Planning Officer Report

Planning Officer Report And Recommendations {{table:20141}} Case Officer : Mr Steve Stanley Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Officer's Report

Introduction

1. This application seeks permission to convert an existing shop and apartment to form a single dwelling. The property is located with Douglas.

The Site

1. The application site is the curtilage of 67 Derby Road, Douglas which is located on the corner of Derby Road and Oxford Street. Currently, the building is laid out with a shop at ground floor level and a two bedroom apartment which occupies the first floor and the eaves space. The site has no off-street parking.

The Proposal

1. This application seeks approval to convert the shop and apartment to form a single dwelling. The proposed dwelling would have a lounge and dining room at ground floor level, a kitchen and two bedrooms at first floor level and a bedroom bathroom within the eaves.

Development Plan Policies

1. The application site is located within an area that is designated as being Predominantly Residential by the Douglas Local Plan. The site is not within a Conservation Area but the properties on the other side of Derby Road are within the Douglas Woodbourne Road Conservation Area. Within the Isle of Man Strategic Plan, the following is judged to be relevant:

1. General Policy 2, which 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;

• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

Planning History

1. The following previous planning application is considered relevant to the determination of this proposal (most recent first):

12/00665/LAW - Application for Certificate of Lawful Use of premises as an office (Use Class 4). This application was withdrawn. 07/01056/B - Alterations and erection of a garage with living accommodation above (addition to approved 07/00205/B). Approved. 07/00205/B - Demolition of existing annex and erection of one mews dwelling with parking. Approved.

04/02456/A - Approval in principle for the demolition of existing shop and flat and construction of six apartments with associated parking. Refused.

05/00166/A - Approval in principle for the demolition of existing shop and flat and erect four apartments with on site parking (re-submission to PA 04/02456). Refused on review.

04/02456/A - Approval in principle for the demolition of existing shop and flat and construction of six apartments with associated parking. Refused.

Representations

1. The Highways Division of the Department of Infrastructure recommends that this application be approved as it would have no adverse traffic management, parking or road safety implications.

1. Douglas Borough Council does not object to this application.

Assessment

1. The site is within a predominantly residential area of Douglas and accordingly the principle of residential development is acceptable subject to detailed considerations of the particular scheme that has been put forward for consideration.

1. The existing building has been divided into two separate units with a shop at ground floor level and an apartment on the upper floors. This arrangement has the potential

to result in a greater number of vehicles coming and going from the property. The area has a finite amount of parking, mostly accommodated on the highway. The proposed conversion of the building to form a single dwelling would potentially reduce the number of vehicles associated with the property which would benefit the parking situation within the immediate area. It is judged that in this regard the proposed development would represent an improvement over the existing situation.

1. The site offers limited outdoor space and what is provided is located at the front and side of the property adjacent to Derby Road and Oxford Street. As such there would be no private outdoor amenity space associated with the proposed dwelling. Current occupiers of the existing flat experience the same situation although it could be argued that as the proposed dwelling would be larger and may be more likely to house a family, dedicated outdoor amenity space should be provided. This issue was raised at a recent appeal for 11/01165/B which proposed the erection of a dwelling to replace an existing garage/store on Esplanade Lane, Douglas. The Planning Authority had refused the application and one of the reasons for refusal stated:

1. "The dwelling would have an unacceptable standard of amenity by virtue of the poor outlook from the front (south east facing) elevation and lack of outdoor amenity space contrary to General Policy 2 part (h) and the Strategic Objectives set out at Paragraph 3.6 (a) and (b) of the Isle of Man Strategic Plan."

1. The appeal inspector rejected this as a reason for refusal making the following comments:

1. "The proposal would also provide a good standard of internal space, with 3 bedrooms and 2 bathrooms including one en-suite. The Planning Authority's only concerns related to the absence of on-site outdoor space and the alleged paucity of the outlook which would be available from the dwelling.

1. My attention has not been drawn to any planning policy or published guidance which specifically requires new dwellings to include outdoor amenity space on site. Furthermore, residential developments in the near vicinity have previously been approved with little or no private outdoor space. These include the dwellings close by at Esplanade Mews, and apartments adjacent to 34 Castlemona Avenue. Although the Planning Authority drew attention to the fact that the approval of both of those developments pre-dated the adoption of the Strategic Plan, I have been given no evidence to show that the adoption of that Plan involved a fundamental change in policy on this matter.

1. There is publicly accessible open space in the area of the site which would be capable of providing for some of the recreational needs of occupiers of the dwelling. Moreover, potential occupiers would be aware that the dwelling has no private outdoor space, and would be able to make their decisions as to whether to occupy it in light of that knowledge. Given that other residents in the area are apparently content to occupy dwellings which lack this type of facility, I am unable to conclude that the absence of private outdoor amenity space would render the dwelling either unsuitable or seriously unsatisfactory for residential occupation."

1. The findings of the inspector in the above cited case are judged to be relevant to this case. The proposed dwelling would be of a similar size as that in the appeal case and would actually be provided with more outdoor space albeit located at the front and side of the building. It is judged that given the proximity of public open space such as the gardens at Derby Square and Woodbourne Square, the lack of private outdoor space does not render this application unacceptable.

1. Overall it is concluded that the proposal is acceptable.

RECOMMENDATION

1. Permit.

PARTY STATUS

1. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. 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: Permitted

Date of Recommendation: 10.07.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

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

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the conversion of existing shop and apartment into single dwelling, 67 Derby Road, Douglas as shown by PL01, 440/PL100 and 440/PL/101 all received 31st May 2012.

C 3. The building may be used only as a single dwelling.

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 : Permitted Date : 12.7.12

Determining officer (delete as appropriate)

Signed: _________________________ 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