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20/00565/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 20/00565/B Applicant : Emerald Assisted Living Limited Proposal Demolition of rear outlet / garage and erection of detached building to provide bedroom accommodation Site Address Tudor Lodge 18 Stanley Terrace Douglas Isle Of Man IM2 4EP
Case Officer :
Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 21.07.2020
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. It has been previously assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the natural environment or cause undue harm on public amenity. No significant material circumstances have altered since the original applications, which is very similar to what is now proposed and comply with GP2 and EP35 of the IOMSP.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers 1539.1, 785.1 REV 1 and Site Plan (scale 1:2500) all received on 27th June 2020. __
Interested Person Status - Additional Persons
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
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The owner/occupier of 10 Victoria Place, Douglas as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.
0.0 FURTHER INFORMATION 0.1 The Planning Committee Members deferred the planning application previously due to a number of questions they wished to be addressed. Accordingly, the Department sought these questions from the applicants who made the following comments:
"Are the living conditions of those who will live in the proposed units acceptable? Yes, we submitted our plans to the inspection & registration unit and have their acknowledgement and confirmation that the spacious en-suite accommodation would be compliant.
The members noted that the occupants will have to go across an open yard to get to the dining and leisure space within the building and that the units themselves have limited outlook and do not benefit from the rooflights that were proposed as part of the previous application. The open courtyard is acceptable, without the originally planned courtyard being covered in there will be much more light to the windows on this elevation. Promoting an 'independent feel' as much as possible within the mental health sector is a challenge, we care for younger adults and this is seen as a good way to provide that environment feel for those who are physically ambulent but otherwise unable to cope in the community, at times when the weather is bad or the resident is poorly we'd do as Marathon court does for its elderly residents in their chalets and deliver main meals which can be enjoyed in the small snack area within each unit. In this application we submitted a letter from the Mental Health team commending our proposal. Please find another supporting email from the MH team attached.
The outlook is limited and this is acknowledged, its the same outlook that our residents bedrooms at the rear of the main building have which is into the courtyard and street behind, and hasn't altered from our previously approved scheme, except keeping the pleasant courtyard space would be open, uncovered and this compliments the outlook and external community space for all residents.
Is the loss of the garage/storage facilities acceptable? Yes, the garage is redundant and because of its poor structural condition, hasn't been used for storage or parking. Whilst the principle of the loss of this facility has previously been approved, the members did ask what will happen to the items stored in the existing building and if they can be moved, as per last response could this space not then be used as a garage in association with the use of the building which will generate a demand for parking, which is generally in short supply in this area. They also noted that the principle of the loss of the garage was first approved in 2011. Our residents don't have the capacity to drive & parking has not been an issue, we are very well served by public transport; a positive could be that once the transition concludes and existing garage double doors are removed, this will afford additional street parking.
They also asked how deliveries will be made if not into the garage/store. As a dead end road with no turning area, no deliveries have ever been made to us via the garage/store, deliveries only come to our main entrance.
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This planning application is heavily supported by the Mental Health team because of the lack of places for this category of care on the island (as emphasised in the attached MH letter). We are the only dedicated MH home on the island and want to stress to the committee that the need for care provision for two more vulnerable adult places is greater than that of parking or additional storage space and very much hope the department will feel the same and approve the revisions applied for."
0.2 Please note, no further amendments/additions have been made to this report.
1.0 THE SITE 1.1 The application site is the curtilage of Tudor Lodge Residential Care Home, Stanley Terrace, Douglas. The property is situated at the end of the terrace with its north western elevation facing onto Marathon Road. To the rear of the property is Stanley Place land which runs between Stanley Terrace and Victoria Place. The property is currently served by a garage which is detached from the building and is accessed from Stanley Place.
2.0 THE PROPOSAL 2.1 This application seeks approval for the demolition of rear outlet / garage and erection of detached building to provide bedroom accommodation.
3.0 PLANNING POLICY 3.1 The application site is located within an area identified as being Predominantly Residential by the Douglas Local Plan and the Draft Area Plan for the East. The site is within a Conservation Area.
3.2 General Policy 2 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."
3.3 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character and appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
3.4 Paragraph 10.11.1 of the Strategic Plan sets out the following: "Health care facilities such as nursing homes, residential homes, or training centres are usually sited within residential areas, but can generate activity and traffic which has detrimental effects on the amenity and character of these areas. The following policy is therefore adopted."
