Officer Report 12/00174/B

Case Officer: Mr Steve Stanley Photo Taken: Site Visit: 23.02.2012 Expected Decision Level: Officer Delegation

Officer's Report

The Site

1. The application site represents the property 48 Murrays Road, Douglas. The property is a terraced and is converted into three flats. The site is located in an established residential area.

The Proposal

1. The proposal follows on from 09/01585/R which was an retrospective application to convert the building into three flats which was approved. This current application seeks to revise the internal layout of the building to form five flats within the building - 1 on the ground a floor and 2 on the first and second floor. The first and second floors would be laid out with one flat being contained with the front section of the building and one contained within the rear outlet.

1. The ground floor flat would have an open plan lounge with kitchen, room annotated as "dressing room, store, office", a bedroom with en-suite and a utility room. The first floor flat located within the front section of the building would have a lounge with kitchen area, a bathroom and two bedrooms. The rear first floor flat would have a living room with kitchen area, a bathroom and a bedroom. The second floor would have the same layout as the first floor.

Planning Status

1. The application site is located within an area identified as 'Predominantly Residential' in the Douglas Local Plan 1998. Within the Isle of Man Strategic Plan 2007 the following is judged to be relevant:

Housing Policy 17, which states:

"The conversion of buildings into flats will generally be permitted in residential areas provided that:

• (a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practicable, car-parking;
• (b) the flats created will have a pleasant clear outlook, particularly from the principle 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."

Application No.:	12/00174/B
Applicant:	Mr Robert Edghill
Proposal:	Creation of two additional residential flats
Site Address:	48 Murrays Road
	Douglas
	Isle Of Man
	IM2 3HW

Planning History

1. The property has had one previous planning application submitted which is considered relevant to the proposed development:

86/00189/B – Use of premises as a residential home – Permitted. 09/01585/R - Conversion of former guest house into three apartments. Permitted.

Representations

1. The following written representations have been received:

Douglas Borough Council has raised no objection to the proposed development.

The Highways Division objects to this application stating that in 2009 the conversion of a guest house to 3 flats did not meet the required off street parking arrangements. This application to increase by another 2 flats (from 5 bedrooms to 7) would intensify the already congested parking.

The Environmental Health Officer has provided information regarding the Housing (Flats) Regulations 1982.

Assessment

1. The application proposes the creation of additional self-contained flats within the building by re-organising the existing layout. Effectively the formation of the new flats would be achieved by dividing the approved first and second floor flats into two. The main issues to consider in the assessment of this application are parking, amenity and outlook.

Parking

1. The 2009 application to convert the property into 3 self-contained flats was approved despite providing off-street parking spaces to serve them. This exception was made having regard to the comments received at the time of the Highways Division which stated that having regard to the location and use of the existing building (as a guest house) the lack of parking did not warrant refusal. It was however noted that parking in the area is a problem and as such future proposals for conversion of properties to form flats should have regard to this issue.

1. This application proposes an addition 2 flats to be created within the building. This would intensify the use of the building however no off-street parking is proposed. The Highways Division object to the application as it will intensify the existing parking problem. It is judged that this renders the application unacceptable.

Amenity and outlook

1. It is important that in allowing buildings to be converted into flats, care is taken to ensure that each unit has a clear and pleasant outlook from principal rooms. The 2009 application achieved this by having a layout of one flat per floor, each with an outlook to the front of the building. This proposal would create two flats that would be contained entirely within the rear outlet with views only to the rear of the property and to the side of the adjoining property's rear outrigger. This is judged to be unacceptable.

Conclusions

1. The application is judged to fail on two important counts. Firstly the creation of two additional flats without off-street parking would intensify the need for parking in the area and would likely lead to unacceptable on street parking, contrary to Housing Policy

17 part (a). Secondly, the flats created by this application would have a very poor outlook and as such would not meet the requirements of Housing Policy 17 part (b).

Recommendation

1. Refuse.

Party Status

1. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Douglas Borough Council

1. Accordingly the following parties are not granted Interested Party Status:

The Environmental Health Officer does not raise any material planning considerations.

The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 14.03.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

R 1. The creation of two additional flats within the property would intensify the use of the building whilst providing no off-street parking. This would have unacceptable impacts upon on-street parking in this location and would fail Housing Policy 17 part (a).

R 2. The proposed additional flats would have windows facing only to the rear of the site and as such would not be provided with a pleasant clear outlook as required by Housing Policy 17 part (b).

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date : 16/3/12

Determining officer (delete as appropriate)

Signed : G. H. Olm Anthony Holmes Senior Planning Officer

Signed : ☑ Michael Gallagher Director of Planning and Building Control

Signed : ☑ Sarah Corlett Senior Planning Officer

Signed : ☑ Jennifer Chance Development Control Manager