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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No.: Applicant: Proposal: 14/00835/B Hanover Developments Ltd Erection of an apartment block to provide 15 apartments with basement parking (amendment to PA 08/01839/B of building under construction) to amend position of disabled access ramp, bln store and associated landscaping and to include for structural support to balconies 43 - 49 Tynwald Street Douglas Isle Of Man IMl IBQ Site Address: Case Officer: Photo Taken : Site Visit: Expected Decision Level: Mr Edmond Riley 30.07.2014 30.07.2014 Planning Committee Officer's Report THE APPLICATION IS BROUGHT BEFORE PLANNING COMMITTEE AS MORE THAN 8 RESIDENTIAL UNITS ARE PROPOSED AND ALSO BECAUSE THE APPUCATION IS RECOMMENDED FOR APPROVAL SUBJECT TO THE SATISFACTORY SIGNING OF A LEGAL AGREEMENT 1.0 THE SITE The application site is a vacant piece of land situated on the south eastern side of Tynwald Street in Douglas, albeit that work has begun on a previous planning approval here. To the northeast of the site is another vacant site while to the northwest Is Tynwald Street itself, beyond which is a contemporary block of flats. To the south and southwest Is a children's playground, white to the rear of the site to the east is a library. 1.1 2.0 PROPOSED DEVELOPMENT Full planning approval is sought for the erection of an apartment block containing 15 two bedroom apartments together with 15 underground parking spaces. The building would be a 5 storey building with a mansard roof, part of which would be a roof terrace. The height of the building would be 13.9m to the top of the mansard roof. The building would be finished with plain sand/cement render, which would be painted. The roof of the building would have a slate finish, which would Incorporate a number of dormer windows. 2.1 This proposal is an almost identical scheme to one approved on the site in 2010, but comprises some alterations to that scheme to amend the position of the disabled access ramp and bin store and also to make alterations to the landscaping; structural support to balconies is also proposed. In all other matters, the submission is identical to that previously approved and currently under construction. It is understood that the changes proposed are required to reflect Building Control Regulations. 2.2 9 September 2014 14/00835/B Page 1 of 8

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3.0 PLANNING HISTORY PA 08/00554/B granted approval for the creation of temporary car park, while PA 08/01839/B granted approval for, as noted, a broadly identical scheme to that now proposed. This second application was approved in March 2010. 3.1 4.0 THE DEVELOPMENT PLAN The site is situated within an area zoned as predominantly residential within the Douglas Local Plan. 4.1 4.2 Within the Isie of Man Strategic Plan, several following policies are considered to be relevant: General Policy 2; Environment Policy 42; Housing Policies 5 and 6; Recreation Policy 3, and Transport Poiicies 4 and 7. General Policy 2 states (in part): "Development which is in accordance with the iand- use zoning and proposais in the appropriate Area Plan and with other poiicies of this Strategic Plan will normally be permitted, provided that the development; 4.3 (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;” Environment Poiicy 42 states; "New deveiopment in existing settlements must be designed to take account of the particular character and identity, in terms of buiidings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." 4.4 Housing Poiicy 5 states: "In granting planning permission on land zoned for residential development or in predominantiy residentiai areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy wiil apply to developments of 8 dwellings or more". 4.5 Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with criteria in paragraph 6.2 of this plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive." 4.6 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity area as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 of the Plan." 4.7 Transport Poiicy 4 states; "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development In a safe and appropriate manner, and in accordance with the environmental objectives of this pian." 4.8 9 September 2014 14/00835/B Page 2 of 8

