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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00064/B Applicant : Tracey Bell Proposal : Conversion of garage & store into a 2 Bedroom dwelling with an additional storey added to the existing building - amendment to PA 23/00898/B Site Address : 25A Market Street Douglas Isle Of Man IM1 2PA
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.03.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The proposed garage door must have an opening mechanism that shall not swing onto the adopted highway when opening, but shall only swing into the site.
Reason: To clarify the extent of the approval and reflect what is included in the application, in the interest of highway safety.
C 3. The car parking space provided within the garage, hereby permitted as part of the development, and shown on Drawing No. 23 - 102 - 02 Rev. E, received 23 January 2024, shall be provided prior to the first occupation of the dwelling and shall thereafter be retained and made available for vehicle parking at all times.
Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).
N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
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You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. The application accords with General Policy 2, Strategic Policies 1 and 2, Housing Policies 4 and 6, Environment Policy 42 of the IOM Strategic Plan 2016, and the principles of the Residential Design Guidance 2021, as the proposal would not harm the use and enjoyment of the application site, neighbouring properties, and the character of the area.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings received on 23 January 2024.
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Interested Person Status - Additional Persons
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 SITE 1.1 The application site comprises 25A Market Street, Douglas which is a two storey terrace building which accommodates garaging at ground floor level and a store at first floor. There is a detached W/C set within its rear yard which is on elevated grounds at first floor level. Access to the rear yard is via a flight of stairs which sits on the boundary of the existing property and its neighbouring workshop/office building situated south.
1.2 The property sits almost at the same height with its neighbouring properties, although it is slightly taller than the neighbouring building at No. 25 which sits directly south. Its flat roof also sits taller than the eaves of the property directly north, but the roof ridge of this property sits higher than its flat roof. The property has its external elevation finished in painted render with all windows UPVC casement windows. A garage door with lights provides access to the garage below.
1.3 The street scene is characterised by workshops/garages/ and office buildings, with most of the buildings in the immediate vicinity having their rear access, parking and service areas backing onto the road. There is no balcony within the immediate vicinity, as the only roof top areas are service/utility areas for existing buildings. The buildings that adjoin the application site have varying heights, although one have a three storey area facing the road save for Nos. 17 -21 which has its front gable facing the road.
2.0 PROPOSAL 2.1 Planning approval is sought for Conversion of garage & store into a 2 Bedroom dwelling with an additional storey added to the existing building - amendment to PA 23/00898/B.
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2.2 The proposed dwelling which would be built over the footprint of the existing building and stretching further into the rear yard by 4.7m (to join the rear external stairway), with the buildings extent positioned only 1m from the boundary with rear garden of No. 8 Mount Pleasant, Douglas. The new finished height would be set at about 9.6m; 3.3m taller than the approved building at No. 25, 2.8m taller than the roof ridge of the neighbouring property at No. 29, and about 700mm lower than the roof ridge of the Best Cars building situated north of No.29.
2.3 The new dwelling will be laid out such that the garage and Storage/ Utility/Bins/ Recycling areas for the dwelling would be set within the ground floor; a courtyard, open plan living/kitchen and dining area, bedroom, bathroom, and a front terrace would be on the first floor, while the second floor will serve a bedroom with ensuite, and a front terrace that would overlook the street.
2.4 The dwelling would be finished externally in smooth painted render, with roof finished in new slate tiles. New glazed would also be installed to front of terrace. All windows and doors to be powder coated Aluminium glazed units. The scheme would also include the provision of a new pedestrian access gate to the side of the dwelling and by the walkway (details of material not indicated).
2.5 The applicants have indicated on the application form that surface water and foul sewage would be disposed of via the existing systems that serve the site.
3.0 PLANNING POLICIES 3.1 Site Specific: 3.1.1 The application site is within the Strand Street - Mixed Use Proposal Area, and the Proposed Comprehensive Treatment Area 2 under the Area Plan for the East 2020, although it is not situated along the primary retail frontage. The application building is not located within a Conservation Area and the site is not prone to flood risks.
