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23/00898/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00898/B Applicant : Tracey Bell Proposal : Conversion of garage & store into a 2 bedroom dwelling with an additional storey added to the existing building Site Address : 25A Market Street Douglas Isle Of Man IM1 2PA
Planning Officer: Mr Paul Visigah Photo Taken : 22.08.2023 Site Visit : 22.08.2023 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 29.09.2023 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed development, by virtue of its design, bulk, height, and flat roof finish, would fail to relate positively and appropriately to the character of the locality as it does not take into account a proper analysis of the context of the immediate street scene, and would have a deleterious impact on the surrounding area, and this conflicts with General Policy 2(b and f) and Strategic Policy 3 (b) of the Isle of Man Strategic Plan 2016. The industrial style design and zinc finish of the second floor which would serve to reinforce the function and appearance of the road as a service road, is considered to have a negative impact on this area of the town, and would fail to align with the goals of the Comprehensive Treatment Area 2 - Market Street, within the Area Plan for the East.
R 2. The proposed rear balcony for the new dwelling in terms of its position, height and close proximity would result in an unacceptable level of overlooking into the neighbouring property at No. 8 Mount Pleasant, Douglas, resulting in a significant adverse impact upon the residential amenities of this neighbouring property, contrary to General Policy 2 (g) of the IOM Strategic Plan 2016 and the principles set out in the Residential Design Guide.
R 3. The positioning of the roof garden/terrace which is the primary outdoor provision for the dwelling to the rear and on the second floor, where it would be considerably overlooked by neighbouring properties would result in detrimental impacts on the amenities of future occupiers of the proposed dwelling. These amenity impacts would be contrary to the provisions of General Policy 2 (g & h) and Strategic Policy 1 (b) of the IOM Strategic Plan 2016, and the principles promoted by the Residential Design Guide 2021, as it would not promote a high standard of residential amenity.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 SITE 1.1 The application site comprises 25A Market Street, Douglas which is a two storey terrace building which accommodates garaging at ground floor level and a store at first floor. There is a detached W/C set within its rear yard which is on elevated grounds at first floor level. Access to the rear yard is via a flight of stairs which sits on the boundary of the existing property and its neighbouring workshop/office building situated south.
1.2 The property sits almost at the same height with its neighbouring properties, although it is slightly taller than the neighbouring building at No. 25 which sits directly south. Its flat roof also sits taller than the eaves of the property directly north, but the roof ridge of this property sits higher than its flat roof. The property has its external elevation finished in painted render with all windows UPVC casement windows. A garage door with lights provides access to the garage below.
1.3 The street scene is characterised by workshops/garages/ and office buildings, with most of the buildings in the immediate vicinity having their rear access, parking and service areas backing onto the road. There is no balcony within the immediate vicinity, as the only roof top areas are service/utility areas for existing buildings. The buildings that adjoin the application site have varying heights, although one have a three storey area facing the road save for Nos. 17 -21 which has its front gable facing the road.
2.0 PROPOSAL 2.1 Planning approval is sought for Conversion of garage & store into a 2 bedroom dwelling with an additional storey added to the existing building.
2.2 The proposed dwelling which would be built over the footprint of the existing building and stretching further into the rear yard by 6.2m, with the buildings extent positioned only 1m from the boundary with rear garden of No. 8 Mount Pleasant, Douglas. A second floor would be built over sections of the extended first floor raising the height by 3.1m, making the building about 8.99m tall (from the ground level to the top of its flat roof). The new finished height would be set about 2.7m taller than No. 25, and between 1m to 1.4m taller than the roof ridge of the neighbouring property at No. 29.
2.3 The new dwelling will be laid out such that the garage and Storage/ Utility/Bins/ Recycling areas for the dwelling would be set within the ground floor; a terrace, open plan living/kitchen and dining area, stairs, bedroom, bathroom and courtyard would be on the first floor, while the second floor will serve a roof terrace, a roof garden/terrace, a bedroom with ensuite, and a front terrace that would overlook the street.
2.4 The applicants have indicated on the application form that surface water and foul sewage would be disposed of via the existing systems that serve the site.
3.0 PLANNING POLICIES 3.1 The application site is within the Strand Street - Mixed Use Proposal Area, and the Proposed Comprehensive Treatment Area 2 under the Area Plan for the East 2020, although it is not situated along the primary retail frontage. The application building is not located within a Conservation Area and the site is not prone to flood risks.
3.2 The Area Plan for the East states thus concerning the area: 3.2.1 Mixed Use Area 3 - Strand Street:
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"This area forms the core of the retail shopping area and is characterised by shops, food and drink uses, financial and professional services and other associated town centre uses such as hairdressers, beauticians and so on. The area is currently busy during daytime but quiet in the evening and it is considered that more residential uses would benefit the area and help support the night time economy. The primary shopping frontage is notated by the hatched line on Map 5."
