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16/00946/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00946/B Applicant : Kirindolam 2 Limited Proposal : Conversion and erection of extension to former nursing home to provide thirty four residential apartments Site Address : Saddle Mews Nursing Home Groves Road Douglas Isle Of Man IM2 1HY
Case Officer : Miss Abigail Morgan Photo Taken : 18.01.2017 Site Visit : 18.01.2017 Expected Decision Level : Officer Delegation
Officer’s Report
THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE DUE TO THE NUMBER OF REPRESENTATIONS RECEIVED
1.0 THE APPLICATION SITE 1.1 The application site comprises the old nursing home at Saddle Mews, Groves Road Douglas adjacent to the NSC. The building was built in the late 1980s/early 1990s. Predominantly red brick the building is characterised by its mansard style roof
1.2 The building is 3 storeys accessed directly off Groves Road, with an access to the west of the application site to part of Saddle Mews Retirement Village.
2.0 THE PROPOSAL 2.1 The proposal comprises conversion and erection of extension to former nursing home to provide thirty four residential apartments, consisting of 33 1 bed studio apartments and 1 x 2 bed apartment. The studio apartments range in size from 30sqm to 34sqm and the 2 bed apartment is 46sqm. Under Housing (Standards) Regulations 2013 the studio apartments would be maximum occupation 1 person and the 2 bed 2 persons. To be operated as managed and serviced accommodation.
2.2 The proposal utilises the majority of the existing building and demolition of conservatory and reception area to the rear and the removal of the existing bay windows. Extensions are proposed into the existing in the form of bay windows and a small flat roof extension to create the lobby. The proposed materials for the external elevational changes are slate roof, grey windows and doors, timber composite cladding, cream coloured render (nw elevation), the remainder will be existing brickwork.
2.3 Following receipt of consultation comments a set of amended plans were received to address the points raised these included;
o Confirmation that due to the existing trees poor condition, in particular two sycamores are diseased with met with the agent with Kretzschmaria deusta, commonly called the Brittle Cinder fungus and potentially dangerous, their removal and replacement with Silver Birch and Beech hedging along the front and eastern boundary is proposed. Also included is a full planting specification;
o Introduction of lobby to each studio to part satisfy Fire Service requirements;
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o Confirmation of agreement reached regarding the commuted sum in lieu of onsite affordable housing;
o Highways concerns about the car parking layout, refuse access and justification for reduction in car parking spaces; and
o Clarification of the refuse storage and access.
2.4 Proposed parking is 24 car parking spaces, 6 motorbike spaces and 19 secure bicycle spaces.
The premises have been closed since autumn 2010, due to the changes in rules regarding occupational requirements. The rooms had originally been designed as being twin occupation and then were only suitable for single occupation. This and the associated costs with running a residential home of the size meant the operation was no longer viable. Since then the agent has confirmed that there has been limited interest in anyone purchasing the site with the current owners purchasing the property at the end of 2014.
3.0 PLANNING HISTORY 3.1 The planning history relates predominantly to the nursing home and the Saddle Mews development. The nursing home was granted permission in 1987 (97/1674/B). The surrounding Saddle Mews development was granted around the same time at various stages from 1986 to 1988.
4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is zoned as Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 2 (South).
4.2 Several policies in the Isle of Man Strategic Plan 2016 are considered relevant. 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.'
4.3 Strategic Policy 2 reads: 'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3 [General Policy 3].'
4.4 General Policy 2 states (in part): '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; (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'.
4.5 Housing Policy 4 states [in part]: 'New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans [remainder not considered necessary].
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4.6 Housing Policy 17 has some standards that are considered appropriate to refer to in the consideration of this application; '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'. This policy is considered to be specifically material to the assessment of this current planning application.
4.7 Transport Policy 7 is also relevant: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' The standard in respect of town centre residential development is one car parking space per each one-bedroom flat and two spaces per each two-bedroom flats but this can be relaxed when having regard to: (a) the location of the housing relative to public transport, employment, and public amenities; (b) the size of the dwelling; (c) any restriction on the nature of the occupancy (such as sheltered housing); and (d) the impact on the character and appearance of the surrounding area.
