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18/00052/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00052/B Applicant : The Courtyard Limited Proposal : Conversion of existing two storey storage area in to duplex apartment Site Address : Site Within Callows Yard Malew Street Castletown Isle of Man
Case Officer : Miss S E Corlett Photo Taken : 07.02.2018 Site Visit : 07.02.2018 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.02.2018 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Plans/Drawings/Information:
This approval relates to drawings 01, 02, 03 and 04 all received on 22nd January, 2018.
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Interested Person Status - Additional Persons
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NATURE OF THE SITE
THE SITE 1.1 The site is part of the Courtyard (formerly Callow's Yard) development in the heart of Castletown. The site lies to the rear of numbers 23 and 27, Malew Street which are outwith the
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applicant's ownership: number 23 is a commercial unit at ground floor level with residential use above and number 27 is a residential unit.
1.2 The application site is part of an existing building which was approved as a commercial unit in association with the development of the remainder of the complex. It has subsequently been approved to be internally subdivided into four apartments at the western end with the eastern end remaining as storage. The application which approved this subdivision, 16/00119/B was solely for the front of the building.
1.3 The building sits on the site of the former Arbory Court which was a detached building accessed from Arbory Street and formerly used for offices. The new building is in the same position as the original but there is an apartment (formerly a waste processing facility associated with Callow's Yard) between the site and Arbory Street, blocking off direct access to the building and access is now from within Callow's Yard. The ground floor of the building had approval for a commercial kitchen which was to provide cooked food for the outlets within Callow's Yard. The upper floor had permission for retail use and an application had been submitted to turn this into a function room but the application was withdrawn before a decision was taken. The building was then the subject of a further application for use as retail and/or offices.
1.4 The plans incorrectly show the part of the building as storage/workshop. The approved use shown on the application for conversion of the front of the building to apartments, showed it simply as storage.
1.5 The works to convert the building are currently being undertaken with, at the time of the site visit, the internal area still all open with the original internal staircase still in operation and the access still available from the rear of units 27 and 28.
THE PROPOSAL 2.1 Proposed is the conversion of the storage area to a two bedroomed apartment with internal stairs between the two floors. The accommodation would have two bedrooms, each with a dedicated bathroom (one with a shower, one with a bath) and cupboard and storage space and on the ground floor will be a cloakroom with combined dining, kitchen and living area. The overall floor area is around 80 sq m. The ground floor has windows serving the cloakroom, dining area and living area: the upper floor only has rooflights which will be electronically operated and incorporating black out blinds.
2.2 The rooflights will be in the slope of the roof which is internally, above head height, thus not allowing a view straight out.
PLANNING POLICY 3.1 The site lies within an area of Mixed Use on the Area Plan for the South. The complex now comprises mainly residential or tourist accommodation on the parts facing into the courtyard other than the rear of some of the commercial units on Arbory Street. The site also lies within the town's Conservation Area.
3.2 The Strategic Plan requires there to be two parking spaces provided per apartment with two bedrooms or more. This standard may be relaxed:
"In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to: (a) the location of the housing relative to public transport, employment, and public amenities; (b) the size of the dwelling; (c) any restriction on the nature of the occupancy (such as sheltered housing); and (d) the impact on the character and appearance of the surrounding area.
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Where new dwellings are created by the conversion of existing buildings, parking space should be formed by the clearance of outbuildings and low-grade annexes or "outlets" if it is reasonable and practicable so to do; however, in general, the need to find a use for redundant buildings which are in sound condition will outweigh the drawback of any shortfall in parking provision."
"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 (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality."
3.3 The Strategic Plan also provides guidance on the creation of flats as follows:
Strategic Policy 12: "Favourable consideration will generally be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of redundant boarding houses, and vacant or under-used space above commercial premises subject to compliance with detailed standards (see section 8.13)."
"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."
Housing Policy 17: "The conversion of buildings into flats will generally be permitted in residential areas provided that:
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(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."
PLANNING HISTORY 4.1 The complex has been the subject of a number of applications, both for the creation of the commercial complex and a number of subsequent applications for the change of use of the space, largely to residential units in the form of one and two bedroomed units. The most recent application was for the conversion of 17 and 19, Malew Street ground floor retail units to residential/tourist use which was approved on appeal following refusal by the Planning Committee (17/00330/B).
4.2 Prior to that, of relevance is another previous application for the conversion of a number of commercial and residential units to flats, which was refused by the Planning Committee, recommended for approval by the inspector and refused by the deputising Minister. The Minister's decision was challenged through a Petition of Doleance to the Courts who quashed the decision, referring it back to the Department who appointed another Minister to consider the case and who upheld the appeal and approved the application (14/00338/B).
4.3 The inspector was concerned with a number of issues, but of relevance to the current application is that relating to car parking. He considered that the fundamental point was that the current application should be assessed on its own merits: how much increased parking demand would be likely to result from what is now being proposed; would that be materially harmful, and if so, are there again, countervailing benefits. He calculated that a reasonable forecast of the number of spaces which would be needed by the proposal was five and that using a reasonable assumption that one may walk up to 200m to find a parking space near to one's home [UK Institute of Highways and Transport] there are clearly such spaces within this distance of the site. Whilst it is undesirable to fall short of the recommended parking provision, in that case he concluded that the shortfall and impact therefrom would not be determinatively harmful to parking stress or the safe, free flow of traffic nor would it inhibit future measures for improved parking management in the town. He accorded weight to the lack of objection to the current proposal by the Highway Authority.
REPRESENTATIONS 5.1 No representations have been received at the time of writing.
ASSESSMENT 6.1 The issue here is whether the proposal complies with the principles of Strategic Policy 12 and Housing Policy 17. The initial concern was that the proposed unit would have unacceptable levels of outlook and amenity, given the limited amount of external space and the ability for a clear outlook, given the proximity of reasonably high surrounding walls and the fact that the space is at the rear of the building. However, on visiting the site, the internal layout is not dissimilar to a warehouse where high level roof lights will provide light but not the opportunity for overlooking or being overlooked. The unit is quite generous in space and could usefully create a desirable living space. Whilst there is limited outside space immediately and exclusively available to the property, there is an open area close by which is to be converted to a garden area for use by residents and which would compensate for the lack of private amenity space. Many of the units in the complex have no private space. Unlike most of the other units, this will not have other residents and users of the central link walking directly past its windows.
6.2 Whilst there is no on-site parking for this unit, the previous applications for this complex have established that, within reason, there are sufficient car parking spaces within reasonable proximity of the site for this property not be required to have spaces available on it on site. In
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addition, the wording of Housing Policy 17 and the parking policies provide some flexibility in this respect.
CONCLUSION 7.1 The proposal is considered to accord with the requirements of HP17 and is recommended for approval.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision-maker must determine:
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted
Committee Meeting Date: 26.02.2018
Signed : S E Corlett Presenting Officer
Further to the decision of the Committee an additional report was required
Signatory to delete as appropriate YES/NO
PLANNING COMMITTEE DECISION 26.02.2018
Application No. :
18/00052/B Applicant : The Courtyard Limited Proposal : Conversion of existing two storey storage area in to duplex apartment Site Address : Site Within Callows Yard Malew Street Castletown Isle of Man
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Presenting Officer : Miss S E Corlett
Addendum to the Officer’s Report
The reporting officer updated the Committee on a response from Highway Services which had not been received at the time of the writing of the report, advising that they had no objection to the application on the basis that there is no existing parking on the site and there is no room to provide such. However, the site is adjacent to the town centre pedestrianised area of Malew Street, and public car parking is available in the town centre which should satisfy the parking demand generated by the development.
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