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17/00046/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00046/B Applicant : Nelson Developments Ltd Proposal : Alterations to facilitate change of use from 8 permanent residential apartments to 9 tourist units Site Address : 11 Mona Drive Douglas Isle Of Man IM2 4LG
Case Officer : Miss Abigail Morgan Photo Taken : 02.03.2017 Site Visit : 02.03.2017 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site is the Nelson Hotel, a five storey end terrace corner building including a basement sited on the south western side of Mona Drive and south eastern side of Empress Drive in Douglas. The application site is within the Douglas Promenades Conservation Area.
1.2 From the site visit it was evident that alterations approved under 12/00095/B had been commenced, with the new windows have been installed. While the scaffolding in place obscured much of the rear elevation it was evident the rear extension had not been carried out. However from the current application it is clear that it is the applicants intention to complete these works previously approved under 12/00095/B.
1.3 Works to convert the building under 13/00718/B into eight residential apartments have started and now the applicant has a hotel operator interest in going into the building.
2.0 THE PROPOSAL
2.1 The planning application seeks approval for the conversion of the property into nine serviced tourist apartments, 6 x 1 bed suites and 3 x 2 bed suites;
o Over basement and first floor with internal staircases 3 x 1 bed suites; o First Floor 1 x 1 bed suite and 1 x 2 bed suite; o Second Floor 1 x 1 bed suite and 1 x 2 bed suite; o Third Floor 1 x 1 bed suite and 1 x 2 bed suite;
2.2 The apartments all exceed the minimum size requirement under Housing (Standards) Regulations 2013 for occupation by minimum of 2/3 persons (dependent on which unit) as tourist accommodation.
2.2 There are no external works proposed as part of this application, however the plans include the proposed alterations and extension previously approved under 12/00095/B.
2.3 The reason for the application is the owner has a hotel operator interested in the building.
3.0 PLANNING HISTORY
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17/00046/B
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3.1 The application site has been the subject of five previous planning applications that are considered relevant to the assessment of this current planning application given the nature and level of development proposed:
13/00718/B: Conversion of the former hotel into eight residential apartments - PERMITTED
12/00095/B: Alterations, erection of an extension and installation of replacement windows. PERMITTED.
10/01698/B: Conversion of existing hotel into eight apartments - REFUSED.
09/00838/C: Change of use from hotel to offices - PERMITTED.
87/01383/C: Change of use from hotel to office accommodation. This application was refused on the grounds that the proposed development would be contrary to the policies of the Town Centre Map and the Development Plan, and would be detrimental to the viability of the Town Centre as such; there is no evidence of the availability of the necessary car parking provision; no floor plans showing the internal arrangements of the building have been submitted.
4.0 PLANNING POLICY
4.1 In terms of local plan policy, the application site is in an area mixed use- Tourist/Residential/Office- under the Douglas Local Plan Order 1998 Map No. 2 (South). The application site is within The Douglas Promenades Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains three policies that are considered specifically material to the assessment of this current planning application.
4.3 Strategic Policy 8: Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions.
4.4 Business Policy 11: Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.
4.5 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Departments current standards."
Appendix 7 sets out the parking standards for different types of development. While tourism units are not specifically referred to for apartments: "1 space for 1 bedroom; 2 spaces for 2 or more bedrooms."
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
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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).
4.6 Environmental 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".
5.0 REPRESENTATIONS
5.1 DOI Highways Division do not oppose this application and have the following comments:
"The proposal is to change the use of an existing residential apartment building to tourist use. There will be an increase in the number of apartments from 8 to 9 and an increase in the number of bedrooms from 8 to 12. The age and location of the building precludes the provision of off street car parking.
The use as tourist units has no specific car parking requirement in the strategic plan and is therefore considered to be similar to residential use. On street car parking in this area is uncontrolled; there is car parking available on the promenade.
The location is within Douglas with good pedestrian links to local services and public transport; it is one of the most sustainable locations on the Island." 13.02.2017.
5.2 Douglas Borough Council has no objection to the proposal. 14.02.2017.
6.0 ASSESSMENT
6.1 The main issues in this application the principle of the proposal, impact on surrounding occupiers and parking.
6.2 The site is located in a mixed use area which includes tourist uses, therefore the proposal is considered to be acceptable. In addition prior to the 2013 application to convert it to residential, the previous use was a hotel.
6.3 Given the history of the site and that while tourist units can have a different impact on neighbouring amenity than permanent residential accommodation because people who are on holiday can sometimes be perceived as having less regard for people who live next door, there is no reason to believe that there would be an undue impact on neighbouring living conditions.
6.4 Turning to Strategic Plan policy, the use as tourist units has no specific car parking requirement in the strategic plan and is therefore considered to be similar to residential use. On street car parking in this area is uncontrolled; there is car parking available on the promenade. Highways have raised no objections as the location is within Douglas with good pedestrian links to local services and public transport; it is one of the most sustainable locations on the Island. Therefore on this basis, and reflecting the caveat in Appendix 7 of the Strategic Plan that parking standards may be relaxed where an application site is both in an urban area and well-connected to public transport, no objection is raised in respect of Transport Policy 7.
6.5 Historically with applications of this nature it was considered appropriate to limit the length of stay within the serviced suites should planning approval be forthcoming. This is to ensure that
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the buildings are used for tourist or business stay purposes, and not for longer-term residential accommodation. However as Tourism do not allow dual occupation of premises for both permanent and tourist accommodation it is considered this would be covered by other legislation and/or registrations. As it is for tourist use a condition relating to it sole or main residence use is considered appropriate and also ensures the protection of the use for genuine tourism purposes.
6.6 As a result, it is concluded that the proposal complies with Douglas Local Plan and Strategic Policy 8 and Business Policy 11 of the Isle of Man Strategic Plan 2016.
7.0 RECOMMENDATION
7.1 It is recommended that the planning application be permitted.
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.
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:
Permitted Date of Recommendation: 02.03.2017
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. The use of the proposed apartments shall be for tourist accommodation only and shall not be occupied as a person's sole or main place of residence.
Reason: To maintain the availability of the site as short term holiday tourist accommodation
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This approval relates to Drawing 664/PL/01, 02, 03 Rev A, 04 and 05 and Design and Access Statement all date stamped received 13 January 2017.
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: 13.03.2017
Determining officer
Signed : C BALMER
Chris Balmer
Senior Planning Officer
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