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Application No.: 10/01698/B Applicant: Mr Geoff Lockwood Proposal: Conversion of existing hotel into eight apartments Site Address: Nelson Hotel 11 Mona Drive Douglas Isle Of Man IM2 4LG ### Considerations Case Officer : Mr Ian Brooks Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : DSC Office Of Architecture Notes : comments received. Consultee : Department Of Social Care - Housing Notes : Affordable Housing Memo sent 23.11.10 PT Consultee : EPU \& Public Health Notes : comments received. Consultee : Highways Division Notes : comments Consultee : Douglas Corporation Notes :
The application site represents the curtilage of "Nelson Hotel" 11 Mona Drive in Douglas. This large derelict four storey building is an end terrace plot, situated at the junction of Empress Drive and Mona Drive, opposite Rosewood Apartments. The application site is located within the Douglas Promenades Conservation Area which is zoned as an area of "Mixed Use - Tourism / Residential / Offices" under the Douglas Local Plan in 1998.
The application is seeking planning permission for the conversion of the existing hotel into eight apartments. The application is also proposing to demolish a five storey flat roof outrigger and to erect a larger five storey flat roof extension, which will be 2.3m in length and 2.1m in width.
The application is also proposing to create a balcony over the corner bay windows of the building.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policy 35, Housing Policy 5, Housing Policy 17, Transport Policies 4 and Transport Policy 7.
Environment Policy 35 states that "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."
Housing Policy 5 states that "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."
Housing Policy 17 of the Isle of Man Strategic Plan states that "The conversion of buildings into flats will generally be permitted in residential areas provided that:
Section 18 (4) of the Town and Country Planning Act 1999 states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."
PLANNING HISTORY The following planning application should be considered in the assessment and determination of this application: 09/00838/C - Change of use from hotel to offices - granted 6th October 2009. PA 87/01383/C - Change of use from hotel to office accommodation - Refused REPRESENTATIONS Douglas Corporation have not commented on the application.
Highways Division of the Department of Infrastructure have commented on the application: This application will result in an increased parking demand in an area that has seen a steady rise in on-street parking demand in recent years due to similar developments. The applicant's provision for motorcycle parking is commended; however, the Planning Committee should be aware that continued approval of such proposal without consideration of the implications for on-street car parking will lead to the worsening of the existing parking situation in this area with the resultant negative impact on road safety through inappropriate parking.
Environmental/Public Health Unit of the Department of the Environment, Food and Agriculture has commented that the proposed works must comply with the Housing (Flats) Regulations 1982.
7 February 2011
10/01698/B
The principal issues in assessing this application are a) Land use, b) Residential amenity, c) Impact on the Conservation Area, d) Impact on the neighbouring property of No. 9 Mona Drive, e) Parking provision and F) Affordable Housing. The following paragraphs deal with these issues in the above order, followed by consideration of other matters of detail.
The Local Plan zoning of the site is for mixed uses (Tourism/Residential/Office). The development is compatible with the area since the area is zoned for residential purposes in the Douglas Local Plan. It is considered the principle of developing the site for residential use to be acceptable in this locality.
The apartments on the first, second and third floors would have an adequate residential environment in terms of having a pleasant outlook from the apartments.
However, the proposed layout for the first, second and third floors are not particular laid out well in that bedrooms are adjacent to the neighbouring apartments living rooms. This is not acceptable as noise and general disturbance from the living area would impact on the residential environment of those apartments.
In respect of the residential amenity of the ground floor apartment, it is proposed to have a motorbike and bicycle parking area located in front of bedroom 1 of the apartment which would result in a poor outlook for the future occupiers of that apartment. Also, users of the parking area will also be able to look into bedroom resulting in loss of privacy. Furthermore, motorcycles coming and going from the site would result in noise and general disturbance for the future occupiers of the apartment. It is considered the residential environment of the apartment would be unacceptable.
In respect of the basement apartment, all the apartment windows are set below street level. The living room windows are set between 1.45 m and 2.9 m away from the front boundary of the site. The kitchen windows are 500 mm away from a retaining wall and below a bay window. The windows to bedroom 1 are set approximately 650 mm away from a retaining wall. The window for bedroom 2 is onto a rear yard. It is considered that the basement unit is too poor to provide a satisfactory residential environment for future occupiers of the apartment, as its outlook is very poor and would be contrary to the principles of Housing Policy 17 of the Isle of Man Strategic Plan.
In respect of the impact on Paramount No. 9 Mona Drive, the neighbouring property is set to the south east of the application site and is currently used as guesthouse. The only aspect of this proposal which would impact on the neighbouring property is the proposed extension, which would project 3 m to the rear of No. 10 Empress Drive. The extension will be five storeys in height. The neighbouring property is already is affected by the existing outriggers and staircases to the property. This proposal will worsen the existing situation but not to a degree where a refusal is warranted.
The application is also proposing to create a parking area for motorbikes and bicycles to the side of the building. The proposed parking area is currently a concreted area set between a low level boundary wall and the side elevation of the building. The area is open to views from the public highway of Empress Drive. Any motorbikes and bicycles parked up in the area will be visible from Empress Drive, which would be visually intrusive and would not preserve or enhance the character and appearance of the Conservation Area.
