Officer Report

Application No.: 16/00324/B Applicant: DAW Properties Limited Proposal: Conversion of existing residential accommodation above retail units into three apartments (comprising amendments to PA 15/01047/B) Site Address: 44,46,48 Broadway Douglas Isle Of Man IM2 4EW Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of 44, 46 & 48 Broadway, Douglas which are two storey terrace properties situated to the northern side of Broadway and southeast of Victoria Road. The site lies within a small collection of commercial premises which abut the prominent red sandstone Broadway Baptist church which overlooks the Falcon Glen and gardens. The principal elevation/usage is that of a pizza delivery and a Funeral Director's premises whilst to the rear and upstairs the premises are used for a single residential unit. - 1.2 The rear of the property backs on to a rear pedestrian lane which serves a few neighbouring properties and the two upper floors of the application properties. The lane runs from these properties and accesses onto Victoria Road.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the conversion of existing residential accommodation above retail units into three apartments, two 2 bed units and one single bed unit. Presently the space is arranged as a two bed units with two further bedrooms and living space in the roofspace. Certain windows in the property are to be replaced.

3.0 PLANNING HISTORY - 3.1 There is a single planning application which is considered relevant in the determination of this application: - 3.2 Conversion of existing residential accommodation above retail units into three apartments 15/01047/B - APPROVED. There are no differences to the internal alterations between this recently approved application and what is now proposed. The differences relate to the slight alteration of the site plan (previous plan was found to be incorrect) and again alterations to the external yards.

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area designated as "Predominantly Residential" under the Douglas Local Plan Order 1998. The site is within a Conservation Area. - 4.2 The following policies in the Isle of Man Strategic Plan 2007 are considered relevant: - 4.3 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;
• 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."

4.4 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."

4.5 Environment Policy 35 states: "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."

5.0 CONSULTATIONS - 5.1 DOI Highway Services have no objection (received on 31.03.2016) and make the following comments: " The IOM Strategic Plan would require 5 off street parking spaces, with a reduction in standard due to central location 3 off street parking spaces would be considered.

Taking into account its existing use, which provides no off street parking, the applicant has attempted to provide parking for other forms of vehicles such as motorcycles/bicycles. As such Highways would not oppose this application but is mindful that on road parking in this area is limited and would consider any future applications in this area on their own individual merits."

5.2 The owner/occupier of Dusk Limited, 54 Duke Street, Douglas (owners of Nr 42 Broadway) have objected to the application which can be summarised as; no contact or agreement has been made with the applicant to allow access to my land; consider three dwellings is an overdevelopment; not allow foot traffic over the access lane to our property (Nr 42); consider outlook of the studio flat to be unacceptable; flat in roof space is more or less 50% less than 1.5 metres in height; and concerns of control occupancy levels (14.04.16).

6.0 ASSESSMENT - 6.1 As stated earlier in this report, the application site is located within a wider area of land that is designated as predominantly residential use under the Douglas Local Plan. Given that the use of

• the proposed development would be residential, it is concluded that there is no issue with the general principle behind the proposal. Material planning weight should also be attached that a very similar scheme has recently been approved. The purpose of this planning application is to examine the site specific impacts of the proposed development. In terms of that the three issues to assess are the impact on public amenity/conservation area, the impact on private amenity of future occupants and the impact on-street parking in the area. The proposed development is not considered to affect any other obvious material planning considerations.
• 6.2 In terms of impact on public amenity the key consideration is the appearance of the proposed development within the street scene of the surrounding area and the conservation area. Whilst it is proposed to alter the existing building to the rear, such alterations would not significantly alter the visual amenities of the street scene or of the individual property. Unlike the previous scheme there are no alteration of the rear boundary wall and therefore would not have an impact upon the visual amenities of the street scene such to warrant a refusal. The main alteration that would be potentially noticeable from the street scene is the replacement of the existing casement window within the front dormer. However, whilst the style of the window being replaced differs, it replaces a window which is unlike to be the original and the proposal is considered acceptable. The overall impact on public amenity/conservation area is thereby concluded to be acceptable and would preserve and enhance the character and appearance of the conservation area.
• 6.3 As for impact on private amenity for future occupants, this issue initially raised the most concern, and namely for the outlook of the first floor studio apartment which main view from the principal room (dinning/living room) was over the rear yard area. Visiting the site and rear lane area, it was acknowledged that the area was rather attractive area, due to neighbouring properties using planters and other landscaping. Accordingly, whilst the rear lane is a service lane for bins, the occupants in the area had undertaken works which where beneficial to all users of the area. It was put to the applicants that they may wish to create a landscaping feature/patio are to the rear yard of the studio apartment to improve the visual appearance for future occupants. As with the previously approved application, they have again submitted a plan which shows this. The width of the south-eastern most yard is reduced over the last approval, this is due to the mistake of the site plan being plotted incorrectly. Consequently, this yard would have a width of between 2.3m and 3.2m, whereas previously it was shown as having a width of 4.3m. It is still considered the area of the yard to be appropriate. A condition should be attached which requires these works be undertaken prior to the occupation of the studio apartment and such works retained. Overall it is consider the proposal would comply with Housing Policy 17.
• 6.4 Turning to the impact on highways, the key issue to consider is car parking provision. If this were a new development for three apartments then a total of 5 parking spaces would be required to be provided on site. The existing property is a four bedroom unit. The proposal cannot provide any off street parking spaces. Accordingly, it could be concluded the proposal is contrary to the Parking Provision of the IOM Strategic Plan. However, the plan does indicated that the parking 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.

6.5 The Highway Services have considered the scheme and indicated that the applicant has attempted to provide parking for other forms of vehicles such as motorcycles/bicycles, albeit this new scheme only shows provision for secure bicycle parking. They therefore do not oppose this application but are mindful that on road parking in this area is limited and would consider any future applications in this area on their own individual merits.

6.6 Comments have been made from an objector that they own the access lane to the rear, from which the new units would be accessed. In terms of ownership this is a civil matter between the relevant parties and is not a material planning matter which can be considered in the determination of this application. A condition should be attached which requires the bicycle parking be provided prior to the occupation of any of the units. - 6.7 Overall, it is considered given, the proposal includes secure bicycle parking within the site, the site is within walking distance town centre/public transport; and as there has been no objection from the Highway Services or neighbours, it is therefore concluded that the lack of off street parking provision in this case is acceptable and would not significantly affect on street parking in the locality.

7.0 RECOMMENDATION - 7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 2, Housing Policy 17 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and the Douglas Local Plan. Furthermore, significant weight is attached that the site has benefited from a very similar scheme which was approved under application 05/01047/B. Accordingly, for these reasons it is therefore recommended that the planning application be approved.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and therefore recommended for an approval.

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.

8.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application. The owner/occupier of Dusk Limited, 54 Duke Street, Douglas (owners of Nr 42 Broadway)

Recommendation Recommended Decision: Permitted

Date of Recommendation: 25.04.2016

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 the new apartments hereby approved, all alterations to the rear yards, including landscaping, planters, rear boundary wall, paving, improvements to yard walls, bin provision, motorcycle/cycle parking as shown in drawing P02 REV C is required to be completed and retained thereafter and available for use by all occupants of the apartments.

Reason: The application is only deemed acceptable with the provision of cycle parking and improvements to the rear yards to ensure the outlook and living standards of the occupants of the apartments is acceptable.

This approval relates to drawings reference numbers P01 REV B and P02 REV C received on 17th March 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 13.05.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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