3.5 Community Policy 6 states: "New community health care facilities and extensions to existing facilities will be permitted provided that they: a) would not result in an over concentration of such uses in a particular area; b) would not have an unacceptable effect on the residential or prevailing character or amenity of the area; c) would be easily accessible; and d) would not have an unacceptable impact on the local highway network."
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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."
4.0 PLANNING HISTORY 4.1 The application site has been the subject of five previous planning applications which are considered materially relevant to the assessment of this application:
4.2 Variation of condition 1 of application 15/01332/B for alterations, conversion of garage and erection of a single storey extension, to extend the period of approval for a further 4 years
4.3 Variation of condition 1 of application 15/01332/B for alterations, conversion of garage and erection of a single storey extension, to extend the period of approval for a further 4 years
4.4 Variation of condition one of PA 11/01029/B to extend the period of permission by an additional four years - 15/01332/B - APPROVED
4.5 Alterations, conversion of garage and erection of a single storey extension to provide additional living accommodation - 11/01029/B - APPROVED at Appeal.
4.6 Alterations, conversion of garage and erection of a single storey extension to provide additional living accommodation - 06/00484/B - APPROVED
4.7 Erection of staff accommodation with integral garage to replace existing garage/store to rear - 00/01057/B - REFUSED at Appeal
4.8 Change of use to residential care home - 92/00384/C - APPROVED
5.0 REPRESENTATIONS 5.1 The Highways Services of the Department of Infrastructure does not object to this application (received on 26.06.2020) COMMENTING: "The site history and user operations have been noted and that the loss of the garage is not to count towards parking. It is understood that the garage has historically and is being used as a storage facility. The Applicant is advised that a licence may be necessary for the use of the highway for equipment and materials."
5.2 The owner/occupier of 10 Victoria Place, Douglas has objected to the application on the following grounds (19.06.2020): "Our house is immediately opposite this place our house back is at the top of Stanley Place, The mess and nuisance this work will cause will be a massive problem for accessing our house and parking problems along with the mess they will make on our outside newly decorated house. Will they be repainting our house when it covered in mess and dirt. Also access to the back of their new annex and parking problems."
6.0 ASSESSMENT 6.1 Firstly it needs to be acknowledged that a similar scheme has previously been approved for two additional bedrooms to be used in association with the care home. The only really differences is that this is a total new build which other applications sought to convert the existing garage and included an linked extension between the bedrooms and the back of the
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building. The link extension is not proposed by this application. Accordingly, the level of development is less than what has previously been approved. It should be noted that application 19/01325/B could be implemented toady, as it has not expired.
6.2 From a visual perspective the design is very similar to what has already been approved which include two windows to the rear, with flat roof and parapet wall to rear lane elevation. It is considered the form of development would be acceptable within the street scene and would comply with GP2 of the IOMSP.
6.3 In terms of the impact upon neighbouring amenities, again the level of developed is very similar, if not less than what has previously been approved. There is a similar sized structure already in place and it is not considered the proposal would raise a significant adverse impacts to neighbouring amenities to warrant a refusal.
6.4 In relation to impacts of the general disturbances of the development during the construction phases, while the concerns of the Occupants of Nr 10 Victoria Place are reasonable and understandable; they are not a material planning consideration which can be taken into account.
6.5 Highway Services have considered the application and have raised not concern. The primary access to these rooms would be from the main building which in turn would utilise the main entrance of the building off Ballaquayle Road. The proposal does include a pedestrian gate (as did previous applications) but this is a replication of the existing situation in the same position.
7.0 CONCLUSION 7.1 It has been previously assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the natural environment or cause undue harm on public amenity. No significant material circumstances have altered since the original applications, which is very similar to what is now proposed and comply with GP2 and EP35 of the IOMSP. It is therefore recommended for an approval.
8.0 INTERESTED PERSON STATUS 8.1 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.
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 above who should be given Interested Person Status __
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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:...07.09.2020
Signed :...C BALMER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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20/00565/B Page 7 of 7
PLANNING COMMITTEE DECISION 07.09.2020
Application No. : 20/00565/B Applicant : Emerald Assisted Living Limited Proposal : Demolition of rear outlet / garage and erection of detached building to provide bedroom accommodation Site Address : Tudor Lodge 18 Stanley Terrace Douglas Isle Of Man IM2 4EP
Principal Planner : Mr Chris Balmer
Presenting Officer As above
Addendum to the Officer’s Report
Committee recommended approval subject to addition of a condition.
Condition 2 was added
No development shall take place until full details of soft and hard landscaping of the courtyard area works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the bedroom accommodation hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
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