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23/00372/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00372/B Applicant : Carwellian Holdings Ltd Proposal : Conversion of existing offices to form two self-contained apartments Site Address : 39 Bucks Road Douglas Isle Of Man IM1 3DE
Planning Officer: Mr Paul Visigah Photo Taken : 12.07.2023 Site Visit : 12.07.2023 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.07.2023 __
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. Prior to the occupation of the development hereby approved, the secure bin/bicycle storage areas shall be provided in accordance with the approved plans and shall be permanently retained thereafter and solely for the purpose of refuse storage.
Reason: In the interests of the appearance of the development and of the amenities of the area and to promote sustainable travel in the interests of reducing pollution and congestion.
This application has been recommended for approval for the following reason. The proposal is considered to bring a new lease of life to a building which is currently being underutilised, with the addition of new bike store and bin storage area, considered to have positive impacts on the property and the surrounding area. The impacts on parking is also considered acceptable considering the property is situated along a public transport corridor, within close proximity to the town centre and easy reach of large parking provisions. The proposal is, therefore, considered to comply with the requirements of Strategic Policies 1 and 11, General Policy 2, Transport Policy 7, and Housing Policy 17 of the Strategic Plan.
Plans/Drawings/Information; This decision relates to the document and plans received 06 April 2023, and additional Plan received 12 July 2023.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is the curtilage of 39 Bucks Road, Douglas, a three-storey end-of-terrace building located on the southwest of Bucks Road, between its junction with Princes Street and Tynwald Street. Access to the floors above the shop on the ground floor is via an entranced door to the front elevation with stairs to the uppers floors. There is a staircase accessed from the rear lane to the property which leads to the first floor of the building.
1.2 The property has two parking spaces accessed from the rear lane via Tynwald Street and Princes Street. The property sits about 50m from a bus stop along Bucks Road, and within close proximity to the Chester Street car park and the Marks & Spencer Drumgold Street Car Park.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Conversion of existing offices to form two self-contained apartments. The Offices which are the subject of the current application are the first and second floor offices within the property.
2.2 The internal configuration of the new apartment on the first floor would be for a two- bedroom apartment with an open plan living room/kitchen and served by a bathroom. This apartment would have a floor area measuring 75.3sqm. This apartment would have access to the staircase at the rear.
2.3 The internal configuration of the new apartment on the second floor would be similar to that on the first as it would provide a two-bedroom apartment with an open plan living room/kitchen and served by a bathroom. This apartment would have a floor area measuring 77.4sqm. This property can only be assessed via the front staircase with access to the main entrance to the property.
2.4 The proposal would provide for cycle storage and a bin storage location at the rear of the site.
2.5 The applicants have provided a cover letter which states the following: o The application is a re-submission of the development of two of the apartments following an appeal decision under PA 22/00445/B which stated that the two apartments would be acceptable. o The offices which are the subject of the application have been empty for four years without interest from new tenants. o The building is in a town centre location and as such does not require car parking provision. However, there is a contract car park to the rear of the building off Circular Road, which would be utilized if any tenant wanted car parking. o The existing car parking is currently utilised by the ground floor shop unit. o Building is on a main bus route and is within walking distance to the main bus station in town. o Cycle storage would be located at the rear.
3.0 PLANNING POLICY 3.1 The site is within an area designated as Predominantly Residential on the Area Plan for the East (map 5 - Douglas Central), and the site is not within a Conservation Area. This site is
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not prone to flood risks. As such, the following polices contained within the Isle of Man Strategic Plan 2016 would be relevant for consideration in the assessment of this proposal.
3.2 Strategic Policy 1 states that development should make the best use of resources by optimising the use of redundant buildings and under-used land and buildings.
3.3 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.
3.4 General Policy 2, which provides an overall requirement for all development, states: "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; (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; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
3.5 Paragraphs 8.13.1 to 8.13.3 of the Strategic Plan 8.13.1 There are in the Island, and particularly in Douglas, many substantial buildings which, because of their size or form, are no longer suitable for the originally intended use as either single dwellings or holiday accommodation, but which are still structurally sound. The Department has for many years encouraged the conversion of such buildings, where appropriate, into flats.
8.13.2 The size, layout, occupancy, etc., of flats are controlled by the Housing (Flats) Regulations 1982. However, all flats should also have a good external environment, characterised by -
(a) a pleasant, clear outlook, particularly from the principal room(s) of the flat and (b) access to external space for the purpose of clothes-drying, refuse storage, car-parking, and general amenity.
