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15/01332/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01332/B Applicant : Pearl Healthcare Ltd Proposal : Variation of condition one of PA 11/01029/B to extend the period of permission by an additional four years Site Address : Tudor Lodge 18 Stanley Terrace Douglas Isle of Man IM2 4EP
Case Officer : Mr Chris Balmer Photo Taken : 17.12.2015 Site Visit : 17.12.2015 Expected Decision Level : Planning Committee
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS HIGHWAY SERVICES HAVE OBJECTED TO THE APPLICATION BUT THE APPLICATION IS RECOMMENDED FOR AN APPROVAL.
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 variation of condition one of PA 11/01029/B to extend the period of permission by an additional four years. This original application sought approval for alterations, conversion of garage and erection of a single storey extension to provide additional living accommodation. The extension would link the ground floor of the property to the garage to provide a laundry room, day room and a corridor to an additional two en-suite bedrooms. The day room would have a window facing onto the remainder of the rear yard along with a pitched roof light well in the roof. The two bedrooms would each be served by a roof light and a window in the boundary wall which abuts Stanley Terrace. Bin storage would continue to be provided in the space beneath the external fire escape.
3.0 PLANNING POLICY 3.1 The application site is located within an area identified as being Predominantly Residential by the Douglas Local Plan. 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea;
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(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
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."
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 three previous planning applications which are considered materially relevant to the assessment of this application:
4.2 Alterations, conversion of garage and erection of a single storey extension to provide additional living accommodation - 11/01029/B - APPROVED at Appeal.
4.3 Alterations, conversion of garage and erection of a single storey extension to provide additional living accommodation - 06/00484/B - APPROVED
4.4 Erection of staff accommodation with integral garage to replace existing garage/store to rear
4.5 Change of use to residential care home - 92/00384/C - APPROVED
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5.0 REPRESENTATIONS 5.1 The Highways Services of the Department of Infrastructure objects to this application (received on 15.12.2015) stating that: "Highways opposed this planning application in 2011 due to the removal of vital off road parking spaces. Highways still oppose on these grounds. This area is known to Highways as having parking issues and this application will increase the problem."
5.2 Douglas Corporation does not object to this application.
6.0 ASSESSMENT 6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years to the time in which the permission should be implemented.
6.2 The principal issue in the assessment of this application is whether there have been any material changes, in planning terms, since the application was last approved; for example policy changes, a change to the land use designation, new or altered legislation, or site circumstances) that would lead to a different decision being made.
6.3 Since the initial approval there have been no material planning changes which have arisen. The Douglas Local Plan Order 1998 and the Isle of Man Strategic Plan 2007 have not been superseded and therefore continue to comprise the Development Plan. There has not been any relevant appeal decisions that indicate a different approach to those policies should be taken. No new legislation has been brought into force.
6.4 Whilst an objection has been received from Highway Services on the basis that they objected previously and therefore still oppose due to parking issues in the area, it is noted this issue was considered by the Inspector previously who stated: "On the first issue, the proposal would remove the potential for vehicles to be parked on the site within the garage. Although the appellant has argued to the contrary, it is my assessment that this garage would be capable of accommodating 2 cars, as its internal dimensions are sufficiently generous. However, it must also be borne in mind that the appellant's evidence that the garage has not been used for parking for 15 years has not been challenged, and I have been given no evidence which suggests that the appellant could be forced to use the garage for parking if the appeal were to be dismissed. Consequently, it seems likely that a decision to dismiss this appeal would lead to a continuation of the storage use rather than a reversion to use for vehicle parking. Bearing in mind that the evidence is that residents of the home are not allowed to drive, that staffing levels would not be increased, and that residents are encouraged to visit family and friends away from their site rather than having them come to the care home, it is unlikely that the proposal would lead to any significant additional requirements for parking. Insofar as more visitors might come to the home, there is on-street parking available nearby on Marathon Road."
6.5 The Inspector goes on to state: "Taking all these points into account, there is no basis on which it could reasonably be concluded that the proposed development would cause any significant harm in generating additional on-street parking, or in causing any adverse consequences for highway safety..."
6.6 Given these comments and as no evidence has been submitted to indicate there has been a change in circumstances in relation to parking in the area in the last few years and the garage again did not appear to being used as a garage currently, it is considered significant material weight is attached to the Inspector comments which were accepted by the Minister.
7.0 RECOMMENDATION 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
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environment or cause undue harm on public amenity. No significant material circumstances have altered since the original approval in principle was issued.
7.2 Accordingly, it is considered for those reasons it is appropriate to approve the variation of condition 1 and extend the approval for a further four years from the date of the decision notice, and that the other conditions previously attached to that approval be carried forward here, should this recommendation be accepted.
8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Division of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.01.2016
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.
This approval relates to drawings reference numbers AT 785.1 REV 1 and AT 785.2 REV 2 all received on 9th December 2015.
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 : Approved
Committee Meeting Date: 18th January 2016
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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
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