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Transport Policy 7 states: "The Department will require that in alt new development, parking provision must be in accordance with the Department's current standards." 4.9 5.0 REPRESENTATIONS 5.1 Highway Services do not oppose the application. 5.2 Douglas Borough Council has not commented on the application. The Department of Health and Social Care have provided a Memorandum, outlining the need for an updated legal agreement to cover the affordable housing requirement. They consider that an modified version of the Section 13 Agreement prepared in respect of the 2008 planning application would suffice and make no request for alternative or additional provision above that gained previously. 5.3 The Manx Utilities Authority request that the applicant contact them to discuss the electricity supply for this application, 5.4 6.0 ASSESSMENT As noted, the changes proposed are relatively minor in scope relative to the previous approval. A bin store is to be provided in the "undercroft level", whereas the previously- approved location was directly adjacent, and perpendicular to, the Tynwald Street highway. The wheelchair access ramp, which was approved to slope upwards to the first floor, is now proposed to slope downwards to the undercroft level and on a much gentler slope than that previously approved in the upward direction. Finally, supporting beams are shown between the balconies. These would provide additional strength that the approved cantilever-style balconies would not have. In all these respects, the proposal is considered unobjectionable and, in many ways, an improvement over the previous scheme; the following paragraphs outline the reasoning behind this judgement. 6.1 The new access ramp would have a less steep gradient to the benefit of both wheelchair users and the able-bodied. The extant approval had a gradient so steep that during poor weather it could have become difficult even for the able-bodied to use. 6.2 The bin store is in a position considered acceptable by Douglas Borough Council; the bins would be stored externally and beneath balconies and windows of the proposed flats and could cause an issue in respect of smell and/or noise disturbance. However, while internal or covered storage might be preferred, it is not considered that this is a serious enough issue on which to raise an objection. 6.3 Finally, the beam supports are considered to be a relatively minor physical addition that do not significantly - or unduly - affect the appearance of the proposed building. No objection is therefore raised on this point, either. 6,4 Turning to the application as a whole, it should first be noted that the Development Plan has not altered since the time of the previous approval: it still comprises the Douglas Local Plan Order 1998 and the Isle of Man Strategic Plan 2007. There have been no appeal decisions issued, nor representations received, to indicate that there should be an alteration to the nature of the assessment of the application on this occasion. 6.5 For completeness, however, it is considered appropriate to re-visit the assessment 6.6 made in 2008, The main considerations in assessing this application are: (1) suitability of the land use; (2) visual impact on the locality; (3) whether the development would impact on the 6.7 14/00835/B Page 3 of 8 9 September 2014

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neighbouring properties; (4) whether the development would have sufficient parking provision; (5) whether affordable housing is provided, and (6) whether open space provision would be provided, The following paragraphs deal with these issues in the above order, followed by consideration of other matters of detail, The development is compatible with the area since the area is zoned as predominantly residential in the Douglas Local Plan. It is considered the principle of developing the site for residential use to be acceptable in this locality. 6.8 In respect of the visual amenities of the Tynwald Street, there is a mixture of house types within the street ranging from traditional terraced properties to the flats on the corner of Tynwald Street and Westmoreland Road. The proposed building would be a similar height to these flats. The design of the building would add further architectural variety to the street scene. The site is currently a piece of disused land, which currently impacts negatively on the visual amenities of the locality. This proposal, which would provide an attractive and relatively high quality development, would improve the character of the area. 6.9 6.10 In respect of the impact on the residential block containing flats 1-22 Tynwald Street, the application site is set to south east of the building. The proposed building would be set 14m and 20m away from the south east facing elevation of the adjacent fiats. The nearest elevation to the adjacent flats would contain obscure glazing in an effort to prevent any overlooking and loss of privacy. The distance of 14m is fairly average between properties in built-up areas such as this, and it is possible that the use of obscure glazing might negatively affect the future occupiers' amenity. 6.11 The agent was contacted on this point and although there was some agreement that a clear-glazed approach might be more appropriate, the stage that the on-site works are at meant that a time delay prevented the submission of an amended plan. It was noted that a future amendment to remove the windows might be forthcoming as part of a separate application. On this point, no objections have been received to the planning application, and nor 6.12 were any received to the previous scheme - although in both the submitted plans showed obscure glazing in these windows and it may be that the lack of objection reflects the importance of these windows being obscure glazed. In any case, it is not considered that it would be reasonable - or even wholly appropriate - to refuse the application on the basis of the obscure-glazed windows given the previous approval here. 6.13 the flats opposite; however this would be unlikely to result in direct overlooking of the flats. Overshadowing from the proposed apartment block onto the existing flats of Tynwald Street would occur but it is considered the respective 14m and 20m gaps between the two buildings would mitigate any impact. The balconies on the western corner of the building might allow some views across to 6.14 In respect of Nos. 9 and 10 Westmoreland Road, the application site is set to the north east of these properties. The proposal would be set 35m from any habitable windows on the front elevation of Nos. 9-10 Westmoreland Road. The design and siting of the building is unlikely to result in direct overlooking of the dwellings. It is considered that any impact from overlooking, loss of privacy and overshadowing would be insignificant. 6.15 west. The proposal would be set 19m away from the dwelling. The proposal would not have any windows on the side elevation facing towards the dwelling. It is considered that any impact from overlooking, loss of privacy and overshadowing would be insignificant. In respect of the impact on 35 Tynwald Street, the application site is set to the south 9 September 2014 14/00835/B Page 4 of 8