4.8 Parking requirements can be found in Appendix Seven of the Strategic Plan as follows: the Plan requires there to be one parking space provided per single bedroom apartment and two parking spaces for apartments each with two or more bedrooms. However in the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to: a) the location of the housing relative to public transport, employment and public amenities, b) the size of the dwelling, c) any restriction on the nature of the occupancy (such as sheltered housing) and d) the impact on the character and appearance of the surrounding area (paragraph A.7.1). This goes on to recommend that one space is provided for a one bedroomed apartment, 2 spaces for two or more bedrooms but that "These 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" (A.7.6).
5.0 REPRESENTATIONS 5.1 DOI Highways initially commented the following;
"The proposal is to change the use of an existing building from a nursing home to with 22 bedrooms to 34 apartments. There will be 30 car parking spaces provided along with secure parking for 19 bicycles.
There is insufficient information to assess the impact of the change in traffic on the junction with Groves road of with Saddle Mews and the proposed car parking at the existing servicing area; both junctions will have an increase vehicle movements and a change in the time of day for peak travel movements.
There is no turning head for parking spaces 6, 7 & 8; vehicle tracking is required to demonstrate that a refuse wagon and other service vehicles can enter and leave in forward gear.
There is insufficient space in front of parking spaces nos 15 & 16, the spaces should be widened accordingly.
Parking spaces nos 1 & 2 have insufficient space for manoeuvrability without encroaching onto the highway.
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Please defer making a decision on this application until the above matters have been resolved." 09.09.2016.
5.2 Following receipt of the amended layout and additional information, circulated on 16 March 2017, Highways have verbally confirmed that the proposed changes are satisfactory and the justification for the reduction in car parking numbers is acceptable.
5.2 IOM Fire & Rescue Service initially recommended that the application be refused as the layout would not satisfy the requirement of the Fire Precautions (Flats) Regulations 1996. 31.08.16. At the time of writing no further comments were received directly from Fire & Rescue, however the applicant has provided a copy of an email from the them setting out the the following on 07/11/2016; "with the inclusion of a lobby shown on the attached drawing the development would satisfy our regulations. From recollection as it is the intension to install a sprinkler system throughout then following a written application we would relax the requirement for an automatic heat detector in the kitchen area. There will still remain the requirement to install a domestic smoke detector in each apartment. "
The case officer followed this up verbally, and they have confirmed that with inclusion of lobby the layout will be satisfactory and the remainder, such as sprinkler requirements, will be sorted through the Building Regulations application, which they will comment on. 27.02.17.
5.3 DOI Housing requested that a S13 be entered into to secure a commuted sum in lieu of the provision of onsite housing. 30.08.16 and 22.09.16. This has been agreed with the developer at £74,715.00.
5.4 DEFA Forestry initially requested further information regarding trees. 02.09.16. Following these comments the forestry officer met with the agent due to the existing trees poor condition, two sycamore are diseased with Kretzschmaria deusta, commonly called the Brittle Cinder fungus and potentially dangerous, their removal and replacement with 5 no Silver Birch was agreed as acceptable. Following receipt of additional information and planting specification the Forester confirmed the submitted information was acceptable subject to the addition of a cellular confinement system under parking space 01. 27.02.17. An amended plan detailing this has been provided.
5.5 Douglas Borough Council initially raised some concerns regarding refuse storage and collection. 14.09.16. Following circulation of the amended plans made the following observations and comments; 17.02.17.:- (i) The provision of new housing is important to both the economy of Douglas and to the Island. Therefore the reuse of a redundant building to provide living accommodation of a type currently unavailable in Douglas is supported; and (ii) It is acknowledged that the number of car parking spaces being provided falls short of the recommended standard in the Strategic Plan by 10 spaces and that there may be some justification for this because; a) The size and occupancy of each apartment is likely to appeal to a younger age group, or less frequent business user and that such occupants may be less likely to own a car, or may be more inclined to walk, cycle, or use public transport; b) The site is on a frequent bus route and is close to bus stops; c) Provision is made for secure cycle parking, and motorcycle parking which may appeal to the likely occupants of the apartments; d) Although the site is not in the town centre it is within walking distance; e) The site is close to amenities such as the National Sports Centre and neighbourhood shopping; (iii) Although the shortfall in parking is unlikely to result in parking on the highway it may result in parking in either the Saddle Mews complex or the National Sports Centre and this would be detrimental to other ratepayers in the neighbourhood;
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(iv) The refuse store is of an insufficient size based upon the standards used for conventional apartments; however the size and occupancy of the apartments may justify a different standard being applied. Approval of the application is conditional subject to the applicant providing a waste strategy to include the provision of recycling. The Planning Directorate is requested to consult with the Council upon receipt of the waste strategy.
