DEC Officer Report

Application No.: 19/01103/B Applicant: Ocean Waves Ltd Proposal: Conversion from retail (Class 1) to ground floor retail (Class 1) and cafe/restaurant (Class 3) and first floor to residential / tourist accommodation Site Address: 11 Castle Street Douglas Isle Of Man IM1 2EX Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 11.11.2019 _________________________________________________________________

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. Prior to the occupation of the apartment/tourist unit hereby approved the provision of the bin store and cycle provision are required to be installed and completed as shown on Drawing JTM1928-P-02 and retained for those purposes thereafter. Reason: To ensure that sufficient bin storage and cycle parking provision is provided.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers JTM1928P-00, JTM1928-P-01 and JTM1928-P-02 all received on 1st October 2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE SITE - 1.1 The application site is the curtilage of 11 Castle Street, Douglas which is a two storey end of terrace retail unit. The application site is situated to the western side of Castle Street and north of the public footpath which runs from Castle Street and Market Street.

2.0 THE PROPOSAL - 2.1 The application seeks full approval for the conversion from retail (Class 1) to ground floor retail (Class 1) and cafe/restaurant (Class 3) and first floor to residential / tourist accommodation

2.3 Bin storage is provided via new accesses within its south elevation, being new doors. A existing separate doorway within the south elevation, directly the public footpath would provide access to the new residential unit above the shop. - 3.0 PLANNING HISTORY

3.1 The previous planning applications are considered relevant in the determination of this application:

3.2 Installation of both illuminated and non-illuminated signage - 16/00916/D - APPROVED - 3.3 Installation of replacement shop front - 11/00763/B - APPROVED - 3.4 Change of use of first floor storage room to an additional sales area and alterations including installation of a roof light, fire door on side ground floor and first floor front window 03/02013/B - APPROVED - 3.5 Provision of a new shopfront and installation of three new side windows - 96/00615/B APPROVED - 3.6 Alterations to provide additional shop front window to side elevation - 96/00279/B APPROVED - 3.7 Change of use from sports shop to home bakery outlet - 91/04072/C - APPROVED

- 4.0 DEVELOPMENT PLAN POLICIES

4.1 The application site is within an area designated as "Predominantly Shopping" use under the Douglas Local Plan Order 1998. The site is not within a Conservation Area, albeit bounds the Promenades Conservation area to the east.

4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 4.3 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 underused 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."

4.4 Environment Policy 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."

4.5 General Policy 2 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."

4.6 Housing Policy 17 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 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."

• 4.6.1 While the above policy specifically deals with conversion of existing buildings, it is considered useful when determining this application as well and the matter addressed in this policy are relevant in the determination of this application.

4.7 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 4.8 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." - 4.9 Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)." - 4.10 Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5."

4.11 Business Policy 13: 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. - 4.12 The Central Douglas Master Plan (2014). The Masterplan is not a statutory document in itself, although it was approved by Tynwald. It was intended that it would be a material consideration in the determination of applications and be reviewed for inclusion in the Area Plan for the East. The Masterplan introduced a series of Character Areas that reflected the existing nature and uses of particular areas of Douglas town centre while identifying opportunities for growth and evolution. These Character Areas remain relevant and have been used as a basis for the Area Plan Proposals. The site is within an area known as "Strand Street" under the plan. - 4.13 The Draft Area Plan for the East (2018) designates the site as "Mixed Use". Relevant policies from the draft plan include: - 4.14 Urban Environment Proposal 1 states: "The creation of residential units on the upper stories of buildings particularly in Douglas town centre or the subdivision of buildings (particularly in the case of older and underused buildings) for residential use will generally be supported provided proposals do not conflict with other strategic policies or proposals in this plan."