8.13.3 Many buildings which are generally suitable for conversion into flats not only have very little space around them, but also have an annex or "outlet" at the rear. The Department may require the demolition, in total or in part, of such "outlets" even where the immediate use of the cleared space may not be possible, for example where more than one rear annex may be needed to be removed to gain access or highway work such as road widening may be required to make the cleared space useful. Such demolition will:
(a) remove accommodation which has a poor environment and limited outlook; (b) permit the creation of parking space; and (c) assist in admitting light and air to the rear of the building proper.
Where such demolition is not so required, the accommodation must generally be organised so that every flat has an outlook from the front of the building, and so that no flat is contained
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entirely within an "outlet". Exception may be made to this general approach where the environment at, and the outlook from, the rear are pleasant and open.
3.6 Housing Policy 17 states: "The conversion of buildings into flats will generally be permitted in residential areas provided that: (a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking; (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and (c) if possible, this involves the creation of parking on-site or as part of an overall traffic management strategy for the area."
3.7 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."
3.7.1 Appendix A.7.6 sets out Parking Standard. For apartments, there should one space for a one-bedroom apartment or two spaces for a two-or-more-bedrooms apartment.
3.7.2 Appendix A.7.6 further states that: These standards can be relaxed under certain circumstances, where development: (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.
3.8 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regard to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
3.9 Infrastructure Policy 5 states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."
4.0 PLANNING HISTORY 4.1 The site has been the subject of the following previous planning application which are considered to be materially relevant to the current application:
4.2 Approval was granted under PA 89/00914/B for Conversion of the first and second floor into offices in October 1989.
4.3 PA 22/00445/B for Conversion of existing offices into 4 self-contained 1 bedroom apartments and 1 studio apartment was refused on 4 August 2022, for the following reason: "1. Three out of five flats have an undesirable outlook. While the intensified usage would not create an unacceptable impact on its neighbouring properties, it is considered that the lack of outlook outweighs the provision of additional housing options. This application is considered to fail to comply with Housing Policy 17 of the Strategic Plan."
4.3.1 The application was then the subject of an appeal where the decision to refuse the application was further upheld on 1 March 2023. The reason for refusal is as follows: "The very poor condition in terms of outlook for future occupiers of three out of the five apartments proposed, means that the scheme does not represent good design, bringing the scheme as a whole into conflict with General Policy 2 and Housing Policy 17 of the Strategic Plan. That harm is not outweighed by other considerations."
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4.3.2 The Inspectors report provides the following basis for the decision: "Planning Balance 35. The very poor outlook for occupiers of three out of the five apartments proposed brings the scheme as a whole into conflict with the relevant development plan policies. In coming to a view on this, I am also mindful that, among other things, the environmental strategic objectives of the Strategic Plan include the encouragement of high quality development throughout the Island, with the Department wishing to promote good design in new development. Moreover, the Spatial Vision Statement set out in the Area Plan for the East seeks, among other things, to maintain and enhance a high quality built environment through careful and sensitive design, with Chapter 6 of the Area Plan confirming that a high quality urban environment contributes to a good quality of life where people come first. Given my findings, there would be conflict too with these aspirations of the development plan.
To be weighed against that harm are the benefits associated with bringing longstanding vacant accommodation back into beneficial use in a sustainable location, at a time when the Island is experiencing an ongoing reduction in household sizes, meaning that more people are looking for smaller accommodation. These are matters to which I attach substantial weight. In the overall planning balance, however, those benefits do not outweigh the identified harm.
The appellant suggested that if only some of the apartments proposed were found to be acceptable, then consideration should be given to a split decision. In my view, however, the units are not readily severable from each other, either physically or functionally. Indeed, a split decision could have implications for the remainder of the floorspace, the use of which could, in turn, have implications for the residential use proposed. Furthermore, a split decision would conflict with the description of development for which permission is sought, as set out on the application form, specifically four self-contained one-bedroom apartments and one studio apartment."
5.0 REPRESENTATION Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they find the development to have no significant negative impact upon highway safety, network functionality and /or parking. They note that the cycle parking is not shown on the proposed site plan. This was due to be positioned at rear of the existing car park spaces under 22/00445/B. A condition or revision to the proposed site plan would provide suitable control to secure such a storage facility containing a semi vertical parking rack to serve for the lifetime of the development (7 April 2023).
5.2 The Department of Infrastructure (DOI) Highways Drainage have stated that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. They advise the applicant to be aware of and demonstrate compliance with the above clauses (16 May 2023).