5.6 Following receipt of this the agent contacted Douglas Borough Council refuse section setting out the proposed number and type of bins stores and the proposed access for the refuse lorry and operatives. This was confirmed as an acceptable strategy on 02.03.17.
5.7 96 representations (2 anonymous) have been received from the following 69 households (owners/occupiers);
122 Saddle Mews Douglas Isle Of Man IM2 1HU 4 6 Wimbledon Court Tennis Road, Douglas IM2 3LY 57, 57.1, 57.2 58 Saddle Mews Douglas Isle Of Man IM2 1HZ 41, 41.1 41.2 106 Saddle Mews Douglas Isle Of Man IM2 1HX 42, 42.1,42.2 101 Saddle Mews Douglas Isle Of Man IM2 1HX 44 100 Saddle Mews Douglas Isle Of Man IM2 1HX 43 102 Saddle Mews Douglas Isle Of Man IM2 1HX 45 104 Saddle Mews Douglas Isle Of Man IM2 1HX 46 107 Saddle Mews Douglas Isle Of Man IM2 1HU 47 111 Saddle Mews Douglas Isle Of Man IM2 1HU 48 112 Saddle Mews Douglas Isle Of Man IM2 1HU 49 114 Saddle Mews Douglas Isle Of Man IM2 1HU 50 115 Saddle Mews Douglas Isle Of Man IM2 1HU 51,51.1, 51.2 118 Saddle Mews Douglas Isle Of Man IM2 1HU 52 119 Saddle Mews Douglas Isle Of Man IM2 1HU 53 Coachmans Cottage Strathallan Road Onchan Isle Of Man IM3 1NN o Owner of nos 33 & 41 Saddle Mews 54, 54.1 14 Links View Onchan Isle Of Man IM3 2AW 55, 1, .2,.3, o Owner of nos 43, 75 and 93 Saddle Mews 56. 1, 2,3,4,5 3 Saddle Mews Douglas Isle Of Man IM2 1JA 5 4 Saddle Mews Douglas Isle Of Man IM2 1JA 6 5 Saddle Mews Douglas Isle Of Man IM2 1JA 7 6 Saddle Mews Douglas Isle Of Man IM2 1JA 8, 8.1 7 Saddle Mews Douglas Isle Of Man IM2 1JA 9 10 Saddle Mews Douglas Isle Of Man IM2 1JA 10 16 Saddle Mews Douglas Isle Of Man IM2 1JA 11 20 Saddle Mews Douglas Isle Of Man IM2 1JA 12 19 Saddle Mews Douglas Isle Of Man IM2 1JA 13 24 Saddle Mews Douglas Isle Of Man IM2 1JB 14 25 Saddle Mews Douglas Isle Of Man IM2 1JB 15 26 Saddle Mews Douglas Isle Of Man IM2 1JB 16,16.1,16.2, 16.3 29 Saddle Mews Douglas Isle Of Man IM2 1JB 17 37 Saddle Mews Douglas Isle Of Man IM2 1HS 18 42 Saddle Mews Douglas Isle Of Man IM2 1HS 19 44 Saddle Mews Douglas Isle Of Man IM2 1HS 20 47 Saddle Mews Douglas Isle Of Man IM2 1HS 21 49 Saddle Mews Douglas Isle Of Man IM2 1HS 22 51 Saddle Mews Douglas Isle Of Man IM2 1HS 23 53 Saddle Mews Douglas Isle Of Man IM2 1HS 24 54 Saddle Mews Douglas Isle Of Man IM2 1HS 25 55 Saddle Mews Douglas Isle Of Man IM2 1HZ 26 59 Saddle Mews Douglas Isle Of Man IM2 1HZ 27 62 Saddle Mews Douglas Isle Of Man IM2 1HZ 28
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64 Saddle Mews Douglas Isle Of Man IM2 1HZ 29 65 Saddle Mews Douglas Isle Of Man IM2 1HZ 30, 30.1 67 Saddle Mews Douglas Isle Of Man IM2 1HZ 31 76 Saddle Mews Douglas Isle Of Man IM2 1HT 32 77 Saddle Mews Douglas Isle Of Man IM2 1HT 33 78 Saddle Mews Douglas Isle Of Man IM2 1HT 34 79 Saddle Mews Douglas Isle Of Man IM2 1HT 35, 35.1 83 Saddle Mews Douglas Isle Of Man IM2 1HT 36 88 Saddle Mews Douglas Isle Of Man IM2 1HX 37 89 Saddle Mews Douglas Isle Of Man IM2 1HX 38 90 Saddle Mews Douglas Isle Of Man IM2 1HX 39, 39.1 98 Saddle Mews Douglas Isle Of Man IM2 1HX 40 14 Links View Onchan Isle Of Man IM3 2AW 68 121 Saddle Mews Douglas Isle Of Man IM2 1HU 2 52 Saddle Mews Douglas Isle Of Man IM2 1HS 3 6 Wimbledon Court Tennis Road Douglas Isle Of Man IM2 3LY Owner of 43 and 75 Saddle Mews 57 27 Saddle Mews Douglas Isle Of Man IM2 1JB 58 31 Saddle Mews Douglas Isle Of Man IM2 1JB 59 22 Saddle Mews Douglas Isle Of Man IM2 1JA 60 33 Saddle Mews Douglas Isle Of Man IM2 1JB 61 113 Saddle Mews Douglas Isle Of Man IM2 1HU 62 34 Saddle Mews Douglas Isle Of Man IM2 1JB 63 116 Saddle Mews Douglas Isle Of Man IM2 1HU 64, 64.1 82 Saddle Mews Douglas Isle Of Man IM2 1HT 65 8 Saddle Mews Douglas Isle Of Man IM2 1JA 66 93 Saddle Mews Douglas Isle Of Man IM2 1HX 67 43 Saddle Mews Douglas Isle of Man 70
Raising the following issues in relation to the proposal;