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6.16 The car parking standards set out in Appendix 7 of the Isle of Man Strategic Plan 2007 require one space for one bedroom apartments or two spaces for apartments with two or more bedrooms. This application is proposing to create 15 two bedroom apartments which would equate to a requirement for 30 car spaces; however, the plans indicate that 15 on-site car parking spaces would be provided. Of the 15 spaces being provided, one (no, 15) has somewhat limited space to accommodate a car due to its irregular shape, which is dictated by the shape of the building, It is considered that 14 spaces are usable for cars; however the one restricted space could be used for a pair of motorbikes. The site cannot physically provide any further car parking spaces within the submitted scheme. The Strategic Plan states that "car parking standards may be relaxed where the 6.17 development 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". The application site is 155m from Circular Road, 48m from Westmoreland Road and 198m from Bucks Road. These roads serve main bus routes into and out of Douglas. The applicant has not demonstrated that the reduced level of parking will not result in unacceptable on-street parking in the locality - however, it must be acknowledged that the site is situated within the Island's main town and close to local amenities. Furthermore, the development would also be providing bicycle racks, which would help to promote other modes of transport. The agent has also identified that two private car parks are within 100m of the site, one on Tynwald Street and one off Circular Road, so if the occupiers of the proposed apartments for whatever reason felt the need for more than one car per dwelling they could make their own arrangements to use the contract parking facilities. 6.18 In summary, the proposed parking provision does not accord with the standards in the Strategic Plan. However, the site is located within a town centre location where the provision for car parking within developments will be limited. It is considered that the reduced car parking provision and the provision of 10 bicycle spaces, which would help to promote sustainable transport objectives, represents and acceptable compromise. 6.19 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 25% 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 four units. The applicant has been advised of this, and indicated that the previous legal agreement would not alter. There would be a requirement for a new Section 13 Agreement to ensure that 4 units are set aside for affordable housing purposes, and the DHSC has indicated that they would be content with an agreement along the lines of the previous one. In assessing the open space provision, the provision depends on the number of 6.20 bedrooms within the dwelling. The overall open space provision for this development is as follows: 15no. two bedroom dwellings x 64 sqm = 960 sqm of open space 0 6.21 Appendix 6 of the Strategic Plan states that: "Once the open space requirement has been established it is then necessary to determine how the open space will be provided. There are three possibiiities: (1) Provided on-site; (2) Provided off-site but adjacent or dose to the deveiopment, or (3) Provided by payment of a commuted sum to enable the Local Authority to provide the open space on behalf of the developer. "Where possible, open space should be provided in the first instance on-site or off-site where this would improve the quality of the development and the open space provided. Where the first two options are not practical then commuted sums will be considered." 9 September 2014 14/00835/B Page 5 of 8

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6.22 The application is not proposing to provide any on-site or off-site provision. Discussions with Douglas Borough Council during the course of the previous application yielded a figure of £30,000 as being an appropriate contribution towards improvement works in respect of the neighbouring playground. It is understood that this payment has already been made in respect of the previous legal agreement and planning approval and, therefore, the issue of open space has been satisfactorily resolved. 7.0 RECOMMENDATION It is recommended that Planning Committee delegate to officers the granting of planning approval subject to the satisfactory completion of a Section 13 Agreement in respect of affordable housing, and subject to conditions. 7.1 8.0 INTERESTED PERSON STATUS In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits. 8.1 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and Article 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: 8.2 The Department of Health and Social Care 0 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and Article 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: 8.3 The Manx Utilities Authority 0 Recommendation Recommended Decision: Permitted Date of Recommendation: 26.08.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals 9 September 2014 14/00835/B Page 6 of 8

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C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. To comply with article 14 of the Town and Country Planning (Development Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C2. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety. C3. The development shall not be occupied or operated until the secure and covered bicycle store and/or motorcycling parking bays(s) have been provided in accordance with the approved plans. The secure and covered bicycle store and/or motorcycling parking bays shall be retained at all times thereafter. Reason: To promote sustainable travel in the interests of reducing pollution and congestion. C4. None of the residential units hereby approved shall be occupied until bin storage facilities have been provided in accordance with details which have been submitted to and approved in writing by the Planning Authority. The facilities so provided shall be retained thereafter. Reason: In the interests of residential amenity for future occupiers of the residential units hereby approved. C5. None of the residential units hereby approved shall be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans. Those means of access shall thereafter be kept available at all times for their respective purposes. In the interests of residential amenity for future occupiers of the residential Reason: units hereby approved and also in the interests of pedestrian and highway safety. This approval relates to the following plans, date-stamped as having been received 14th July 2014: 766/001 Rev B, 766/002 Rev C, 766/003 Rev B, 766/004 Rev B, 766/005 Rev B, 766/006 Rev C, 766/007 Rev C, 766/008 Rev C, 766/009 Rev B, 766/010 Rev A, 766/011 Rev A and 13071 01. 9 September 2014 14/00835/B Page 7 of 8

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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: Committee Meeting Date: Signed :... Presenting Officer Further to the decision of the Committee an additional report/condition reason is requiredi signing Ofncer to delete as appropriate NOT 9 September 2014 14/00835/B Page 8 of 8