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17/01028/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/01028/B Applicant : Nelly Christian Proposal : Alterations and refurbishment to create 10 bedroom hostel, including construction of a bike storage room, alterations to the existing side entrance, creation of 7 motorbike spaces in existing parking space, and installation of air source heat pumps Site Address : 38 Murrays Road Douglas Isle Of Man IM2 3HW
Case Officer : Miss S E Corlett Photo Taken :
Site Visit : 03.08.2017 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.11.2017 __
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. Prior to the occupation of any of the hostel rooms or use of the associated facilities, the motorcycle parking and cycle storage areas shall be provided and remain free from obstruction thereafter.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
C 3. The motorcycle parking areas as shown in the submitted plans shall not be brought into use until such time as a dropped kerb has been provided.
Reason: To ensure that the motorcycle parking areas are not used without the provision of a dropped kerb, which would enable the space to be accessed safely and to avoid damage to the highway. The advice and permission of the Department of Infrastructure is recommended in this respect.
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C 4. Prior to the installation of any air source heat pumps, the applicant must have had approved by the Department details of this equipment, including noise emission levels and the development must be undertaken in accordance with these details.
Reason: To control potential noise nuisance from this element of the development.
C 5. The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as separate dwelling units. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.
Reason: To ensure that the development is only used and occupied as short let holiday accommodation as proposed in the application.
N 1. It should be noted that the internal layout is not specifically controlled through the planning system and approval must be obtained under other legislation relating to fire safety, Building Regulation and tourist accommodation registration.
Plans/Drawings/Information;
This decision relates to drawings PL1004, PL1006A, PL1007A, PL1008A, PL1003A, PL1000, PL1001, PL1002, two drawings annotated PL1003, PL1008, PL1007, PL1006 and the site plan all received on 29th September, 2017.
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:
Manx Utilities
It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The owners of 7, 9, 13 and 42 Murray's Road who are sufficiently close to the site to be affected by any impact on traffic and parking.
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The owners of 19, 44 and 46, Murray's Road and 3, Grafton Street who are not considered to live sufficiently close to the site so as to be directly affected by the proposal.
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE LEVEL OF OBJECTIONS WHICH HAVE BEEN RECEIVED THE SITE
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17/01028/B Page 3 of 8
1.1 The site is the curtilage of an existing end of terrace dwelling which fronts onto the north eastern side of Murray's Road and sides onto the private access into Waverley Court old persons' accommodation. The dwelling is three storeys in height and has seven windows in the side of the main house and eleven and a door on the side of the rear annex facing onto the Waverley Court access. The arrangement of windows is symmetrical on the second and first floors but the windows on the ground floor do not match the position or size of those above. The windows are vertically proportioned and are currently plastic framed top hung casement opening types.
1.2 The property is one of very few properties in the street which have a pebble-dashed finish, the vast majority having their original smooth rendered and painted finish. The property is undergoing works which are covering over the dash in a matte, grey colour.
THE PROPOSAL 2.1 The property has planning approval for use as a House in Multiple Occupation through a Certificate of Lawfulness (16/01348/CLAW) and planning approval was recently granted under 17/00687/B for the conversion of the building to a tourist hostel. This is capable of being implemented until August, 2021.
2.2 Proposed now is its conversion to a tourist hostel containing 11 bedrooms along with the construction of a cycle storage room and alterations to the existing side entrance. The scheme differs from that already approved following reconsideration of the scheme by the Fire and Rescue Service, and resulting in the relocation of the reception to the back of the building and the inclusion of air source heat pumps. At the rear of the side of the building, the recycling bins have been re-positioned, the oil tank has been omitted, the toilets have been relocated from the rear to the ground floor annex on the side of the building. The proposed new single storey bike store on the side of the building is to be enlarged from 2.7m wide to 3.9m and instead of the sitting area and bar/reception, there will be a sleeping area with two 2 level bunk beds and four 3 level bunk beds with direct access to two toilets and two showers in the adjoining room (formerly the launderette). The communal kitchen will now be on the first floor at the front of the building, in place of a guest room which previously had a double bed, two 2 level bunk beds and a cot along with en-suite shower room. The launderette will be moved to the first floor at the back of the building in place of a guest room which accommodated a 2 level bunk bed and en-suite shower room.
2.3 Other internal changes include the clarification of the level of bunk beds in some of the rooms and the omission of the cots in others. The number of beds and cots would not usually be within the control of the planning application but rather the remit of the Department of Economic Development's Tourism Division, Fire and Rescue Service and Environmental Protection Unit in their registration of the facility.
2.4 Externally, the new side extension will be increased as explained in 2.2 above, and on the rear elevation facing towards the elderly persons' accommodation, two existing windows will be significantly reduced in size and two air source heat pumps installed. The front elevation is to be rendered and the side painted pebble dash.
