Loading document...
==== PAGE 1 ====
16/01163/B
Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01163/B Applicant : Westminster Associates Limited Proposal : Conversion of existing hotel/guest house to provide nine apartments and office accommodation Site Address : Marina Hotel 47 Loch Promenade Douglas Isle Of Man IM1 2LZ
Case Officer : Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL IS FOR MORE THAN 8 RESIDENTIAL UNITS AND THEREFORE A SECTION 13 AGREEMENT IS REQUIRED FOR AFFORDABLE HOUSING PROVISION
1.0 THE SITE 1.1 The site represents the curtilage of Marina Hotel, 37 Loch Promenade, Douglas. The site is situated to the western side of the highway. The building is a six storey (including basement level and accommodation within roof space) traditional mid terrace property with a single three storey bay widows running from basement level to the 2nd floor level. The roof of the property has been altered a number of years ago with the installation of a Mansard roof enabling accommodation within the roof space.
1.2 The building retains the decorative detailing around the doors and windows which can be found along all the properties within the same terrace, including timber sliding sash windows.
2.0 THE PROPOSAL 2.1 The application seeks full approval for the conversion of existing hotel/guest house to provide nine apartments and office accommodation.
2.2 In relation to external works, the main alterations are to the front elevation which are: a) Removal of the existing Mansard roof and replacement with a glass curtain wall setback between 1 and 1.6 metre from the front elevation. These works also include the re-instatement of the original render finished arched heads above the third floor windows. New glazed frameless balustrades would be set behind the re-instated arched heads which provides a small balcony area behind; and b) Windows to front elevation replaced with uPVC sliding sash windows, which include arched headed windows to the first and second floors to match existing.
2.3 Works to the rear elevation include the erection of a six storey rear extension which essentially infills the existing rear yard area, between the existing rear outriggers.
2.4 Regarding the conversion of the building the proposed office use would be located to the basement area, whilst the ground, first and second floors would each have two, one bedroom apartments on each level, with a single, two bedroom apartment at fourth floor (within roof space). All apartments would have views from their lounge/dining areas via the windows to the front elevation and therefore would afforded sea views. All units, including the office use, would share
==== PAGE 2 ====
16/01163/B
Page 2 of 7
the main entrance to the front elevation and a rear access to the rear lane where a bin store and cycle parking can be found. Access to all floors is provided via a staircase as well as a lift.
2.5 No parking is provided within the application site.
3.0 PLANNING HISTORY 3.1 There have been a number of planning applications associated with the property and the following are considered relevant in the determination of this application:
3.2 Approval in principle for change of use to apartments, health club and caretakers flat - 94/01841/A - APPROVED
3.3 Approval in principle for change of use from hotel to health club, bistro, offices, and caretakers flat - 94/01352/A - REFUSED
3.4 Approval in principle for demolition of existing hotel and erection of 12 residential apartments - 91/00754/A - APPROVED
3.5 Internal alterations and additions to provide en-suite bathrooms - 85/01114/B - APPROVED
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area designated as "Predominantly Tourism" 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 2016 are considered relevant:
4.3 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
4.4 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."
4.5 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;
==== PAGE 3 ====
16/01163/B
Page 3 of 7
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."
4.6 Housing Policy 5 states: "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."
4.7 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."
4.8 Transport Policy 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 plan."
5.0 CONSULTATIONS 5.1 DOI Highway Services comment (01.11.2016): "The proposal is to convert an existing hotel on Loch Promenade to apartments and office accommodation.
The existing building has no car parking provision and it is not possible to provide on-site car parking although covered bicycle parking is provided. There will be 1 studio apartment, 7 x 1 bedroom apartments, 1 x 2 bedroom apartment and the basement will be office space.
Regardless of the use of this building there will be vehicle generation and a car parking demand. The building is located within Douglas town centre with good access to all services, public transport links and employment opportunities, there is also public parking available close by.
The Strategic Plan encourages sustainability when locating residential development and it is hard to find a more sustainable location than Douglas town centre.
Highway Services does not oppose this application."
5.2 Douglas Borough Council has no objection (on 01.11.2016) but comment that the proposal may not be ideal for affordable housing.
