DEC Officer Report

Application No.: 23/00901/B Applicant: Arragon Jaguars Ltd Proposal: Conversion of four existing apartments into five apartments, installation of roof light and replacement doors Site Address: 26 Derby Road Douglas Isle Of Man IM2 3ET Planning Officer: Mr Paul Visigah Photo Taken: 18.10.2023 Site Visit: 12.09.2023 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 18.10.2023 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R . On balance, it is considered that although the intensified usage of the site would not create an unacceptable impact on neighbouring properties, or parking/highway safety, with the scheme also having acceptable impacts on the character and appearance of the site and Conservation Area, the apartment to the rear would not have a pleasant clear outlook from the principal room. It is, therefore, considered that the lack of outlook outweighs the provision of additional housing options. Thus, the proposal is considered contrary to the provisions of Housing Policy 17 and General Policy 2 (h) of the Strategic Plan.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of 26 Derby Road, Douglas, which is a three storey mid-terrace property with a two storey rear outrigger accessed via a rear lane that connects Melbourne Street and Falcon Street. The property sits at the northern side of Derby Road and within close proximity to the junction between Derby Road and Melbourne Street. - 1.2 The property itself currently houses four self-contained flats on the ground, first, second and third floors, with the existing ground floor rear outrigger currently serving as part

• of the apartment on the ground floor. The first floor rear outrigger is currently not used as part of the existing apartments.
• 1.3 There is a parking provision at the rear of the property accessed via the rear lane.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for Conversion of four existing apartments into five apartments, installation of roof light and replacement doors. - 2.2 The internal layout of the ground and first floor of the building would be altered to enable the creation of three apartments from the two existing apartments on these floors. The second and third floors would remain unchanged. - 2.3 The internal re-configuration would allow for a bedroom apartment and part of a two bedroom on the ground floor (rear outrigger). The first apartment would have an open plan living room/dining/kitchen and be served by a bathroom. This apartment would have access to the main entrance. The rear outrigger on the ground floor would serve a bathroom, two bedrooms (one with ensuite), and a spiral staircase to connect to the upper floor of the apartment on the first floor. - 2.4 The internal configuration of the first floor area would have a slightly varied layout from the ground floor. It would provide a one-bedroom apartment with an open plan living room/dining area, a kitchen, and served by a bathroom in front. This apartment can be assessed via the front staircase to the main entrance to the property and the rear staircase. The rear outrigger would serve a lobby, open plan kitchen/dining/living area and staircase connecting to the lower section which houses the two bedrooms, bathroom and ensuite.

2.4 The proposal would provide for cycle storage and a bin storage location at the rear of the site, accessed via the rear lane. Details of the cycle storage have not been provided, although it is indicated that it would have a foot print measuring 2.1m x 2.1m, which would replace the existing parking provision on site. - 2.5 Also proposed within the scheme are:

• a. The installation of a new Velux rooflight over the roof of the rear outrigger to serve the open plan living/ding/kitchen area for the new apartment created at the rear.
• b. Replacement of existing doors on the west elevation of the rear outrigger with new doors.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated as predominantly residential on Area Plan for the East, and the site is within the Windsor Road Conservation Area. This site is 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 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." - 3.10 As the property is situated within a Conservation Area, Environment Policies 34 and 35 would be relevant.

• 3.10.1 Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings.
• 3.10.2 Environment 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."

- 4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 TOWN AND COUNTRY PLANNING ACT 1999

• 4.1.1 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".
• 4.1.2 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.

4.2 Planning Policy Statement 1/01

• 4.2.1 "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".

4.3 Residential Design Guide 2021

• 4.3.1 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, 3.1 on Local Distinctiveness, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.

5.0 PLANNING HISTORY - 5.1 The application site has been the subject of three previous planning applications which are considered relevant in the assessment and determination of the current application. - 5.2 An application for Conversion of existing dwelling to 4 permanent flats under PA 91/00476/B was refused by the Planning Committee in July 1991. - 5.3 Another application for Conversion of dwelling into 4 self-contained flats under 91/00693/B was also refused on Review in August 1991. - 5.4 PA 91/01040/B for Conversion of holiday accommodation into 4 permanent flats was approved at the property in October 1991. The existing property currently exists as four apartment which the current scheme seeks to alter.

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 development to have no significant negative impact upon highway safety, network functionality and /or parking, as the proposals are in a sustainable location and parking on-street is controlled by TRO. The Applicant is advised to consider installing cycle parking for residents in an enclosed and secure storage facility to aid Active Travel (11 August 2023). - 6.2 Douglas Borough Council has no objection to this application provided that the proposed development does not have any negative effect on bin and recycling storage within the curtilage of the property. They note that the planning case officer may wish to give careful consideration to the "outlook" from the primary windows within the proposed development. They accept that it is not always possible to provide a pleasant outlook within a property conversion and that there needs to be a balance between bringing a vacant property back into use and improving its existing condition to one that will benefit the whole neighbourhood but

at the same time ask that outlook is given consideration by the planning case officer.

6.3 No comments have been received from neighbouring properties.

7.0 ASSESSMENT - 7.1 The fundamental issues to consider in the determination of the application are:

• i. Impacts on the character or appearance (GP2);
• ii. The Impacts on the living amenities of the occupants of the proposed apartments (HP 17, GP2 & Paragraphs 8.13.1 to 8.13.3);
• iii. Impacts on the amenities of the neighbouring properties (GP2); and
• iv. Impacts on parking provisions (GP2 & TP7).

