Officer Report

Application No.: 17/00820/B Applicant: Mr Steven Burke Proposal: Creation of parking to rear yard and additional use of ground floor shop (Class 1) as living accommodation Site Address: 5 Brunswick Road Douglas Isle Of Man IM2 3LH Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.09.2017 _________________________________________________________________

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. The ground floor of the site may either be used as a single shop with associated store/office accommodation or as living accommodation associated with the upper floor dwelling as a single dwelling.

Reason: It is not considered that a mix of users would result in an acceptable level residential amenity standards.

• C 3. For the avoidance of doubt the additional ground floor living accommodation (if used as such) must only be used for domestic purposes incidental to the existing main dwelling house, (Nr 5 Brunswick Road) and shall not be occupied as an independent dwelling unit, for no commercial purposes and only in accordance with layout shown on plan 2A received on the 1st August 2017.

Reason: To safeguard the residential character and amenities of the existing property and potential there is insufficient off road parking spaces provided for two separate dwellings. Furthermore the application does not propose to create separate units of accommodation within the site and has not been considered as such.

Plans/Drawings/Information;

This approval relates to drawings reference numbers 1, 2A, 3 and 4 all received on 1st August 2017. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of an existing property, 5, Brunswick Road, which sits on the corner of Brunswick Road and a lane which stretches from Woodbourne Road through to Alexander Drive. - 1.2 The property has two storeys of accommodation; the ground floor last being used as Newsagents (Class 1) accommodation and associated storage/shop office and the first floor being used as a single dwelling. - 1.3 Currently the property has a pair of doors which give access from the rear yard to the side lane which runs along the southern wall of the property.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the creation of parking to rear yard and additional use of ground floor shop (Class 1) as living accommodation. Discussions with the applicants agent (16/08/17) it is confirmed that either all the ground floor would be used as a shop (as existing), with the exception of the hall way and entrances or all used as living accommodation associated with the upper floor dwelling. - 2.2 The proposal includes the creation of a new vehicle access with shutter doors to the rear lane. This lane also serves a number of garages and rear access to properties along Brunswick Road.

3.0 PLANNING STATUS AND POLICY - 3.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Residential. The site is within a Conservation Area. - 3.2 The Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application: - 3.3 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."

3.4 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."

- 4.0 PLANNING HISTORY

4.1 This property has been the subject of the following previous application: - 4.2 Installation of replacement windows - 17/00675/B - APPROVED

- 5.0 REPRESENTATIONS

5.1 Douglas Borough Council indicates that they do not oppose the application (received on 24.8.17) and suggest a condition that the ground floor residential space can only be used in conjunction with and as additional space to the existing accommodation within the property and not used as a separate residence - 5.2 Highway Services do not oppose (received on 05.09.2017) making the following comments:

The proposal is to allow an additional use of a shop as residential accommodation and includes the provision of a double garage. The garage will access onto a lane at the rear of the property. There are currently 2 gates accessing this area from the side lane; these gates are being retained as an alternative access to the garage should they be required.

The property consists of a shop and storage on the ground floor and residential accommodation on the 1st and 2nd floors; there is no off street car parking provided. There is to be no change to the top 2 floors. The proposal will result in additional residential accommodation on the ground floor that the strategic plan requires 2 parking spaces. The proposed garage will provide these parking spaces.

Highway Services does not oppose this application."

- 6.0 ASSESSMENT

6.1 Firstly, it is noted that the property is likely to have been originally built and used as a single dwelling, which is also the general characteristics of the use of the neighbouring properties within the same terrace. However, historically the ground floor of the property has

• been converted and an enlarged shop front has been installed to provide separate access and additional floor space with large glazed windows for a shop (Newsagent’s).
• 6.2 In terms the use of the ground floor as either being used as a shop or as living accommodation there are no concerns. Concern would only arise if there was a mix of uses i.e. shop and living accommodation occurring at ground floor level. However, a condition can be attached which requires either all the ground floor being used for shop purposes (single shop) or all being used as living accommodation in association with the existing dwelling at first floor level. Such a condition is acceptable to the applicants.
• 6.3 The removal of part of the rear stone painted render boundary wall and replaced with a shutter doors is acceptable. The area to the rear of the application site is characterised mainly with garage openings and the area is not an important aspect to the character and quality of the Conservation Area, that being the frontage of the properties and the main street scenes.

- 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved. - 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The Planning Committee must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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: 11.09.2017 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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