5.3 DOI Housing Division (on 11.11.2016): "Further to your email of the 14 October 2016, we confirm that we have looked at the above application and we have considered the provision of the 25% affordable housing requirement.
Current data drawn from Housing Division records for the Eastern area (including Douglas, Onchan and Braddan) indicates that there are 55 persons on the active first- time buyer register, with a further 205 persons on the first-time buyers register who intend to purchase homes at some future point. These numbers are not indicative of final purchases as the ability to progress to completion will depend upon personal circumstances and mortgage ability at point of allocation.
==== PAGE 4 ====
16/01163/B
Page 4 of 7
There are currently 725 persons on the general affordable homes for rent waiting list on the Island, of whom 505 are seeking public sector housing for rent in the Eastern area, including Douglas, Onchan and Braddan.
The proposed floor plans indicate that there are nine apartments included in the scheme, eight of which are one bedroom units and have gross internal floor areas which are below the preferred floor space criteria set down in The Design Guide - Affordable Housing Standards. The eight units referred to above are accordingly not ideal for use as Affordable Homes for Rent or as First Time Buyer units, therefore the Department requests that consideration be given by the Planning Committee to include a requirement, in respect of any approval granted for this site, for the applicant to enter into a Section 13 Agreement with the Department to provide Commuted Sums in lieu of Affordable Housing. Such Commuted Sums will be placed in the Department's Housing Reserve fund and will be used to provide affordable housing on other qualifying sites.
Thank you for giving us the opportunity to comment on this application."
6.0 ASSESSMENT 6.1 The following issues are relevant in the determination of this application; (a) principle of developing the site for residential/office purposes; (b) potential impact upon highway safety/parking provision; (c) provision of affordable housing; (d) potential amenities for future occupants.
PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES 6.2 As stated earlier in this report, the application site is located within a wider area of land that is designated as predominantly tourist use under the Douglas Local Plan. However, it is noted that permission for residential development has been granted in recent times to a number of properties along the Promenade. Furthermore, the use states 'predominantly' which therefore suggest scope for some uses to be allowed not necessary in line with this land use designation. The test perhaps is whether such uses are appropriate for this site and therefore further site specific impacts as listed above need further consideration to determine whether the proposal would be suitable.
POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION 6.3 Turning to the impact on highways, the key issue to consider is car parking provision. If this were a new development for nine apartments and an office then a total of 11 parking spaces would be required to be provided on site. The proposed cannot provide any spaces within the site, nor did it when the hotel operated as a hotel. For reference the original hotel had a total of 25 bedrooms. Applying the current parking standards a total of 25 spaces would have been required (i.e. one space per guest bedroom). It could be argued the proposed use has the potential for generating less parking requirements than when the building operated as a hotel.
6.4 However, the Strategic Plan does indicate 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 applicants have commented that the building is within walking distance of the main shopping centre and business district on the Island and therefore persons could walk to these facilities for shopping and employment. Furthermore, the site is on a main bus route and close to the main bus station. They also indicate that when the building operated as a hotel, there were a number of staff as well as guests and daily deliveries which would have required parking.
==== PAGE 5 ====
16/01163/B
Page 5 of 7
6.6 The Highway Services have considered the information submitted and have raised no objection to the proposal.
6.7 Overall, it is therefore concluded that the lack of off street parking provision in this case is acceptable and would not significantly effect on street parking in the locality.
POTENTIAL IMPACT OF THE WORKS TO THE CONSERVATION AREA 6.8 When considering any application within a Conservation Area the Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2007). This policy indicates that development within Conservation Areas will only be permitted if they 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.
6.9 The existing facade of the building is original and retains the majority of the existing decorative features. The removal of the timber sliding sash windows and replaced with uPVC sliding sash windows is not ideal in terms of the uPVC finish rather than timber. However, this has become accepted in Conservation Areas for a number of years, with the method of opening (i.e. sliding sash) being the overriding issue. Give the proposal includes sliding sash windows with the correct '50/50' split window arrangement; it is considered that this aspect would preserve the Conservation Area.
