic Objective 3.3 (B & f) of the Strategic Plan.
7.2.4 The above is, however, not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the proposed mixed use development is appropriate for the site, which includes consideration of the impact of the proposed use on the site and surrounding area.
7.3 VISUAL IMPACTS (GP2) 7.3.1 With regard to the impact of the proposal on the existing building, it is considered that the existing building does not have a significant architectural interest, albeit it does not appear unattractive within the street scene and arguable sits quietly within the street scene with its dominant Manx stone finish offering a positive contrast to the character of the locality. The fact that the proposal would include new fenestrations and other alterations to the external façade are noted. However, it is not considered that the design, scale and form of the changes would adversely alter the external appearance of the building, given that the new windows and doors, as well as the new rendered sections would be in keeping with the existing building on site. As such, it is considered that this element of the proposal is acceptable.
7.3.2 In terms of impacts on the character of the locality, it is considered that the design, form, scale and finish of the proposed external alterations would not be at variance with the dominant character of the existing building and locality. The finishes of the building also take reference to the variety of styles and finishes in the immediately street scene.
7.3.3 Overall, the proposed alterations would tie in with the main building, and character of street scene; thus conforming to GP 2(b, c, and g).
7.4 NEIGHBOURING AMENITY (GP2 & CP7) 7.4.1 The key concern here, with regard to impacts on neighbouring amenity lies on the impacts on the surroundings, in terms of impact generated by the different usage, prayers and meetings which are not the typical sources of noise for predominantly residential locality. Whilst the applicants have not provided any submissions that seek to address these issues, it is
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not uncommon for community centres which sit close to residential properties to generate some form of noise. Notwithstanding, it is not considered that any noise generated would be at a level that would warrant refusal of the scheme, particularly as the Strategic plan places preference on having such uses within close proximity to the local population.
7.4.2 In terms of the potential for increase in anti-social behaviour resulting from the part change of use to a community centre (place of worship), it is not considered that this element of the change would impact on the wider area, nor would it conflict with adjacent uses on the street and broader locality. This is hinged on the fact that use as community centre is not restricted to minors or teenagers which are more associated with antisocial behaviour as adults also partake in the worship activities and would form the core of visitors to this building. It is vital to note that a number of the children/teenagers coming to the centre may be accompanied by their parents/guardians, and this would serve to provide some level of supervision to the visitors to the site. Besides, there are controls within other legislation outside planning to manage issues related to antisocial behaviour should they arise. Based on the foregoing, it would be misleading to conclude that the proposed use would result in increase in antisocial behaviour.
7.5 PARKING AND HIGHWAY SAFETY (GP2 AND TP7) 7.5.1 In terms of possible impacts on parking and highway safety, it is considered that the proposed development is situated within a commercial building where it is expected that there would be a high turnover of visitors with its attendant parking requirements or pick up and drop offs along the adjoining highway, should the use as cleaning services be re-established and open to members of the public. Whilst there is no parking provision for the property, the site is situated close to a public transport corridor where visitors can rely sufficiently on public transport to visit the centre, with a bus stop only situated less than 100m form the property. As well, the site is within close proximity to the Marks & Spencer Drumgold Street car park, and the Chester Street Car Park. As such, it is not considered that the lack of parking provision weighs significantly against the proposal.
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 are minimal concerns in terms of highway safety, network functionality and parking.
7.5.3 As such, it is not considered that there would be any concerns with regard to parking and highway safety resulting from the proposed mixed use development.
7.6 AMENITY FOR FUTURE OCCUPANTS (GP 2 and Paragraph 3.6, and RDG 2021) 7.6.1 The internal accommodation of the proposed residential accommodation consists of a lounge, kitchen on the ground floor, while the first floor accommodates four bedrooms with ensuite, with the space allocation within the internal space provisions considered to be of an acceptable size. However, all primary rooms would not have adequate level of outlook and light, as the only window to the lounge would be at an elevated position such that it would offer no outlook from the lounge over the rear lane to the rear, which on its part does not offer a clear pleasant outlook. It is also worth noting that the only source of light to the kitchen would be artificial as there is no external window serving the kitchen. Likewise, outlook from the rear bedroom would be over the rear lane which is dominated by blank walls and services, and the views from the rear lane is not particularly bright as evidenced during the site visit carried out on 4 July 2023, due to the proximity and height of the buildings along the rear lane.
7.6.2 Additionally, two of the middle bedrooms would have full height windows looking into and over the main worship area, which would be used for most parts of the day, seven days a week. These rooms do not have any windows that offer any form of outlook to the external environment. It would be vital to note here that only the window on the front elevation offers a clear, pleasant outlook over the street scene along Princes Street. Therefore, it is considered that although the size of the spaces would be appropriate, the level of outlook into the primary
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windows would not be appropriate. As such, it is not considered that appropriate amenity provision can be provided as required by General Policy 2 (h).
7.6.3 Another factor which weighs against the scheme is the fact that the kitchen would rely only on artificial lighting and would not benefit from solar gain, which implies that artificial heating and lighting would have to be relied upon for most parts of the year; a condition that would be averse to the requirements of General Policy 2 (n) which requires that new development should have due regard to best practice in reducing energy consumption.
7.6.4 It has also been considered that there is no provision for outdoor amenity space within the scheme, albeit, there is ease of level access to good public open space that would provide a degree of respite from the activity in the area, the beach and other leisure areas off the promenade which are within a 500m radius from the application site. All clothes drying and storage will, therefore, have to be provided within the building, which is not uncommon in town centre locations or properties situated close to the town centre, since there are no outdoor spaces. Additionally, no details has been indicated for the bin storage provision for the proposed development, although it is considered that the existing bin storage which serves the existing use would be accessible for use by the development.
7.2.3 Overall, whilst the internal space provisions for the residential accommodation would be adequate for a four bedroom dwelling, it is considered that the quality of the internal spaces would be very poor as there would be no pleasant clear outlook from the primary rooms, save the bedroom on the front elevation. The proposal is, therefore, considered to be contrary to GP 2 (h & n), in terms of amenity of future occupiers.
8.0 CONCLUSION 8.1 Overall, it is concluded that although the scheme has positive elements as the internal spaces would be adequate for the community centre and residential accommodation, with the uses considered to be compatible with the site and surrounding area, and as visual impacts, impacts on neighbours would be acceptable, the residential element of the proposal would fail to provide the required outlook from most parts of the residential accommodation, including primary windows. As such, the proposal is considered to be contrary to the requirements of General Policy 2 and Paragraph 3.6 of the Strategic Plan, and the principles promoted by the Residential Design Guide. The application is, therefore, recommended for refusal on these grounds.
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 in Article 4(2) who should be given Interested Person Status.
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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 : Refused Date: 28.07.2023
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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