o Saddle Mews development is for the over 50s; o Like the design and appreciate the efforts that the developer has gone to provide ample parking; o That it will be sold as private apartments and expect them to appeal to first time buyers, which is not complementary to the lifestyle at Saddle Mews; o Ask that development is for tourism or consider an age restriction to match that at Saddle Mews; o Pleased to see the site being developed; o 34 apartments is too many due to parking spaces; o Should be limited over 50s as anything else would be detrimental to the original plan for a retirement village; o Additional noise from younger people, cars and lack of recreation space, together with use of our lawns and footpaths will affect peace and quiet of the area; o How would other parking spaces be protected; o Disturbance during building works; o Not enough parking, could lead to anti social parking practices; o Lack of space for deliveries and visitors; o Not compatible with the existing apartments, aimed at younger generation; o Different or increased activity would change the character of quiet retirement village; o Entrance road is not very wide for additional traffic and may cause problems to those more aged residents in walking to the bus stop; o Plan indicates pavement will be removed; o Not against the development of the building but fill it should be compatible with the retirement village; o Impact on the sale of the retirement apartments;
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o There is a shortage of residential homes for the elderly and it should be kept as one; o Insufficient open and recreational space; o Too dense; o Significant increase in traffic; o Over development;
After amended plans; o New plans no different to the originals; o Disappointed to see that the applicant has taken little notice of the views of residents; o How can the development be not suitable for Nursing Home standards when it is suitable for two normal, ambulant people; o The revised access around east of building is an improvement; o However a one way system would be better; o Saddle Mews is designated as 'over 50s' estate and therefore all those occupying the development should be over 50; o Parking remains inadequate; o Possible solution would be for applicant to consult with freeholder of Saddle Mews Village with a view to creating a new private entrance and parking spaces for village residents so that the current driveway could be walled off and separated for each site; o The nursing should be kept there is a desperate need; o Access suitability; o Suitable neighbours; o Parking issues (photos provided); o Concerned about the commuted sum, not sure how it works feel it is a payment; o Development is not compatible with ours feel that it should be restricted to people over 50 and a smaller number and made bigger; o One granted nothing to stop any conditions being abused; o Could be occupied by anybody; o Feel developer had made changes overlooking existing residents; o Who will look after the building and grounds after;
Following circulation of additional information regarding highways visibility, parking and refuse/waste strategy the additional points were raised;
o note with continued regret and disappointment that developer is disregarding all requests by the current residents of Saddle Mews; o why have a waste strategy when Planning Committee might think it is over development; o nonsense that professionals will cycle to works; o too much development; o not healthy housing; o impact on Saddle Mews residents; o not contributing to healthy or vibrant neighbourhood and is contrary to all good practice development control standards; o Occupiers have not been advised of right of developers to access the development and access for more time to establish this; and o application does not include the access road.
