Loading document...
==== PAGE 1 ====
19/00701/C Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00701/C Applicant : Mr Robin Perrie Proposal : Change of use from Department of Health residential care home to residential use, additional tourist use for Mews Cottage (part retrospective) Site Address : Aingeville 93 Woodbourne Road Douglas Isle Of Man IM2 3AW
Planning Officer: Mr Nick Salt Photo Taken : 09.07.2019 Site Visit : 09.07.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 31.07.2019 __
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. Mews Cottage shall only be used as additional living space for 93 Woodbourne Terrace or for short term tourist use, shall remain ancillary to 93 Woodbourne Terrace and shall not be used as a separate household or sold/long term let as a separate dwelling.
Reason: To ensure that the cottage building remains ancillary to the main dwelling or used for tourist purposes as approved, thus reducing future risk of an unacceptable and unsustainable permanent residency.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped as received on 19th June 2019:
o 01 o 02 __
==== PAGE 2 ====
19/00701/C Page 2 of 5
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 APPLICATION SITE 1.1 The application site is 'Aingeville', 93 Woodbourne Road, Douglas, a large traditional detached two storey dwelling with an annex to the centre of the rear. The building is finished with formal white painted render and black painted detailing. To the rear is a detached garage reached by the main driveway, a patio area and a semi-detached two storey building bounding a rear access lane, beside double access gates and around 9 metres to the rear of the main dwelling.
1.2 The main dwelling features 5 bedrooms and the smaller building to the rear 'Mews Cottage' has two upstairs bedrooms with a small lounge and kitchen on the ground floor, and a single access door facing into the patio area. The floor space of Mews Cottage is approximately 81.6m2 when measured externally. Access to the site is achieved via both the main entrance to Woodbourne Road, and via the gates at the rear leading to the lane. There is inadequate space between the dwelling and the garage to allow for cars to manoeuvre between the front and rear of the site.
1.3 Until recently (January 2018), the site was used by the Department for Health as a residential care facility.
2.0 THE PROPOSAL 2.1 The application is retrospective for the change of use of the site to private/domestic residential use, as well as a proposal for additional tourist use on the site - specifically at Mews Cottage to the rear. No physical alterations are proposed for the site in this application.
3.0 PLANNING HISTORY 3.1 91/00845/A provided approval in principle for "headquarters/social club for the mentally handicapped" at the site. There is no other planning history considered specifically materially relevant to the current application.
4.0 PLANNING POLICY 4.1 The application site is in an area zoned as Predominantly Residential as per the Douglas Local Plan 1998. It is also within Woodbourne Road Conservation Area. For that reason, General Policy 2 of the Isle of Man Strategic Plan is relevant.
4.2 GP2 states: "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: (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."
4.3 Environment 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
==== PAGE 3 ====
19/00701/C Page 3 of 5
features contributing to the character and quality are protected against inappropriate development."
4.4 Paragraph 9.5.8 of the Strategic Plan states: "The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents."
4.5 Business Policy 13 states: "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Douglas Borough Council have no objection to the application (12.07.19).
6.0 ASSESSMENT 6.1 The application seeks approval for the use of a residential care facility as a private residential dwelling, and for the additional use of part of the site for tourist accomodation. The fundamental issues to consider in the assessment and determination of this planning application are the impact of the proposal on the living conditions of the neighbours and the amenity of future temporary occupants (tourists), as well as highway safety and parking impacts. Whilst the site is within a Conservation Area, no impacts on the character and appearance of the area are considered likely as the application is for change of use to residential and tourist use only.
6.2 Firstly however, the principle of a change of use from residential care home to private residential use is assessed. It is considered that, as the land use zoning in the Douglas Local Plan is 'predominantly residential', the presumption is in favour of residential use, whether for use as a care facility run by the Government, or a private dwelling. Regarding the loss of the use as a care facility, it is considered that any decision to sell by the Department for Health and Social Care acknowledges that the property is no longer an essential requirement for the previous type of use -it is likely that larger purpose built facilities are more suitable.
6.3 Impact on Neighbours (Residential Use)
6.3.1 It is considered that the area is residential and the original use of the site was residential, the use as a private residential dwelling is unlikely to have unacceptable impacts on neighbours or result in impacts unusual for such an area.
6.4 Impact on Neighbours (Tourist Use)
6.4.2 Although there is generally a view in favour of using residential properties for tourist accommodation as outlined in Business Policy 13, there can be times whereby this is opposed. There have been a small number of refusals given to applications looking to gain the same permission; the use of flats for tourist accommodation could potentially have a damaging effect on the amenities of others through the comings and goings of tourists in comparison to permanent residents, although most are granted approval there has been an instance of one refusal - PA 04/00194/C.
6.4.2 In the case of semi-detached buildings such as Mews Cottage, concern lies in the potential to cause disruptions to the immediate and adjoining neighbouring property - in this case a similar secondary building at the rear of a larger dwelling. In terms of differentiating a
==== PAGE 4 ====
19/00701/C Page 4 of 5
tourist and a permanent resident it is often difficult to define how each would behave. As a tourist, a person may be out a lot of the time, but may also have a greater number of late nights and be disruptive on return. On the other hand, permanent residents may be at home more, and could be more likely to invite friends or family over for dinner or parties that may be noisy. In general the majority of people tend to behave well and raise no concerns, although there will always be a percentage that may not behave.
6.4.3 It is considered the use of the existing residential dwelling as tourist accommodation would have a similar impact, whether it is used for tourist or permanent residential use and therefore would not have a significant impact upon the living conditions of the neighbouring properties. The important consideration here is that the use of Mews Cottage does not extend to permanent residency and the segregation of the site. Due to the close proximity of the Mews Cottage and the rear of the main dwelling, and the shared nature of the yard/patio between, separation of the two is considered unlikely, but conditions should restrict any such future development. The 'additional use' of Mews Cottage for tourist purposes alludes to the main use remaining as an ancillary and directly linked part of the main dwelling for most of the year.
6.5 Impact on Highways
6.5.1 The parking standards within Appendix 7 of the Isle of Man Strategic Plan state that for residential dwellings such as the one proposed, 2 parking spaces are required to be provided on site. As the total provision on site is for 4 spaces, this requirement would be met.
6.5.2 The location of the premises is suited to a tourist use. The relatively close proximity of public amenities such as the Promenade and Nobles Park and the town centre of Douglas via either walking or cycling could reduce the demand of vehicles to and from the site when used for tourist purposes. the Isle of Man Strategic Plan parking standards require 1 space per guest bedroom (2 required). It is generally the case that tourists have a maximum of one vehicle - either taken to the Island with them or a rental car. The 4 parking spaces within the site would suffice for the additional use, as the policy requirements would be met for both the residential use and tourist use if both occurred concurrently.
6.5.3 In terms of highways safety, the access to and from the site at the lane and Woodbourne Road are considered existing accesses. Use would be more regularised and likely less frequent than the previous use as a care facility - which may also have involved larger vehicles such as minibuses. This aspect of the proposal accords with GP2 (h&i).
7.0 CONCLUSION 7.1 As assessed above, it is considered that there is no demonstrable harm likely from the proposal and, in view of the policies of the Isle of Man Strategic Plan aforementioned, the application is recommended for approval.
8.0 INTERESTED PERSON STATUS 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:
==== PAGE 5 ====
19/00701/C Page 5 of 5
o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.
__
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 01.08.2019
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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.
Copyright in submitted documents remains with their authors. Request removal