2.5 The applicant suggested in the earlier application that this facility will relate to Department of Economic Development's 2016-2021 Destination Management Plan which includes a demand for family friendly accommodation and multi-generational holidays. She described the site as being a 5 minute walk from the Villa Marina bus stop and from where there is access to the airport, trams and buses and the applicant intends to make visitors aware of the Go Explore cards enabling them to travel on all bus and rail services. The applicant intends the hostel to be 4 star in quality and including a laundrette, communal kitchen, private kitchen, communal dining area, large sitting/business/reception area and separate men's and ladies' toilets on the ground floor and now to be more environmentally friendly.
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2.3 The layout shows the following:
Bedroom 1: two 2 level bunk beds and four 3 level bunk beds and en-suite (16 people) Bedroom 2: two bunk beds and en-suite (4 people) Bedroom 3: one bunk bed and en-suite (2 people) Bedroom 4: double bed, plus bunk bed with en-suite (4 people) Bedroom 7: king size bed and 3 level bunk bed (5 people) Bedroom 8: two 3 level bunk beds and en-suite (6 people) Bedroom 9: one 3 level bunk bed (3 people) Bedroom 10: bunk bed (2 people) Bedroom 11: double bed, single bed and e-suite (3 people) Bedroom 12: two bunk beds (4 people).
This is a total of 49 people compared with the earlier application which could have accommodated 39 people and 4 babies.
2.4 The rooms without en-suite facilities have a shower room with toilet on the same floor.
2.5 The front garden will be given over to a children's play area with motorcycle parking available on the corner of Murray's Road and the side road (although there is no dropped kerb to assist vehicles getting in and out of these spaces). A storage area for bicycles will be provided alongside the existing extension facing the side road in a new extension projecting out as far as does the existing annex. A seating area will be provided in the side garden which is enclosed by existing walling.
PLANNING HISTORY 3.1 Planning approval has been granted for a range of work to the property including blocking up other windows, removal of a chimney, replacement of the rear extension. Permission has also been granted for a range of different uses for this building - a residential nursing home, guest house, shop, residential accommodation and most recently a Certificate of Lawfulness of Use was granted for the use of the premises as a house in multiple occupation with self- contained, separate 1 bedroomed flat (16/01348/LAW) and alterations including the closing up of an existing window and the rendering over of the pebble dash finish and the hostel referred to in 2.1 above.
PLANNING POLICY 4.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Residential. Whilst the Ballaquayle Road Conservation Area lies nearby, the site itself does not lie within a Conservation Area.
4.2 As such, the appropriate Strategic Plan policy to be applied to this development is as follows:
General Policy 2: 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:
(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 and (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 and (i) does not have an unacceptable effect on road safety or traffic flows on the local highways."
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17/01028/B Page 5 of 8
REPRESENTATIONS 5.1 Douglas Borough Council indicates that they do not object to the application (18.10.17).
5.2 Highway Services indicate that they do not oppose the application, making the following comments:
"The proposal is to use a HMO/apartment block as tourist accommodation in the form of a hostel. The building is located at the end of a terrace of buildings and has no space for off street car parking; on street car parking is restricted by disc zone regulations. The proposal includes provision of off street motorcycle parking and bicycles will be provided for hire by residents. The applicant is committed to reducing journeys by car by promoting the use of public transport. The building is close to public transport links and has good pedestrian links with both services and tourist attractions. Any use of this building will generate pedestrian and vehicular traffic and there is no possibility of providing off street car parking. The applicant has made efficient use of the available outside areas to provide off road motorcycle parking and covered bicycle parking.
Highway Services does not oppose this application subject the following condition:
5.3 Representations have been received from a number of local residents at the following addresses
7, Murray's Road (26.10.17) which is opposite the site 9, Murray's Road (17.10.17 and 01.11.17) which is opposite the site 13, Murray's Road (24.10.17) which is opposite the site 19, Murray's Road (25.10.17) which is slightly uphill from the site on the other side of the road two letters from 42, Murray's Road (16.10.17) which is next door but one to the premises 44, Murray's Road (23.10.17) which is next door but two 46, Murray's Road (19.10.17) which is next door but three to the application site.
There is also an objection from 3, Grafton Street (17.10.17) which lies to the south and a couple of streets away.