3.2.2 Town Centre - Mixed Use Proposal 3 "There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, Offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."
3.2.3 Comprehensive Treatment Area 2 - Market Street (area is shown on Map 5) "13.8.1 Market Street lies to the rear of Strand Street, the main shopping area of Douglas. The street currently has the function and appearance of a service road which is considered to have a negative impact on this area of the town. With imagination, this impact could be reversed and the street could become more appealing to shoppers and visitors alike. The completion of a new hotel in this location will be beneficial and the investment this represents should be capitalised upon. The Central Douglas Masterplan recognises that the area could provide further retail opportunities and increased floorspace. Re-development could enable improved links between Strand Street and Upper Douglas which would assist with footfall. The Chester Street car park performs an important function serving this part of town, but would benefit from enhancement. The Market Street CTA is also a strategic freight corridor and maintaining access for commercial vehicles, including HGV's, must be considered in any proposed development."
3.2.4 CTA Proposal 2 - Market Street (Treatment Plan) "Development of this area for retail and ancillary uses would be appropriate. Any development should be carried out in accordance with an improvement scheme involving land and property owners and Government and should include highway improvements, both pedestrian and vehicular. Public parking should continue to be provided in the form of a multi-storey, however continuation of surface level car parking is not seen as appropriate."
3.2.5 Appendix 2: Recommendations set out in the Retail Study 2009 "4. The majority of any new floorspace should be distributed primarily to town centre or edge-of- centre locations in Douglas - for example, Strand Street and the existing shopping core and Douglas Quayside."
3.3 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:
3.3.1 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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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
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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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (n) is designed having due regard to best practice in reducing energy consumption."
3.3.2 Paragraph 8.12.1: "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general".
3.3.3 Housing Policy 4 (In part): "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans".
3.3.4 Strategic Policy 10: 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
3.3.5 Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services
3.3.6 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.
3.3.7 Strategic Policy 3 and Environment Policy 42 both focus on the visual design of developments, and state that the design of new development should take account of the local materials, character and identity of its immediate locality, including landscape features.
3.3.8 Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.
3.3.9 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."
3.3.9.1 Appendix A.7.6 states typical residential dwelling should have "2 spaces for 2 or more bedrooms".
3.3.9.2 Appendix A.7.1: "High levels of car ownership have led to an increase in the level of parking expected for residential development, and outside of town centre locations, these standards should not be relaxed. New-built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling ... the Department will consider reducing this requirement having regard to:
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(a) the location of the housing relative to public transport, employment, and public amenities; (b) the size of the dwelling; (d) the impact on the character and appearance of the surrounding area."
3.4 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10.
3.5 STRATEGIC OBJECTIVES 3.5.1 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"."
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, 4.1 General Considerations (Householder Extensions) particularly Paragraph 4.1.5, 4.7 on Flat Roof Extensions, 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 associated with this site 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, subject to the garage door conditioned to not overhang or swing at any point onto the public highway when opened (11 August 2023).
6.2 Douglas Borough Council Consultation Comments: 6.2.1 Comments received 18 August 2023: o They request that the applicant clearly show where the bin and recycling storage area will be. o They note that as the proposed is to create a dwelling above the garage this will create an amount of waste and recycling materials and as such the applicant will need to provide storage space within the curtilage of the property that is easily accessible for collection purposes. o They state that this part of the town does have issues in relation to the storage of bins on pavements and although in principle they do support the bringing back into use of an unused property, they still need to ensure that the development will not have a negative impact on the street scene or lead to an increased amount of bins being kept on the pavement.
6.2.2 Comments received 25 September 2023: o They have had sight of the proposed bin storage within the utilities area inside the garage, and note that there appears to be adequate space available within the garage for a 240ltr waste bin and recycling boxes.
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o They note that they do not object to this proposed development on the condition that the bin and recycling boxes must not be left outside the property other than for collection only and must be stored within the garage at all other times.
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of the application are: a. The principle of the proposed development; b. The Impacts on the character and appearance of the area; c. The impacts on the amenity of local residents; d. Highway safety and Parking; and e. Whether the dwelling has adequate amenities in itself.
7.2 THE PRINCIPLE OF DEVELOPMENT (SP 1, GP 2, & HP4, & Town Centre - Mixed Use Proposal 3 - TAPE) 7.2.1 In assessing the acceptability of the principle of the proposed development, it is considered that the site lies within an area designated as Mixed Use, and within the defined settlement boundary, whilst also conforming to the acceptable uses of the area as detailed within Town Centre - Mixed Use Proposal 3 of the Area Plan for the East.
