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18/00209/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00209/B Applicant : Nelly Christian Proposal : Alterations and refurbishment to create 10 bedroom hostel (alterations to PA 17/01028/B including window and door to bike store) Site Address : 38 Murrays Road Douglas Isle of Man IM2 3HW
Case Officer : Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.03.2018 __
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.
C 2. Prior to the occupation of any of the hostel rooms or use of the associated facilities, the motorcycle parking and cycle storage areas shall be provided and remain free from obstruction thereafter.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
C 3. The motorcycle parking areas as shown in the submitted plans shall not be brought into use until such time as a dropped kerb has been provided.
Reason: To ensure that the motorcycle parking areas are not used without the provision of a dropped kerb, which would enable the space to be accessed safely and to avoid damage to the highway. The advice and permission of the Department of Infrastructure is recommended in this respect.
C 4. Prior to the installation of any air source heat pumps, the applicant must have had approved by the Department details of this equipment, including noise emission levels and the development must be undertaken in accordance with these details.
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Reason: To control potential noise nuisance from this element of the development.
C 5. The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as separate dwelling units. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.
Reason: To ensure that the development is only used and occupied as short let holiday accommodation as proposed in the application.
N 1. It should be noted that the internal layout is not specifically controlled through the planning system and approval must be obtained under other legislation relating to fire safety, Building Regulation and tourist accommodation registration.
Plans/Drawings/Information:
This decision relates to drawings PL1003B, PL1006/B, PL1007/B, PL1008/B and PL1009, all received on 2nd March, 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 AS THE PREVIOUS APPLICATION WAS SO REFERRED ALTHOUGH THE LEVEL OF REPRESENTATION, WHICH WAS THE REASON THE PREVIOUS APPLICATION WAS CONSIDERED BY THE COMMITTEE, IS NOT APPARENT IN THE CURRENT CASE
Preliminaries Planning approval was granted under 17/01028/B for the conversion of the property to create a ten bed hostel including the construction of a bike storage room, alterations to the entrance, creation of 7 motorbike parking spaces and the installation of air source heat pumps. This was approved by the Planning Committee subject to a number of conditions concerning details of the air source heat pumps and the provision of the parking spaces.
This current application seeks permission to amend the scheme which, as it has not been completed, has to be treated as a completely new application.
THE SITE 1.1 The site is the curtilage of an existing end of terrace dwelling which fronts onto the north eastern side of Murray's Road and sides onto the private access into Waverley Court old persons' accommodation. The dwelling is three storeys in height and has seven windows in the side of the main house and eleven and a door on the side of the rear annex facing onto the Waverley Court access. The arrangement of windows is symmetrical on the second and first floors but the windows on the ground floor do not match the position or size of those above. The windows are vertically proportioned and are currently plastic framed top hung casement opening types.
1.2 The property is one of very few properties in the street which have a pebble-dashed finish, the vast majority having their original smooth rendered and painted finish. The property is undergoing works which are covering over the dash in a matte, grey colour.
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THE PROPOSAL 2.1 The property has planning approval for use as a House in Multiple Occupation through a Certificate of Lawfulness (16/01348/CLAW) and planning approval was recently granted under 17/00687/B for the conversion of the building to a tourist hostel. This is capable of being implemented until August, 2021. The most recent application referred to in the Preliminaries section is capable of being implemented until 14th November, 2021.
2.2 Proposed now is the conversion of the building to a tourist hostel containing 10 bedrooms along with the construction of a cycle storage room and alterations to the existing side entrance. The scheme differs slightly from that already approved in terms of small alterations to internal partitions, the enlargement of the bike storage area and relocation of the entrance door to the side facing the public highway and the removal of an internal door on the ground floor. Also proposed is the construction of a box around the proposed air source heat pumps to protect them from leaf drop from adjacent trees.
2.3 The number of beds and cots would not usually be within the control of the planning application but rather the remit of the Department of Economic Development's Tourism Division, Fire and Rescue Service and Environmental Protection Unit in their registration of the facility.
2.4 The applicant suggested in the earlier application that this facility will relate to Department for Enterprise's 2016-2021 Destination Management Plan which includes a demand for family friendly accommodation and multi-generational holidays. She described the site as being a 5 minute walk from the Villa Marina bus stop and from where there is access to the airport, trams and buses and the applicant intends to make visitors aware of the Go Explore cards enabling them to travel on all bus and rail services. The applicant intends the hostel to be 4 star in quality and including a laundrette, communal kitchen, private kitchen, communal dining area, large sitting/business/reception area and separate men's and ladies' toilets on the ground floor and now to be more environmentally friendly.
2.5 The front garden will be given over to a children's play area with motorcycle parking available on the corner of Murray's Road and the side road (although there is no dropped kerb to assist vehicles getting in and out of these spaces). A storage area for bicycles will be provided alongside the existing extension facing the side road in a new extension projecting out as far as does the existing annex. A seating area will be provided in the side garden which is enclosed by existing walling.
PLANNING HISTORY 3.1 Planning approval has been granted for a range of work to the property including blocking up other windows, removal of a chimney, replacement of the rear extension. Permission has also been granted for a range of different uses for this building - a residential nursing home, guest house, shop, residential accommodation and most recently a Certificate of Lawfulness of Use was granted for the use of the premises as a house in multiple occupation with self- contained, separate 1 bedroomed flat (16/01348/LAW) and alterations including the closing up of an existing window and the rendering over of the pebble dash finish and the hostel referred to in 2.1 above. Of most relevance is the recent application referred to at the start of the report.