These parties object to the application on the basis that there is already an amount of empty hotel and guest houses in Douglas and this is likely to result in this proposed accommodation becoming such for contract workers. They have concerns that this is not appropriate in a residential area, particularly as it includes a bar, outside barbecue area and parking within the pavement, and worry about the incidence of a number of strangers in the area in respect of children who live in the area and who walk to and from the local school. They point out that the area is generally short of parking spaces which leads to side lanes being used which has the potential to block access for emergency vehicles. They express concern at potential fire risk, noting that concerns have already been raised by the Fire Officer and at the impact of the development on property prices (which is not a material planning consideration). Some objectors believe that it is not in the public interest to approve the application. They are concerned that there is already limited parking available in the area and this is while the application property is vacant. They believe that only 1% of road users are motorcyclists (according to think.direct.gov.uk/motorcyclists - this website could not be found but it is noted that this is a UK not an IOM figure [the 2011 census reported that for a census population of 85,716 persons/resident population of 84,497 persons, there were 6,260 motorcycles]) and ask how many people outside of TT will use motorcycles as their form of transport and where the occupants will park: they ask specifically what due diligence has the applicant and the decision
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maker done in understanding the potential impact of parking and additional traffic on the area. They advise that the parking issue has been raised with the police and they understand that they have advised DoI to introduce additional yellow lines and send out additional parking attendants. They recommend that a review of parking and traffic over different intervals is undertaken. They express concern about noise nuisance of the occupants and their vehicles coming and going to local residents, including young children and older people in the nearby home and the visual impact of the proposed play area as well as the audible nuisance from the heating systems. They ask whether there is a need for this type of establishment, particularly in the light of vacancy levels in local hotels and bed and breakfasts. They wonder whether if the tourist accommodation is not successful, whether the facility could then be used by those with social or behavioural issues or those released from prison. This would be a grave concern. They believe that local people would not object to the conversion of the building to three or four good quality flats. They provide a photograph of a rear lane being blocked by at least two parked vehicles (17.10.17).
5.5 The applicant has responded to the objections, providing a memorandum explaining how the facility will be run, clarifying that she has not yet decided whether alcohol will be served on the site but advises that if she applies for a licence, this will be advertised and people can make their views known at that time. She confirms that she is a mother of two young children and intends the facility to be eco-friendly, hearing-deficiency friendly and family-friendly and she aims to get 4 stars and that the hostel regulator has been at the property and has confirmed that she is on the right path for achieving this level of quality (23.10.17). She also clarifies that the visitors will not be entitled to a parking permit which may ease traffic and parking issues (01.11.17).
5.6 Manx Utilities confirm that they have no objection to the application (26.10.17).
ASSESSMENT 6.1 The issue in this case is whether the proposal to create 10 bedrooms of hostel accommodation would be acceptable in terms of the impact on those living in adjacent properties, highway safety and whether the proposals for parking would have any impact on the visual character of the property and the area in general. The starting point is always to compare the impact of what is proposed with what could legitimately happen without the need for any further planning approval. In this case, the property is authorised through a Certificate of Lawful Use, for use as a House in Multiple Occupation - perhaps the use which objectors fear it could become through the approval of this application. The property could also legitimately be used for a hostel with a slightly different layout, although the Fire Officer has indicated that the layout shown there is not now acceptable to them. It is not clear whether internal re-arrangements could have been undertaken which would address this without the need for a further planning application (see paragraph below). Neither the application for the Certificate of Lawfulness nor that for the change of use from the HMO to the tourist hostel met with any local objection: the local authority in fact wrote in in support of the latter application in the initial application, on the basis that it increases the range of tourist accommodation offered in Douglas, is bringing use back to an old building and contains sustainable, innovative features. Douglas Borough Council raises no objection to the current application.
6.2 It is important to bear in mind that whilst such accommodation would require registration with and accordance with the standards of Department of Economic Development Tourism Division, if the internal layout does not comply with their standards and regulations but could be changed, without material change to the thrust of what is being proposed, without the need for any further planning approval (internal changes do not generally require planning approval) then non-compliance with these regulations would not be a reason for refusal as it would refer to other legislation.
6.3 The issue is whether it is acceptable in planning terms to have an 10 bed tourist hostel here in place of a 12 bed House in Multiple Occupation with integral apartment.
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6.4 The site is a good one in terms of access to facilities and public transport and the proposal involves sustainable transport (bicycle and motorcycle parking) rather than reliance upon the private car. Whilst local residents have raised concern about where occupants will park, it is perhaps less likely that people on holiday will have a private vehicle than a permanent resident in an HMO. Whilst there may be insufficient parking provided in respect of the property, it is more appropriate to compare the impact of the proposed use with that of the authorised use than to simply assess the proposal as if the building were not used at all and had no implications for vehicle parking.
6.5 The continued use of the building should be encouraged and in order to be attractive to tourists it will need to be well maintained and managed, as opposed perhaps, to its use as an HMO where such residents have less choice in their place of residence. The proposed use as tourist accommodation is considered more suitable for the location and the application is recommended for approval.
CONCLUSION 7.1 The application is supported. The registration with DED and the relevant Environmental Health regulations will ensure that the premises are occupied by visitors rather than as permanent residences, however, if necessary, a condition could be attached which limits the length of stay of any occupants to reinforce this.
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 decision-maker must determine:
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 : ...Permitted.. Committee Meeting Date:...13.11.2017
Signed :...S CORLETT... 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 See below
Customer note
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