6.0 ASSESSMENT 6.1 The key issues to consider in the assessment of the application are the loss of the nursing home and the suitability of the location for residential purposes, residential amenity for future occupiers, the effect of the proposal upon the character and appearance of the area and neighbouring properties and access and parking.
Loss of Nursing Home
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6.2 As part of the application the agent was asked to find out more about the marketing history of the property. The Nursing Home closed in autumn 2010, due to changes in occupational rules. In essence these changes reduced the room occupancies from 2 persons to 1 person this coupled with minimum staff requirements and associated costs meant the Nursing Home was no longer viable. The then owners 'Four Seasons Health Care' closed it. Since then there has been very limited interest in redeveloping the site for any use.
6.3 While the loss of the Nursing Home is regrettable it was a privately run enterprise and the previous owners no longer considered suitable or fit for purpose.
Suitability of location for residential accommodation
6.4 The site is situated in a quite a central location in Douglas. The Local Plan zones the area as being in "Predominantly Residential" use. Strategic Policy 2 and Housing Policy 4 states new development should be located primarily within the towns and villages. Therefore the proposed use for residential is considered to be in line with the zoning for the site and comply with Strategic Policy 2 and Housing Policy 4.
6.5 The site is within fairly easy reach of shops, services, amenities and jobs, apx 25mins on foot to Strand Street and there is a bus stop outside the application site. The site is therefore in a sustainable location for new residential development. The proposal would make effective use of previously developed land, in accordance with Strategic Policy 1. The location of the site is sustainable and raises no strategic concerns. The site is considered to be an acceptable location in principle for residential accommodation, in accordance with Strategic Policy 2 and Housing Policy 4.
Residential amenity for future occupants
6.6 This application is for 33 studio apartments and 1 x 2 bed apartment, Housing Policy 17 is clear that new residential units should provide adequate amenity space for future occupiers.
6.7 There are three elements to HP17; converting 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.
6.8 In respect of "a", it is noted that the apartments range in size, from 30sqm to 45sqm, and meet the minimum space standards under Housing (Standards) Regulations 2013. Some outdoor amenity space is provided, in the form of two balconies on the first and second floors. Occupants would also be able to access to public amenity spaces, such as North Quay and Douglas Promenade and Beach. The provided amenity map demonstrates that facilties, such as access to recreational areas, restaurants and shops are available within a 1 min to 22 min walk. With regards to space for clothes drying a coin operated laundry is to be located on the ground floor. A refuse storage room is provided on the ground floor. Douglas Borough Council have raised concerns about the size of the provision and have asked for further details which were subsequently satisfied after consultation with them and the production further information regarding the proposed development.
6.9 While the apartments are single aspect the views are quite expansive and not overly restricted. Those on the front elevation overlooking Groves Road look over part of the golf course and those to the rear look predominantly towards a mature tree lined landscaped area along side of the NSC. Whereas these do not have the long views of the front apartment all the new bay windows are fully glazed which will ensure plenty of natural daylight. The living environment of the proposed residential flats is considered to be acceptable. Each unit has an acceptably pleasant clear outlook from its living room and overall an adequate amount of space. The proposal is therefore considered to comply with Housing Policy 17.
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Character and appearance of the area
6.10 The building has been empty for about 4 years and is certainly of its time. The alterations are predominantly cosmetic to give the building a modern appearance whilst retaining the majority of the physical fabric. The extensions into the existing bay windows gave the opportunity for the external envelope to be reviewed. The proposed glazing and materials seek to rejuvenate the building, whilst retaining the existing colour palette ensuring that the alterations sit comfortably within the surrounding residential context.
6.11 The proposed alterations to the building are considered to be an improvement over the current and add some visual interest to the street scene.
Neighbouring properties
6.12 Many of the representations received while pleased to see the site being redeveloped feel that it should fit more with the age demographic that is currently in place at Saddle Mews. This is a difficult issue as the agent has established that having been empty since 2010 no other provided wanted to take the building over. Other issues relate to the under provision of parking, open space and recreation, significant increase in traffic movements which has the potential to encroach into the private gardens and parking spaces of Saddle Mews and the type of residents and their compatibility with the current occupants of Saddle Mews.
6.13 Having visited the site and after examining the submitted drawings it is considered that the position and general arrangement of the proposed development is such that the living conditions of surrounding properties would not be unduly affected by the proposal, in terms of outlook or loss of daylight. The main impact is likely to be through increased vehicle movements and numbers coming to and from the site, especially when compared with the previous use. While undoubtedly this change in occupation will result in a different kind of occupation to the previous use it is not considered to be to such a degree to warrant a refusal.