PLANNING POLICY 4.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Residential. Whilst the Ballaquayle Road Conservation Area lies nearby, the site itself does not lie within a Conservation Area.
4.2 As such, the appropriate Strategic Plan policy to be applied to this development is as follows:
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General Policy 2: 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 and (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 and (i) does not have an unacceptable effect on road safety or traffic flows on the local highways."
REPRESENTATIONS 5.1 Douglas Borough Council raise no objection (29.03.18).
5.2 No further objections or comments have been received although the Planning Office was contacted by one of the previous objectors asking whether the occupancy condition applied previously would be re-applied, indicating that if this was the case, they would have no objection.
ASSESSMENT 6.1 The issue in this case is whether the proposed changes to the approved scheme would be contrary to the Strategic Plan and local plan policies. It should be noted that the proposal to create 10 bedrooms of hostel accommodation was considered acceptable in terms of the impact on those living in adjacent properties, highway safety and the impact on the visual character of the property and the area in general under the earlier application.
6.2 Regardless of the most recent application, the property is authorised through a Certificate of Lawful Use, for use as a House in Multiple Occupation. The property could also legitimately be used for a hostel with a slightly different layout.
6.3 It is important to bear in mind that whilst such accommodation would require registration with and accordance with the standards of Department of Economic Development Tourism Division, if the internal layout does not comply with their standards and regulations but could be changed, without material change to the thrust of what is being proposed, without the need for any further planning approval (internal changes do not generally require planning approval) then non-compliance with these regulations would not be a reason for refusal as it would refer to other legislation.
6.4 The issue is whether it is acceptable in planning terms to have a 10 bed tourist hostel here in place of a 12 bed House in Multiple Occupation with integral apartment as now shown.
6.5 The site is a good one in terms of access to facilities and public transport and the proposal involves sustainable transport (bicycle and motorcycle parking) rather than reliance upon the private car. Whilst local residents have raised concern about where occupants will park, it is perhaps less likely that people on holiday will have a private vehicle than a permanent resident in an HMO. Whilst there may be insufficient parking provided in respect of the property, it is more appropriate to compare the impact of the proposed use with that of the authorised use than to simply assess the proposal as if the building were not used at all and had no implications for vehicle parking.
6.6 The continued use of the building should be encouraged and in order to be attractive to tourists it will need to be well maintained and managed, as opposed perhaps, to its use as an HMO where such residents have less choice in their place of residence. The proposed use as
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tourist accommodation is considered more suitable for the location and the application is recommended for approval.
CONCLUSION 7.1 The application is supported. The registration with Department for Enterprise and the relevant Environmental Health regulations will ensure that the premises are occupied by visitors rather than as permanent residences, however, if necessary, a condition could be attached which limits the length of stay of any occupants to reinforce this. The changes proposed in the current application are not considered to materially change the scheme from what already has approval.
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: 09.04.2018
Signed : Miss S Corlett Presenting Officer
Further to the decision of the Committee an additional report & condition was required
YES/NO See below
PLANNING COMMITTEE DECISION 09.04.2018
Application No. :
18/00209/B Applicant : Nelly Christian Proposal : Alterations and refurbishment to create 10 bedroom hostel (alterations to PA 17/01028/B including window and door to bike store) Site Address : 38 Murrays Road Douglas
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Isle of Man IM2 3HW
Presenting Officer : Miss S E Corlett
Addendum to the Officer’s Report
The Planning Officer updated the members with the response from Highway Services which raised no objection, subject to the imposition of the two conditions of the earlier application approval relating to cycle and motorcycle parking, which had already been recommended for inclusion, as well as another condition, requiring the details of the window and door of the bike store to be approved prior to its construction to ensure that the door and window did not open out over the highway. This condition was recommended by the reporting officer and the Committee agreed to its inclusion. SEC 09-04-18
Conditions of Approval
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.
C 2. Prior to the occupation of any of the hostel rooms or use of the associated facilities, the motorcycle parking and cycle storage areas shall be provided and remain free from obstruction thereafter.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
C 3. The motorcycle parking areas as shown in the submitted plans shall not be brought into use until such time as a dropped kerb has been provided.
Reason: To ensure that the motorcycle parking areas are not used without the provision of a dropped kerb, which would enable the space to be accessed safely and to avoid damage to the highway. The advice and permission of the Department of Infrastructure is recommended in this respect.
C 4. Prior to the installation of any air source heat pumps, the applicant must have had approved by the Department details of this equipment, including noise emission levels and the development must be undertaken in accordance with these details.
Reason: To control potential noise nuisance from this element of the development.
C 5. The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as separate dwelling units. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.
Reason: To ensure that the development is only used and occupied as short let holiday accommodation as proposed in the application.
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C 6. Neither the proposed door nor the window serving the bicycle store may open outward over the highway.
Reason: To ensure that the highway is not obstructed.
N 1. It should be noted that the internal layout is not specifically controlled through the planning system and approval must be obtained under other legislation relating to fire safety, Building Regulation and tourist accommodation registration.
Plans/Drawings/Information
This decision relates to drawings PL1003B, PL1006/B, PL1007/B, PL1008/B and PL1009, all received on 2nd March, 2018.
Customer note
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