- 7.2 CHARACTER AND APPEARANCE (STP 4, EP 35, PPS 101)

• 7.2.1 With regard to possible impacts on the character or appearance of the Conservation area, it is noted that the proposal involves only minor physical changes to the façade of the building via the replacement of two doors on the west elevation of the rear outrigger, and installation of heritage style roof light on the roof of the rear outrigger, which would not readily visible from any of the nearby major thoroughfare as they would be contained within the rear yard where views would be limited.

• 7.2.2 It is also considered that the principal elevations of the dwelling would be preserved, with the proposed works to create an additional apartment ensuring that more income is generated via rentals to support the maintenance of the application property so that it does not fall into a state of disrepair. For that reason, it is considered that the scheme 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.
• 7.2.3 Whilst it is noted that there would be views to the proposed works at the rear from the rear lane, the works on the rear elevation of the property is considered to have minimal impacts on the existing property and Conservation Area, given its location at the rear of the property which is not considered to be a particularly important viewpoint or a key contributor to the character and appearance of the Conservation Area. Besides, the proposed would replace non-traditional doors and the rooflight would be appropriate for a Conservation Area, thus preserving the character and appearance of the dwelling and Conservation Area.

7.3 RESIDENTIAL AMENITY FOR FUTURE OCCUPANTS (HP 17, Paragraphs 8.13.2 to 8.13.3 & GP 2)

• 7.3.1 With regard to residential amenity for the occupants of the three 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. 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.
• 7.3.2 Additionally, the apartments on the front are large enough to accommodate a lounge/kitchen, bathroom and a bedroom 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 Derby Square, Woodbourne Square Gardens, Hillary Park, Douglas promenade, the beach and other leisure areas off the promenade.
• 7.3.3 With regard to the apartment formed within the two storey rear outrigger, it is considered that the new apartment which would have all its windows situated to the rear (rear yard and rear lane), would have its principal outlook from the primary window overlooking the rear ally. Whilst this view is not obstructed (as there is no wall enclosing the rear yard), it is relatively unsightly when compared to the outlook of the front elevation flats, with the main views overlooking bins, bland walls, and a narrow lane that offers no appeal. This would result in the creation of a new apartment which has a poor environment and very limited outlook. Thus, it is considered that this element of the proposal would be at variance with Housing Policy 17 (b) and Paragraphs 8.13.2 (a) of the Strategic Plan.
• 7.4 POTENTIAL IMPACT UPON NEIGHBOURING RESIDENTS (GP 2 & RDG 2021)

• 7.4.1 With regard to impacts on neighbouring amenity, it is considered that the proposal would not create new fenestrations on the building's façade or introduce new activities within the site with potential to impact on neighbouring amenity. It is also considered that none of the abutting dwelling would be overlooked by the new rooflight, given the nature of the roof slope and the position of the rooflight within the roof plane.
• 7.4.2 It has been considered that the intensity of use generated by the additional apartment, which would result in the removal of the existing parking/delivery area at the rear of the dwelling holds the potential to result in detrimental impacts on the neighbouring dwellings, in

• terms of the potential to increase the chances for indiscriminate parking in the area. It should be noted that the highway along Derby Road is narrow, with no provision made for on-street parking. Thus, the removal of this parking space would mean that the indiscriminate parking that is common along Derby Road, for taxis, and supply/delivery vehicles would be intensified, with potential to generate adverse impacts on the properties here.
• 7.4.3 Additionally, the potential for indiscriminate parking along the rear lane which serves the properties here would also be intensified, as was noted during the site visit on 18 October, where a delivery van blocked one of the linking lanes.
• 7.4.4 Notwithstanding the factors that have been identified to result from the intensification of development on the site through the addition of another apartment, the property is within one of the densely populated areas in Douglas, where it is expected that these concerns would exist. As such, any potential negative impact on the amenities of neighbouring amenities resulting from increased intensity of use is considered to be within an acceptable level. Therefore, it is considered that there would be no significant adverse impacts on the neighbouring dwellings resulting from the scheme.
• 7.5 IMPACTS ON PARKING & HIGHWAY SAFETY (GP2 & TP 7)

• 7.5.1 In terms of parking provisions, it is considered that the single car parking allocation for the five apartments would be replaced by the new cycle storage which would be situated within the existing parking area. However, the site is close to an existing public transport corridor and there is restricted/unrestricted on street parking in the area, although this parking provision is limited as is commonly experienced in the area. The property is also within walking distance to the town centre and a variety of amenities within Douglas, 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.
• 7.5.2 Overall, given the site is within close proximity to the town centre, close to services and shops, close to public transport links and public parking, and as the scheme seeks to provide secure cycle storage provisions on site, it is considered that the lack of off street parking provision in this case is acceptable and would not significantly effect on street parking or highway safety in the locality.

8.0 CONCLUSION - 8.1 Overall, it is considered that although the intensified usage of the site would create considerable impacts on the locality, this impact is not considered to be at unacceptable levels. The scheme would also have acceptable impacts on the character and appearance of the site and Conservation Area. - 8.2 Whilst the visual impacts, direct impacts on neighbouring amenities (overlooking), and highway safety impacts would be acceptable, one of the rear apartment would have an undesirable outlook from the primary windows serving the primary room. It is, therefore, considered that the lack of outlook outweighs the provision of additional housing options and the positive elements of the scheme. This proposal is, therefore, considered contrary to the provisions of Housing Policy 17 and General Policy 2 (h) of the Strategic Plan. Therefore, it is recommended for a refusal.

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 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.

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: 25.10.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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