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16/01186/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01186/B Applicant : Mrs Hazel Frances Smith Proposal : Conversion of former guest house to create four apartments. Site Address : 29 Castlemona Avenue Douglas Isle Of Man IM2 4EA
Case Officer : Miss Abigail Morgan Photo Taken : 10.01.2017 Site Visit : 10.01.2017 Expected Decision Level : Planning Committee
Officer’s Report
THIS IS REFERRED TO THE PLANNING COMMITTEE AS THE RECOMMENDATION IS CONTRARY TO THE REPRESENTATION RECEIVED FROM DOUGLAS BOROUGH COUNCIL
1.0 THE SITE 1.1 The application site is 29, Castlemona Avenue, a terraced three storey building with dormer roof accommodation and a small rear yard. The property is located at the southern end of Castlemona and is approx. 10 min walk from the town centre.
1.2 The property backs onto the Winerite building and rear garden boundary of 8 Victoria Road, with a steeply sloping bank due to difference in ground levels of in excess of 8 metres.
1.3 The property is currently described as a Guest/Boarding House with 11 bedrooms.
1.4 The planning history for this property is limited with only two planning applications, on which the property's existing use was described as hotel in 1990 and dwelling in 2000. After visiting the site and speaking with the owners it is evident that the property, whilst currently empty, was most recently operating as a boarding house/house in multiple occupation with owners' accommodation. There are a number of separate toilets and shower/bath rooms and all of the room doors have numbers on and separate locks which add to this supposition.
2.0 THE PROPOSAL 2.1 The application is for the conversion of the building to three 1 bed (apx 74sqm, 31sqm and 42sqm) and one 2 bed (apx 63sqm) apartments.
2.2 The flats all exceed the minimum net floor area for occupation as permanent accommodation under Housing (Standards) Regulations 2013.
2.3 No parking is proposed. Refuse bins are to be located in the rear yard area which can be accessed from the rear lane.
3.0 PLANNING HISTORY 3.1 This property was the subject of a previous application - 90/00618/A - conversion of hotel into 4 self-contained apartments -approved. 00/02446/B replacement windows, approved.
3.2 There have been a number of other applications for similar developments in the vicinity including the following:
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16/01186/B
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16/00614/B - variation of condition one of PA 11/00435/B at Plot 34 Castlemona Avenue - Erection of a 4 apartment block on vacant plot, with associated car parking and access, to extend period of permission - APPROVED.
15/00351/B - conversion of existing dwelling into four self-contained apartments, 18 Castlemona Avenue. This was REFUSED due to lack of car parking or any alternative, in the area where parking is at a premium adding to the existing kerbside congestions.
13/90956/B - conversion of 108, Castlemona Avenue to four apartments. This was REFUSED at appeal as the Inspector was not satisfied that the proposal would not result in a demand for car parking which could not be acceptably provided for within the vicinity of the site
13/00206/B - conversion of property into two apartments at 26 Castlemona Avenue submitted to address reasons for refusal under 12/00962/B - APPROVED.
13/00025/B - conversion of a guest house to two apartments at number 19 Castlemona Avenue - APPROVED.
12/00962/B proposed the conversion of 3/4 storey building at 26, Castlemona Avenue to 3 apartments and was REFUSED at appeal for reasons that the standard of outlook and light in the lower front room would fall short of what ought to be required and the proposed parking spaces were too narrow and would take away any space for bin storage, outside amenity or clothes drying.
10/00091/B proposed the creation of an apartment in the lower ground floor of 114, Castlemona Avenue and was REFUSED at appeal for reasons of amenity for the occupants of the proposed unit.
06/01917/A proposed the principle of the creation of a basement apartment at 16, Castlemona Avenue and was REFUSED for the level of amenity available to the occupants of the flat.
4.0 PLANNING POLICY 4.1 The site lies within an area designated on the Douglas Local Plan as Predominantly Residential. As such the appropriate Strategic Plan policies to be considered relevant are:
4.2 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 "Housing Policy 17: 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."
4.5 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
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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 Douglas Borough Council have objected to the proposed on the ground that it is considered to be contrary to Housing Policy 17 (a) and Transport Policy 7 in that if approved it would unacceptably harm the amenity of the surrounding area by reason of adding the existing kerbside congestion. 21.11.16.
5.2 DOI Highway Services - The proposal is to convert a former guest house to 4 self-contained apartments. The building is located within a row of terraced properties constructed at a time when off street parking was not provided and there is no scope to provide parking on the site. Castle Mona Avenue is located within easy access to Douglas town centre services and employment opportunities and there is controlled car parking provided on street. The existing use as a guesthouse, or a rooming house as stated by the application, would have a parking generation although different from that of residential apartments. Highway Services accepts the justification provided in the application for a reduction in the car parking standard and does not oppose this application. 08.11.16.
