107953

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                                      18/00549/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00549/B Applicant : Dr Tracy Bell Proposal : Refurbishment of upper floors to create three number 1 bed apartments Site Address : Flat 12 Malew Street Castletown Isle Of Man IM9 1AB

Principal Planner: Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 18.12.2018 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. The layout shows no means of access for the occupants of the apartments to the rear yard resulting in no external bin storage or amenity space being available to the users of the apartments, contrary to the requirements of Housing Policy 17 of the Isle of Man Strategic Plan 2016.

O 1. The drawings appear to show apartments which fall below the floor area required under the Housing (Standards) Regulations 2017.

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Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The site is the curtilage of 12, Malew Street, a mid-terraced four storey property (including accommodation in the roofspace) which sits on the eastern side of Malew Street. The ground floor of the premises are used as a dental clinic, the floors above are currently open and unused.

1.2 Access into the building is via one of two doors, one directly into the ground floor dental clinic and the second door, to the left leads to the stairs which serve the upper floors.

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THE PROPOSAL 2.1 Proposed is the conversion of the upper floors into three residential flats, one per floor, each having one bedroom at the rear, an internal shower room and a living area at the front with an integral compact kitchen. No changes are proposed to the external facade of the building. There does not appear to be any means of access from the flats to the rear yard.

PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South (2013) as Mixed Use. The Plan offers guidance on the use of upper floors of properties in such areas as follows:

Mixed Use Proposal 4: The upper floors of buildings in the Mixed Use areas of Castletown, Port Erin, Port St Mary and Ballasalla may be appropriate for office use although there will be a presumption in favour of the retention of existing residential uses subject to the circumstances and merits of any alternative uses.

3.2 The Strategic Plan also provides guidance on the principle and details of the use of upper floors in mixed use areas:

"9.4.5 It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas." 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."

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Housing Policy 17: "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."

3.3 Parking standards are set out in Appendix Seven and apply to flats as follows:

1 bed apartments - 1 space: 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.

"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.

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."

PLANNING HISTORY 4.1 Planning approval has been granted for the use of the premises as a dental surgery (14/01032/B) and for replacement windows (15/01139/B). On the former application, the dental surgery is confined to the ground floor with the first floor shown as a dining and living room. The existing plans there showed one access to the property with the upper floors accessed from within the ground floor. That application introduced a new access to the living accommodation above which appears to have been one unit.

REPRESENTATIONS 5.1 Highway Services indicate that they do not object to the application as there is sufficient town centre parking to satisfactorily accommodate the vehicles generated by the proposed use (26.06.18).

ASSESSMENT 6.1 The scheme has been the subject of discussions with the applicant's agent since early July of this year following concerns raised in respect of the means of access to the bin storage and the size of the proposed apartments and no resolution of the issues has been forthcoming, despite a request for a meaningful response to be received prior to 7th December, 2018.

6.2 The layout shows no means of access for the occupants of the apartments to the rear yard resulting in no external bin storage area being available to the users of the apartments. The

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units are also quite small - under 30 sqm which is the minimum area allowable under the Housing (Standards) Regulations 2017. There is no provision for car parking and no information in the application to demonstrate that this lack of parking will not result in an adverse highway impact as is required by Appendix 7 of the Strategic Plan.

CONCLUSION 7.1 The proposal fails to comply with Housing Policy 17 in that there is no access to external space for purposes of clothes-drying, refuse storage and general amenity and such the application is not supported. Whilst no information has been provided to demonstrate that the lack of car parking here would not result in result in unacceptable on street parking in the locality, it is relevant that none of the properties in the vicinity has off street parking, there are public car parking facilities in the vicinity and that Highway Services have indicated that this situation is acceptable. This is not therefore considered to be a reason why the application should be refused, although it should have been discussed by the applicant in the application.

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: 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 in Article 6(4) who should be given Interested Person Status.

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I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Refused Date : 19.12.2018

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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