5.3 Douglas Borough Council has no objection to this application. They however, state that the 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. No refuse bins should be stored on the highway (12 May 2023).
5.4 No comments have been received from neighbouring properties.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the determination of the application are:
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a. The principle of the proposed development (GP2, HP 17, STP 1 & 11); b. Impacts on the character or appearance (GP2); c. The Impacts on the living amenities of the occupants of the proposed apartments (HP 17, GP2 & Paragraphs 8.13.1 to 8.13.3); d. Impacts on the amenities of the neighbouring properties (GP2); and e. Impacts on parking provisions (GP2 & TP7).
6.2 THE PRINCIPLE 6.2.1 In assessing the principle of the proposed development, it is considered that the site is zoned for residential use which implies that the use of part of the site for residential purposes would be compatible with adjoining uses and conform to the general use of the area.
6.2.2 The site is also within the settlement boundary, adjacent to and surrounded by existing residential properties, and would utilise an existing built fabric via conversion to apartments; conditions which would ensure that residential development here broadly aligns with Strategic Policy 1 and 11. Whilst there is no presumption that land that is previously-developed is necessarily suitable for housing development, it is considered that the principle of utilising the site for residential development would be complimentary to the dominant residential use within this part of Douglas.
6.2.3 The proposed apartments would also allow for a maximum of two families within the two apartments which is not excessive in terms of the density they offer, given that the site is close to the town centre where Paragraph 6.5.1 of the Area Plan allows for higher densities. The site is also within an area with relatively high density on the island. Therefore, the increase in density over the existing offices (which have transitional occupancy) would not unduly change the density of the area. Therefore, the proposed land use is considered principally acceptable.
6.3 CHARACTER AND APPEARANCE 6.3.1 With regard to possible impacts on the character or appearance of the area, it is noted that the proposal involves no physical changes to the façade of the building and as such there would be no detrimental visual impacts from the proposal on the appearance of the property.
6.4 RESIDENTIAL AMENITY FOR OCCUPANTS 6.4.1 With regard to residential amenity for the occupants of the two apartments, it is considered that the two apartments would have their primary living spaces on the front elevation of the property with principal windows having clear outlook of the typical roadside residence, which is considered acceptable.
6.4.2 Whilst the bedrooms and bathrooms would have their windows looking over the rear lane which is not particularly pleasant, these are not primary windows. As such, it is not considered that these elements of the proposal would be sufficient to warrant refusal of the application.
6.4.3 Additionally, the apartments are large enough to accommodate a lounge/kitchen, bathroom and bedrooms to serve future occupants with provision for cycle storage and bin storage provided on the ground floor and within the property. Whilst there is no outdoor amenity spaces provided, besides the cycle storage and bin storage provision which would be available to the residents, there is ease of level access to good public open spaces that would provide a degree of respite from the activity in the area, namely Douglas promenade, the beach and other leisure areas off the promenade or Douglas head.
6.5 POTENTIAL IMPACT UPON NEIGHBOURING RESIDENTS 6.5.1 The proposal would not create new fenestrations or introduce new activities within the site with potential to impact on neighbouring amenity. It is considered that none of the
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abutting dwelling would be overlooked on the front elevation of the property. As well, the intensity of use generated by the two apartments would not be considerably higher than the use of the property as offices, although it is noted that office use is limited to normal office operational hours which do not extend into night times.
6.5.2 Notwithstanding the above, and as has been noted earlier, the property is within one of the densest populated areas on the Island, and as such any potential negative impact on the amenities of neighbouring amenities resulting from increased intensity of use (through extended use hours) is considered to be within an acceptable level.
6.6 IMPACTS ON PARKING 6.6.1 In terms of parking provisions, it is considered that there are no parking space allocations for the apartments. However, the site is close to an existing public transport corridor and the Chester Street and Drumgold Street Car Parks. Moreover, the property is within walking distance to the town centre and a variety of amenities, meaning further relaxation of parking standard is acceptable. Combined with the provision of cycling storage, it is considered that the impact on on-street parking is acceptable.
7.0 CONCLUSION 7.1 The proposal is considered to bring a new lease of life to a building which is currently being underutilised, with the addition of new bike store and bin storage area, considered to have positive impacts on the property and the surrounding area and as such the application is supported. The impacts on parking is also considered acceptable considering the property is situated along a public transport corridor, within close proximity to the town centre and easy rick of large parking provisions.
8.0 INTERESTED PERSON STATUS 8.1 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 which 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.
8.2 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.
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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 : Permitted
Date: 14.07.2023
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Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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