7.2.2 It is also relevant that the Isle of Man Strategic Plan 2016 seeks to locate new housing close to existing public transport facilities and routes, or where public transport facilities are, or can be improved, thereby reducing the need to use private cars and encouraging alternative means of transport, and it is considered that the site would meet this goal given its proximity to existing routes and employment opportunities within Douglas. While this does not signify a presumption in favour for all forms of housing development, it points to the fact the proposal would generally accord with the Strategic Plan goals for new housing on the Island.
7.2.3 Furthermore, the Area Plan for the East seeks to re-integrate residential uses to the area in order to help support the night time economy, whilst also extending the variety of activities within the town centre. There is also support within the Strategic Plan for optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings. Therefore, it is considered that there is no objection to the principle of development based on zoning principles only.
7.2.4 Conversely, the scheme by converting the garage for residential vehicle use and not introducing a retail space on the ground floor, or retaining the garage as a commercial space which could serve a variety of uses as is the case for the adjoining buildings, would fail to comply with the goals of Town Centre - Mixed Use Proposal 3 of the Area Plan for the East which seeks to retain retail spaces on the ground floor whilst encouraging the conversion of upper floors for residential and other complimentary uses, given that active frontages are essential to sustain an attractive town centre; and this weighs against the proposal.
It is, however, worth noting that the factors highlighted above do not in any way denote automatic approval for residential use of the site, given that the development of the site would have to be appropriate for the existing site character, character of locality and not result in adverse impacts on other attributes of the site, such as biodiversity, access and highway issues, drainage, flood potential and/or neighbouring amenity. Therefore, it still remains necessary to assess the proposed development against other relevant planning policies and the physical constraints of the application site.
7.3 Impact on the character and appearance of the area (GP2, SP 3 (b), & EP 42) 7.3.1 In terms of any impact on the area, the decision to extend to the rear of the first floor and over this storage space to form a new dwelling on the site is considered to be unobjectionable; however there are concerns about the massing of the proposed development and relationship with neighbouring properties, and street scene, as set out below.
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7.3.2 Firstly, due to its mass, height and design, the building would stand out and be particularly noticeable when viewed from the street scene which comprises mainly single and two storey pitch roofed buildings. Whilst the modern design and finishing would improve the appearance of the site, with the layout of the site offering some appeal than the otherwise bland and unappealing site in its current context, the industrial style design and finishing, although contemporary, reinforces the function and appearance of the street scene as a service road; a feature that has been considered to have a negative impact on this area of the town (See Paragraph 13.8.1 of the Area Plan for the East).
7.3.3 Similarly, the flat roof design and chamfered (angled) wall design for the second floor which would be prominent when viewed from the immediate street scene due to the increased building height by 3.1m would cause the building to stand out uncharacteristically, as it would introduce a roof feature and material finish that is alien to the immediate locality. It should be noted that pitch roof designs or flat roofs with parapets which offer spaces for services are the common roof features of properties in the area. This element of the design would serve to accentuate the height of the building, disrupting the pattern of roof scape in the immediate vicinity.
7.3.4 Whilst it could be argued that the existing building has a flat roof and as such the new flat roof design should be acceptable, it is not considered that the existing bland flat roof design contributes positively to the character of the street scene. Thus, re-establishing this flat roof design, whilst introducing prominent glazed balconies/terraces where none exists (even for the residential properties in the area) is not considered to offer an improved appearance over the existing situation. Besides, the dominant roof design on this side of Market Street is the pitched roof, and as such creating a raised flat roof where they would be prominent and dominant within the street scene is not considered to be a fitting addition to the street scene.
7.3.5 It has also been considered that there is no uniform height for the properties on this part of Market Street. Yet, the increased height of the building by 3.1m would be significant, thus disrupting the relationship between the buildings here, and the continuation of the flat roof design at an increased height of 3.1m is considered to be uncomplimentary, given its final appearance and material finish in zinc cladding which is non-existent in the immediate vicinity, even though it offers a unique contemporary appearance with its glazed balcony and full height windows on the front elevation.
7.3.4 Based on the foregoing, it is considered that although the design of the building would incorporate modern elements which should improve the appearance of the street scene, it is not considered that the raised flat roof design and zinc finish would acceptable when judged within the context of the immediate street scene and locality.