6.10 Arguably the existing Mansard roof to the fourth floor with four square roof light windows within the front roof plane of the Mansard roof is one of the most adverse and incongruous features within the street scene and the Conservation Area. Its removal is not only supported by the Planning Directorate, but celebrated as well. It's removal and replacement with the proposed glass curtain wall, set back, will be a vast enhancement to the Conservation Area. It should be noted that it would be unlikely the Planning Directorate would support the new proposed roof scheme on other properties within the Terrace; however, given the existing situation it is considered on this site to be an improvement.
6.11 The proposed glass curtain wall will sit in line with the existing front wall of the two chimney breasts which sit at each end of the property. This will in turn significantly reduce the roof mass over the existing Mansard roof which currently projects forward of the chimney breasts. The proposal would also reinstate the three arched heads above the fourth floor windows which again will be an enhancement to the Conservation Area and individual building.
6.12 The glazed frameless balustrade set behind the arched heads will be apparent, as will the new glazed curtain wall from the Promenade. However, the frameless glazing will not draw the eye in the way that the mansard roof doesand will certainly reduce the roof mass. Accordingly, it is considered the works to the roof would be an enhancement to the individual property, the street scene and the Conservation Area.
6.13 The rear six storey extension, would essentially form an infill development between existing outriggers. Accordingly, the proposed works will have no significant impact to the Conservation Area or to neighbouring properties' amenities.
6.14 Overall, whilst there are a number of alterations and additions to the existing building, it is considered the works proposed are appropriate and beneficial to the individual building and terrace/street scene and would enhance the Conservation Area. Accordingly, the external alterations would comply with Environment Policy 35.
PROVISION OF AFFORDABLE HOUSING
==== PAGE 6 ====
16/01163/B
Page 6 of 7
6.15 As stated within Housing Policy 5, there is a general requirement that 25% of provision should be made up of affordable housing when there are 8 or more dwellings. In this case the proposal is for nine units which equates to 2.25 units.
6.16 The DOI Housing Division have commented that the proposed floor space are "below the referred floor space criteria set down in The Design Guide - Affordable Housing Standards". The apartments proposed have floor areas between 32sqm and 64sqm. Accordingly, the Housing Division recommend that a Commuted Sums in lieu of affordable housing is provided, rather than the individual units within the site. The applicant is happy to provide the required commuted sum payment.
POTENTIAL AMENITIES FOR FUTURE OCCUPANTS 6.17 As outlined within Housing Policy 17 each apartment needs to have a "pleasant clear outlook, particularly from the principal rooms". Each apartment in this case would obtain views from the main principle living spaces from the front windows which overlook the Promenade and have sea views. This is considered acceptable in this case. Whilst the floor areas of the apartment do not meet the 'preferred standards' of the Housing Division in relation to affordable housing, they are still of an acceptable size and would meet the requirements of Environmental Health.
6.18 Each apartment would have its own bin store, and cycle parking provision will be of benefit to the occupants of the flats. Overall it is considered the proposal would comply with Housing Policy 17.
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 2016 and the Douglas Local Plan and it is therefore recommended that the planning application be approved.
8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: o The applicant, or if there is one, the applicant's agent; o 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; o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and DOI Housing Division o 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:
Approve subject to Legal Agreement Date of Recommendation: 21.11.2016
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
==== PAGE 7 ====
16/01163/B
Page 7 of 7
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. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the glazing curtain wall, frameless balustrades and roof finishes of the projecting and overhanging roof, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and the Conservation Area.
C 3. The re-instated arch heads above the three fourth floor windows are required to be finished with a paint render matching the existing building.
Reason: In the interests of the character and appearance of the site and the Conservation Area.
This approval relates to drawings reference numbers Location/Site Plan, E02.07.10.16, E03.07.10.16, E04.07.10.16, E05.07.10.16, E06.07.10.16, E07.07.10.16, P01.07.10.16, P02.07.10.16, P03.07.10.16, P04.07.10.16, P05.07.10.16 and P06.07.10.16 all received on 10th October 2016.
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Approve subject to Legal Agreement
Date : 28/11/16
The matter was considered at a meeting of the Planning Committee 28th November 2016, where it was minuted that once the legal agreement under S13 of the Act was concluded the application could be formally determined under delegated powers.
Application approved by Determining officer
Signed : J CHANCE
Jennifer Chance
Director of Planning and Building Control
Date 24.05.2017
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.
Copyright in submitted documents remains with their authors. Request removal