Access and parking
6.14 There are 24 number of parking spaces to be allocated for the development. Whilst there is undoubtedly pressure on kerbside parking in Saddle Mews, this needs to be considered in the context of HP17 which provides support for flat conversions 'if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area'. For the proposed conversion, in accordance with the Strategic Plan, 36 spaces should be provided, and the Strategic Plan standards at A.7.1 are preceded by 'in general, the need to find a use for redundant buildings which are in sound condition will outweigh the drawback of any shortfall in parking provision'. It also recognises the possibility of a relaxed standard having regard to location 'relative to public transport, employment and public amenities'. DOI Highways consider that due to the sustainable location, coupled with the provision for storage of alternative methods of transportation the proposal is considered to be acceptable.
Other matters
6.15 Many of the representations received are pleased to see the site being redeveloped, however feel that it should fit more with the age demographic that is currently in place at Saddle Mews. Other issues relate to under provision of parking, open space and recreation and significant increase in traffic movements which has the potential to encroach into the private gardens and parking spaces of Saddle Mews. The majority of these issues have been considered above and based on the provision and/or location of the development are considered to be satisfactory addressed.
6.16 In the latterly received comments reference is made to the developer being able to use the main access to this part of Saddle Mews, this is a matter for the developer to be satisfied on and would not affect the consideration of the application.
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Conclusion
6.17 Overall it is concluded that the planning application accords to the provisions set out in the Strategic Plan, in particular Housing Policy 17, General Policy 2, and Transport Policy 7 of the Isle of Man Strategic Plan 2016 and as such the application is recommended for approval.
7.0 RECOMMENDATION 7.1 It is 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: (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 , in this case, Department of Infrastructure Highway Services and (d) The local authority in whose district the land the subject of the application is situated.
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
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 criteria for determination are the following;
(1) The following persons shall generally be accepted as having sufficient interest:- (a) persons owning or residing in land or buildings which physically adjoin the site ;
(b) persons whose privacy would be substantially affected by the development;
(c) persons whose outlook from land or buildings in which they have an interest as owners or tenants, would be substantially and adversely affected by the development; and
(d) persons owning or residing in land or, the legitimate enjoyment of which would be adversely affected by reason of -
(i) noise, dust, or smell arising from the site as a consequence of the development; or
(ii) traffic generated by the development.
In this instance, on the basis of the above criteria, it is recommended that the following persons do not have sufficient interest and should not be awarded the status of an Interested Person in accordance with Government Circular 0046/13.
122 Saddle Mews Douglas Isle Of Man 6 Wimbledon Court Tennis Road, Douglas 58 Saddle Mews Douglas Isle Of Man
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106 Saddle Mews Douglas Isle Of Man 101 Saddle Mews Douglas Isle Of Man 100 Saddle Mews Douglas Isle Of Man 102 Saddle Mews Douglas Isle Of Man 104 Saddle Mews Douglas Isle Of Man 107 Saddle Mews Douglas Isle Of Man 111 Saddle Mews Douglas Isle Of Man 112 Saddle Mews Douglas Isle Of Man 114 Saddle Mews Douglas Isle Of Man 115 Saddle Mews Douglas Isle Of Man 118 Saddle Mews Douglas Isle Of Man 119 Saddle Mews Douglas Isle Of Man Coachmans Cottage Strathallan Road Onchan o Owner of nos 33 & 41 Saddle Mews 14 Links View Onchan Isle Of Man o Owner of nos 43, 75 and 93 Saddle Mews