7.4 Impact on neighbouring dwellings (GP 2 and RDG 2021) 7.4.1 With regard to possible impacts on neighbouring dwellings, it is considered that the key concern lies with potential for overlooking concerns, particularly with regard to the neighbouring residential property at No. 8 Mount Pleasant, Douglas. The scheme as proposed would create a stairway and roof garden/terrace at the rear which would afford overlooking views over the rear yard of 8 Mount Pleasant, with the proximity of the terrace at a distance less than 7m also affording views into habitable rooms (bedrooms, and dining room) at the neighbouring property. This impact would be particularly significant for the ground floor and first floor windows at the rear of this neighbouring property.
7.4.2 Overall, it is considered that the proposal would cause significant harm to the living conditions of the occupants of No. 8 Mount Pleasant, Douglas, by resulting in significant levels of overlooking from the second floor roof garden/terrace and stairway, particularly for the windows on the ground floor and first floor, and rear yard, thus conflicting with the intentions of General Policy 2 (g) of the Strategic Plan, and the principles promoted by the Residential Design Guide.
7.5 Parking and access (GP 2 & TP 7)
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7.5.1 The proposal makes provision for the parking of a vehicle within the attached garage, accessed via the highway. Whilst this would be below the acceptable standard for a two bedroom dwelling, the site is within close proximity to primary public transportation links within Douglas, and Marks & Spencer Drumgold Street Car Park. It is also important to note that there are also local services and employment opportunities within close proximity to the site to encourage pedestrian movement amongst the above. Therefore, it is considered that the proposed complies with the provisions within the strategic plan in Appendix 7 and Transport Policy 7.
7.5.2 As well, the site layout is such that there are no turning spaces within the site so vehicles would have to back out onto the rear highway or reverse before backing into the garage; a condition that is likely to be detrimental to highway safety. However, the speeds along the adjoining highway is low and as such it is not considered that this would be unacceptable.
7.5.3 Besides, Highway Services have assessed the proposal and find it to have no significant negative impact upon highway safety, network functionality and /or parking, and raise no objection to the proposal subject to the garage door conditioned to not overhang or swing at any point onto the public highway when opened. Therefore, it is considered that this element of the scheme complies with the requirements of the aforementioned policies.
7.6 The amenities of those in the proposed dwelling 7.6.1 With regard to the provisions for the amenities of future occupants of the proposed dwelling, it is noted that there would be no garden space provision as with the other properties here, although the proposed terrace would offer some outdoor respite for future occupants. However, this space would be considerably overlooked by the first and second floor windows on the rear elevation of No. 8 Mount Pleasant, Douglas, which would considerably diminish the utility of the outdoor space and make it almost unusable, and as such this weighs against the proposal as it conflicts with GP2 (b, c, & h) of the Strategic Plan.
7.6.2 There is, however, ease of level access to good public open space that would provide an added degree of amenity provision in the area, namely Douglas promenade and the beach and other leisure areas off the promenade. Therefore, it is considered that the assessment of impacts on the amenities of future occupants is finely balanced.
7.6.3 Furthermore, the outlook from the principle rooms would be at the front and over the commercial car park opposite which could not be a seen as a clear and pleasant outlook from a residential property.
8.0 CONCLUSION 8.1 Overall, although the design is contemporary, the industrial style design and finish of the scheme which would serve to reinforce the function and appearance of the road as a service road, which is considered to have a negative impact on this area of the town, would fail to align with the principles of the Comprehensive Treatment Area 2 - Market Street, within the Area Plan for the East. As well, the dominant flat roof design which emphasises the zinc roof finish would be averse to the character and appearance of the immediate locality failing the provisions of General Policy 2 (c & g) and Strategic Policy 3 (b) of the Strategic Plan.
8.2 The proposal would also result in harm to the amenity of adjacent properties to unacceptable levels, as the scheme would create unsatisfactory living conditions for those living in the adjacent property at 8 Mount Pleasant, Douglas, and result in adverse visual impacts on the appearance of the immediate street scene contra. The positioning of the rear terrace which is the main outdoor provision for the dwelling, which would be considerably overlooked would also result in detrimental impacts on the amenities of future occupiers of the proposed dwelling. These amenity impacts would be contrary to the provisions of General Policy 2 (g & h), and the principles promoted by the Residential Design Guide 2021.
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8.3 Equally, the proposal would fail to reintroduce a retail frontage, a key feature sought by the Area Plan for the East which seeks to revitalise the area as part of the Town Centre - Mixed Use Area, and as such fails Town Centre - Mixed Use Proposal 3 of the Area Plan for the East.
8.4 The acceptable highway safety impacts, and the layout of the scheme which would provide an appropriate level of accommodation and internal amenity for a two bedroom dwelling weigh in favour of the proposal. However, it is not considered that these positives would outweigh the adverse impacts. 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 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 : Refused Date: 02.10.2023
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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