5.3 Environmental Health Division of Department of Environment, Food and Agriculture have written to the applicant indicating that the flats will need to be registered under the Housing (Registration) Regulations 2013. This is not a material planning issue as it refers to other legislation.
5.4 Owner/Residents of 105 Castlemona Avenue object to the application. They are concerned that the creation of another 4 apartments will exacerbate the parking problem and result in further illegal parking and increase the number of parking tickets issued, which is about 60 fines in recent years as there is not enough parking. They also refer to the car parking provided for Spectrum Apartments is not being used by the residents as they park on Castlemona Avenue and enter the building from Castlemona Avenue. 14.11.16.
5.5 Owner and previous occupier of 29 Castlemona Avene has written in stating that Castlemona Avenue has alway been a problem road to park in. Whether no 29 is approved for 1 flat or 4 flats it will not make any difference to theparking situation. Getting a parking place in the avenue is pot luck, always has been and always will be. He also states that at one point there were over 6 cars at the address. 05.01.16.
6.0 ASSESSMENT 6.1 The main issues in this case are the proposed change of use, whether the proposed flats will have an adequate level of amenity, including storage, bin space, outlook and parking, with particular regard to impact on the surrounding area.
6.2 Currently the property is described as an 11 bedroom guest/boarding house. The buildings layout is indicative of previous use as a shared house. While it is not clear from the planning history or the submissions it is more than likely that the property had been operating as an illegal house in multiple occupation/boarding house rather than tourist accommodation. Tourism has confirmed that 29 Castle Mona Avenue is not listed as being registered now or previously as visitor accommodation.
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Although this is by all means not definitive as no certificate of lawfulness has been requested or issued.
Suitability of location for the proposal
6.3 Housing Policy 17 is favourable to the principle of flat conversions in residential areas. Such conversions can provide a useful contribution to housing availability. The site is within easy reach of shops, services, amenities and jobs and is therefore in a sustainable location. The proposal would make effective use of previously developed land. 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.
Residential amenity for future occupants
6.4 Housing Policy 17 is clear that new residential units should provide adequate amenity space for future occupiers. 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.
6.5 In respect of "a", it is noted that two of the flats are quite generously-proportioned one and two bedroom units (Flats 1 and 2), while the other two flats are much smaller they still have adequate facilities. As a town centre development no outdoor amenity space is provided, however they do have access to public amenity spaces, such as Douglas Promenade and Beach. With regards to space for clothes drying there is adequate space and ventilation in the bathroom. Refuse storage will continue on the same basis as the current arrangements for the guest/boarding house, provided to the rear of the building.
6.6 The apartments are dual aspect, with principal rooms, lounges and kitchens facing onto Castlemona Avenue. 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.
Parking
6.7 There is no specific parking to be allocated for the development and visits to the area reveal that at certain times there were relatively few free spaces. Whilst there is undoubtedly pressure on kerbside parking in the vicinity, 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'. As the building takes up the whole of the area under the control of the applicant on-site parking is not possible.
6.8 For the proposed change, in accordance with the Strategic Plan, 5 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 have considered and accepted the justification provided in the application for a reduction in the car parking standard. This was on the basis that there could be currently 11 different individuals in the building which has been reduced to 4 households and that the site is located within easy walking distance to facilities and services including shops, and is well and safely connected to the public transport network.
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Therefore, in this instance, the lack of parking provision is not considered significant enough to warrant a refusal.
Other Matters
6.9 As set out in the planning history section above there have been a number of applications in this area for similar proposals which have refused with reference to lack of parking and impact of such as increase on Castlemona Ave, most notably at no 18 Castlemona Ave which is opposite this application. In the exercise of planning judgment a relevant consideration may be the Department's approach to similar applications in the locality. Generally there should be consistency in the application of policies, unless there are good reasons to the contrary. In this instance the two applications, as the authorised use of no 18 was considered to be a single dwellinghouse whereas this property is considered to have been operating with multiple independent occupants.
Conclusion
6.10 Overall it is concluded that the planning application accords to the provisions set out in the Strategic Plan, in particular Housing Policy 17 and Transport Policy 7.
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 and (e) The local authority in whose district the land the subject of the application is situated.
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.
8.3 In this instance, it is recommended that the following persons have do not have sufficient interest and should not be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
The residents of 105, Castlemona Avenue, Douglas.
This dwelling is insufficiently close to the application site to be materially affected by any change in the nature / use of the application site.
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
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Date of Recommendation: 10.01.2017
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.
This approval relates to drawing nos 16/2575/01, 02, 03 and Statement to Support the Planning Application all date stamped received 19 October 2016.
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: 23.01.2017
Signed : A MORGAN 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
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