3 Saddle Mews Douglas Isle Of Man 4 Saddle Mews Douglas Isle Of Man 5 Saddle Mews Douglas Isle Of Man 6 Saddle Mews Douglas Isle Of Man 7 Saddle Mews Douglas Isle Of Man 10 Saddle Mews Douglas Isle Of Man 16 Saddle Mews Douglas Isle Of Man 20 Saddle Mews Douglas Isle Of Man 19 Saddle Mews Douglas Isle Of Man 24 Saddle Mews Douglas Isle Of Man 25 Saddle Mews Douglas Isle Of Man 26 Saddle Mews Douglas Isle Of Man 29 Saddle Mews Douglas Isle Of Man 37 Saddle Mews Douglas Isle Of Man 42 Saddle Mews Douglas Isle Of Man 44 Saddle Mews Douglas Isle Of Man 47 Saddle Mews Douglas Isle Of Man 49 Saddle Mews Douglas Isle Of Man 51 Saddle Mews Douglas Isle Of Man 53 Saddle Mews Douglas Isle Of Man 54 Saddle Mews Douglas Isle Of Man 55 Saddle Mews Douglas Isle Of Man 59 Saddle Mews Douglas Isle Of Man 62 Saddle Mews Douglas Isle Of Man 64 Saddle Mews Douglas Isle Of Man 65 Saddle Mews Douglas Isle Of Man 67 Saddle Mews Douglas Isle Of Man 76 Saddle Mews Douglas Isle Of Man 77 Saddle Mews Douglas Isle Of Man 78 Saddle Mews Douglas Isle Of Man 79 Saddle Mews Douglas Isle Of Man 83 Saddle Mews Douglas Isle Of Man 88 Saddle Mews Douglas Isle Of Man 89 Saddle Mews Douglas Isle Of Man 90 Saddle Mews Douglas Isle Of Man 98 Saddle Mews Douglas Isle Of Man 14 Links View Onchan Isle Of Man 121 Saddle Mews Douglas Isle Of Man 52 Saddle Mews Douglas Isle Of Man 6 Wimbledon Court Tennis Road Douglas
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o Owner of 43 and 75 Saddle Mews
27 Saddle Mews Douglas Isle Of Man 31 Saddle Mews Douglas Isle Of Man 22 Saddle Mews Douglas Isle Of Man 33 Saddle Mews Douglas Isle Of Man 113 Saddle Mews Douglas Isle Of Man 34 Saddle Mews Douglas Isle Of Man 116 Saddle Mews Douglas Isle Of Man 82 Saddle Mews Douglas Isle Of Man 8 Saddle Mews Douglas Isle Of Man 93 Saddle Mews Douglas Isle Of Man 43 Saddle Mews Douglas Isle of Man
Recommendation
Recommended Decision:
Approve subject to Legal Agreement Date of Recommendation: 28.03.2017
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. All soft landscape works shall be carried out in accordance with the Planting Specification details and associated plans 1612-P0005 and SK0001A all date stamped received 13 January 2017 and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards 5837: 2012. The works shall be carried out not later than the end of the first available planting season after completion of the development.
Any trees or plants that, within a period of five years after planting, are removed, die or become, in the opinion of the Department, seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved, unless the Department gives its written consent to any variation.
Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs.
C 3. The proposed cellular confinement system under P01, as shown on drawing P0101 dated 2 March 2017, shall be implemented in conjunction with the Planting Specification details and associated plans 1612-P0005 and SK0001A all date stamped received 13 January 2017. The cellular confinement system shall be permanently retained in accordance with the approved details.
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Reason: To ensure that planting in this area is not adversely affected by any underground works.
C 4. 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.
C 5. The development shall not be occupied or operated until the secure bicycle store and motorcycling parking bays have been provided in accordance with the approved plans. The secure bicycle store and motorcycling parking bays shall be retained at all times thereafter.
Reason: To promote sustainable travel in the interests of reducing pollution and congestion.
C 6. Details of all hard landscaping shall be submitted to and approved in writing by the Department showing details of existing and proposed walls, fences, ground levels, other boundary treatment and hard surface treatment of the open parts of the site, and a programme of implementation. The measures shall be implemented in accordance with the approved details prior to the occupation of the development and shall thereafter be retained.
Reason: In the interests of the appearance of the development and the surrounding area.
This approval relates to the following drawings;
X0001 A X1001 B X1002 X0002 A X3002 P0004 A P2001 P1004 A P1003 A P5001 P3004 A P3003S1 A P3003S2 A all date stamped received 10 August 2016.
SK001 P1002 C P0003 E Planting Specification and associated plans 1612-P0005 and SK0001A all date stamped received 13 January 2017.
SK1001 SK1002 Statement/Letter all date stamped received 25 January 2017.
Waste Strategy Email and associated plan P0101 date stamped received 2 March 2017.
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I can confirm that this decision has been made by a Senior Planning Officer (see note below) in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 15.05.2017
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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.
NOTE
The application was initially considered by the Planning Committee at its public sitting 3rd April 2017, which endorsed the Officer recommendation and determined to approve it subject to a legal agreement, and that once such agreement was in place the decision could be formally made under delegated powers
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