The proposed bin store will be located in an existing flat roof structure, which is located to the rear of the property. However, new opening will be created on the rear elevation, which will allow better access to the bin store. The proposed alterations are relatively minor and will have a neutral effect on the character and appearance of the Conservation Area.
The proposal is also creating a five storey flat roof extension between the boundary of the No. 9 Mona Drive and the outrigger of the application site. The proposed extension would not be visible from the public highway of Empress Drive. Any views of the extension would only be from the service lane; however, these views would be broken up by an existing fire escape. The proposed extension would have very little impact on the character and appearance of the Conservation Area.
The balcony will be constructed over the existing corner bay windows of the building. The Conservation Officer has been consulted prior to the submission of the application regarding this element of the works and he is content with the proposal. The proposed parapet wall of the balcony has been designed to match in with the existing building. It is considered the proposed balcony would not be detrimental to the character and appearance of the Conservation Area.
The building is currently vacant and this proposal would bring a redundant building back into use, which would help to prevent any further decay of the building.
The car parking standards set out in Appendix 7 of the Isle of Man Strategic Plan 2007 require 1 space for 1 bedroom apartments and 2 spaces for larger units. This application is proposing six 1bed apartments and two 2bed apartments which would equate to a requirement for 10 car spaces; however, the development would not provide any parking on site."
The Isle of Man Strategic Plan states within paragraph A.7.1 "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 sound in condition will outweigh the drawback of any shortfall in parking provision.
The rear of the property could be accessed by vehicles but this would require the clearance of part of the rear outrigger; however, the rear outrigger provides a principal elevation onto Empress Drive, which contributes to the character and appearance of the Conservation Area. If the outrigger were to be partially demolished it would impact on the character and appearance of the Conservation Area. It is considered the demolition of the outrigger would be unacceptable and would impact the visual amenities of the street scene. The site is within walking distance of the town centre and a bus route. The conversion of the building is particularly important in this case due to its location within a Conservation Area. It is considered the need to bring the building back into use outweighs the lack of parking for this scheme.
In respect of the concerns about parking within the locality, it should be noted that that the parking situation in the area has been considered at appeal for The Rowany Hotel (08/01550/B), which is located behind the application site. The Independent Inspector for that application made the following comments: "Because of the lack of off-street car parking provision, the proposal would not meet the normal standards set out in Appendix 7 of the Strategic Plan (one space for one bedroom flat; two spaces for flats having two or more bedrooms). However, the Plan states that the normal standards may be relaxed in certain circumstances, including those where development would secure the re-use of a building of architectural or historic interest or would benefit the character of a conservation area." "Although the appeal site is near a bus route, the proposal would be likely to increase pressure on already limited on-street parking space. The DoT and the planning committee are right to be concerned about that effect, and about the cumulative effect of similar developments. On the other hand, the DoT's contention about precedent appears to be an attempt at shutting the stable door after conversions horse has bolted, since it could be said precedents have already been set as listed in paragraph 5.4.4 of the appellants' statement. Moreover it can be reasonably be argued that an economic use has to be found for this substantial property, and almost any use of the property (for example, as a hotel) would be bound to generate a demand for parking space."
"In this instance, I do not think it would be practicable to demolish part of the rear of the appeal building to enable parking space to be provided. The rear of the building is in effect the side elevation adjacent to the street, and demolishing part of it would open up the view of the rather unsightly rear of buildings around the service road, resulting in an adverse impact on the street scene."
Mona Drive is heavily parked and this proposal could further exacerbate that situation. The parking situation needs to be addressed in a wider context through a traffic management scheme by the appropriate Authorities, which cannot be done through this application and therefore it would be unreasonable to refuse the application due to the on lack of parking and its impact on the surrounding area.
Housing Policy 5 of the Isle of Man Strategic Plan states that "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that of provision should be made of affordable housing. This policy will apply to development of 8 dwellings or more."
In accordance with the policy, the proposal would generate a requirement to provide 2 units. The applicant has indicated that they are willing to provide 2 units to be sold in accordance with the House Purchase Assistance Scheme and they are willing to enter into a legal agreement so as to ensure that 2 of the units are set-aside for affordable housing in line with the Housing Policy 5 of the Strategic Plan.
It is recommended the application be refused.
The local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Environmental Health Officer of the Department of Environment, Food and Agriculture has not commented on planning matter and as such should not be afforded party status.
The Highways Division of the Department of Transport is now part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.
The Housing Division of the Department of Social Care have commented on affordable housing provision, which is a material planning consideration, and as such they should be afforded party status in this instance.
Recommended Decision: Refused Date of Recommendation: 02.02.2011 Conditions and Notes for Approval / Reasons and Notes for Refusal
The proposed development would be contrary to Housing Policy 17 of the Isle of Man Strategic Plan 2007 in that:
The proposed motorbike/bicycle parking area would be contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 in that parking of the vehicle on the roadside frontage would be visually intrusive and would not preserve or enhance the character and appearance of the Conservation Area.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer. Decision Made : Refused Date : ...... 15/21 Signed : .......... Senior Planning Officer
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