- 5.0 CONSULTATIONS

5.1 Douglas Borough Council have no objection (on 25.10.2019). 5.2 Highway Services do not object (22.10.2019). 6.0 ASSESSMENT 6.1 The following issues are relevant in the determination of this application; (a) principle of developing the site for retail (Class 1) & food & drink (Class 3) & residential purposes; (b) parking provision; (c) potential impact upon neighbouring amenities; (d) visual impact upon the street scene/adjacent Conservation Area and (e) amenities for future occupants of the apartments. PRINCIPLE OF DEVELOPING THE SITE FOR RETAIL (CLASS 1) & FOOD & DRINK (CLASS 3) & RESIDENTIAL/TOURIST PURPOSES;

6.2 As stated earlier in this report, the application site is located within a wider area of land that is designated as predominantly shopping use under the Douglas Local Plan. Given that the use of the ground floor of the proposal would be for a mixture of retail/food & drink use, then this aspect is considered to meets the land use designation and/or is a use which you would also find in such areas i.e. restaurants/cafe.

6.3 The upper floors (the residential unit has a part mezzanine floor above first floor) are designated as Proposed Shopping and the proposed development would be residential and/or tourist use. It is noted, however, that the proposed mixed uses would meet the current Draft Area Plan for the East land use designation currently proposed on this site. Whilst limited weight can be attached to the draft plan at this stage, it is acknowledged that the "direction of travel" of the draft plan, would be met by the proposal in terms of uses as outline in "Urban Environment Proposal 1", which seeks such development to enable a more active area during evening/night periods. - 6.4 Again the proposal would fit with the guidelines of the Douglas Master Plan, which itself has been incorporated into the Draft Area Plan for the East.

6.5 None of the uses proposed would be contrary to the Local Plan, IOMSP and Draft Area Plan for the East and therefore the proposal in terms of the principle of development is considered acceptable and comply with the relevant IOMSP polices. PARKING PROVISION - 6.6 The proposed would not provide any parking provision, as is the situation with the existing building. Accordingly, it could be concluded the proposal is contrary to the Parking Provision of the IOM Strategic Plan. However, the IOMSP does indicate that the parking 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.

6.7 Overall, it is considered, given the site is within walking distance of the town centre where shops and employment are located, as the site is very close to major bus routes; adjacent to Chester Street Car Park; bicycle provision is provided within the site; as there has been no objection from neighbours and it is not possible to provide parking provision on site, it is therefore concluded that the lack of off street parking provision in this case is acceptable and would not significantly effect on street parking in the locality. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - 6.8 There are no significant alterations to the building in terms of external alterations. It is not considered any of the uses proposed would have an impact upon neighbouring properties. VISUAL IMPACT UPON THE STREET SCENE/ADJACENT CONSERVATION AREA - 6.9 The alterations to the external building are very modest and include the installation of two pairs of service doors at ground floor level and four high level windows just below eaves level all within the south elevation. These proposals will have little visual impact. The front elevation sees the change of an existing upper floor window to a patio door with the inclusion of a Juliet balcony which is also considered a minor alteration with little to no visual impact. Therefore in terms of an impact upon the street scene the proposal is considered acceptable and complies with GP2. The proposal would also not detrimentally affect important views into and out of the Conservation Area and therefore comply with EP36 as well. AMENITIES FOR FUTURE OCCUPANTS OF THE APARTMENTS - 6.10 The issue is whether the outlook from the principal rooms will have a "pleasant clear outlook". The apartment would have an open plan kitchen/living/dining room and all would have a total of four windows, the main being the French doors with Juliet balcony which has views towards Castle Street. While views of Castle Street are not expansive, these views are greater than any of the flats along Stand Street which are enclosed and limited. - 6.11 Accordingly, in this case the amenity in terms of outlook of future occupants is considered acceptable for a town centre location. - 6.12 The apartment would have access to its own bin store and secure bike store (separate from the ground floor unit). The proposal does not include external clothes-drying areas, albeit for a number of years the Department has accepted that tumble dryers can be used, and this proposal the kitchen area has the ability to accommodate a dryer. Overall, the split level apartment would provide an acceptable level of accommodation/amenity value and a good size for an apartment within a town centre.

- 7.0 CONCLUSION

7.1 For the reasons outlined within this report it is considered that the planning application is in accordance with the relevant policies of the Isle of Man Strategic Plan 2016, the Douglas Local Plan, The Central Douglas Master Plan and The Draft Area Plan for the East and it is therefore recommended that the planning application be approved. - 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:

• 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 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: 25.11.2019

Signed : C BALMER 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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