3.2 Area Plan for the East 2020 3.2.1 The following parts of the Area Plan for the East are of material relevance to the proposed development: a. Mixed Use Area 3 - Strand Street: "This area forms the core of the retail shopping area and is characterised by shops, food and drink uses, financial and professional services and other associated town centre uses such as hairdressers, beauticians and so on. The area is currently busy during daytime but quiet in the evening and it is considered that more residential uses would benefit the area and help support the night time economy. The primary shopping frontage is notated by the hatched line on Map 5."
b. Town Centre - Mixed Use Proposal 3 "There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, Offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."
c. Comprehensive Treatment Area 2 - Market Street (area is shown on Map 5) "13.8.1 Market Street lies to the rear of Strand Street, the main shopping area of Douglas. The street currently has the function and appearance of a service road which is considered to have a negative impact on this area of the town. With imagination, this impact could be reversed and the street could become more appealing to shoppers and visitors alike. The completion of a new hotel in this location will be beneficial and the investment this represents should be
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capitalised upon. The Central Douglas Masterplan recognises that the area could provide further retail opportunities and increased floor space. Re-development could enable improved links between Strand Street and Upper Douglas which would assist with footfall. The Chester Street car park performs an important function serving this part of town, but would benefit from enhancement. The Market Street CTA is also a strategic freight corridor and maintaining access for commercial vehicles, including HGV's, must be considered in any proposed development."
d. CTA Proposal 2 - Market Street (Treatment Plan) - Development of this area for retail and ancillary uses would be appropriate. Any development should be carried out in accordance with an improvement scheme involving land and property owners and Government and should include highway improvements, both pedestrian and vehicular. Public parking should continue to be provided in the form of a multi-storey, however continuation of surface level car parking is not seen as appropriate."
e. Appendix 2: Recommendations set out in the Retail Study 2009 - The majority of any new floor space should be distributed primarily to town centre or edge-of-centre locations in Douglas - for example, Strand Street and the existing shopping core and Douglas Quayside."
3.3 National: STRATEGIC PLAN 3.3.1 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application: a. General Policy 2 - General Development Considerations b. Strategic Policy 1 - Efficient use of land and resources c. Strategic Policy 2 - Development focussed in existing towns and villages d. Strategic Policy 3 - Development to safeguard character of existing towns and villages and to avoid coalescence e. Strategic Policy 4 - Development to protect or enhance setting of Registered Buildings, landscape quality and biodiversity, and not result in unacceptable environmental pollution f. Strategic Policy 5 - Design and visual impact g. Strategic Policy 10 - Sustainable transport h. Strategic Policy 11 - Housing needs i. Environment Policy 42 - Designed to respect the character and identity of the locality. j. Housing Policy 1 - Housing needs k. Housing Policy 3 - Provision of 2,440 homes in East area during 2011-2026 plan period l. Housing Policy 4 - New Housing to defined existing towns m. Housing Policy 6 - Residential development to be undertaken in accordance with development brief or Paragraph 6.2 of Plan. n. Transport Policy 1 - Proximity to existing public transportation services o. Transport Policy 4 - Highway Safety p. Transport Policy 7 - Parking Provisions q. Community Policy 7 - Designing out criminal and anti-social behaviour r. Community Policy 10 - Proper access for firefighting appliances s. Community Policy 11 - Prevention for the outbreak and spread of fire t. STRATEGIC OBJECTIVES Paragraph 3.6: Social "(a) To provide for sufficient housing of an acceptable standard and of an appropriate nature and in appropriate locations to meet the needs of the community (including special needs). (b) To promote high standards of residential amenity in new development and to provide a physically safe environment for all communities. (c) To promote improved access to buildings, spaces and services for less able people. (d) To promote community safety and security within new development, regeneration and refurbishment schemes by encouraging the adoption of the principles of "Designing Out Crime".
4.0 OTHER MATTERIAL CONSIDERATIONS
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4.1 Regard will be given to the recently released Residential Design Guidance 2021 in development of new dwellings.
4.2 Central Douglas Master plan, 2014 4.2.1 One of the key drives of the plan is to increase residential population in Central Douglas as it seeks to create a number of housing opportunities around the town centre (See Page 9).
4.2.2 Short Term Goal 1: A flexible approach is advocated; residential infill development can add life and activity. Residential infill has potential to add vitality to the area.
4.2.3 Key challenges to be addressed (In part) o Creating a world class distinctive Capital town ensuring development is contemporary, high quality and timeless; o Increasing activity into the early evening to retain spend and activity without the pitfalls of a night-time economy; o Addressing the topography, finding and enhancing routes between Upper and Lower Douglas;
4.3 IOM Biodiversity Strategy 2015 to 2025 seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary. Section 21 deals with Habitat loss actions through promoting a policy of 'no net loss' for semi-natural Manx habitats and species and to ensure that unavoidable loss is replaced or effectively compensated for.
5.0 PLANNING HISTORY 5.1 The previous planning application for the site under PA 23/00898/B for Conversion of garage & store into a 2 bedroom dwelling with an additional storey added to the existing building, is considered relevant in the assessment and determination of this application.
The application was refused for the following reasons: R1: Context of Locality The proposed development, by virtue of its design, bulk, height, and flat roof finish, would fail to relate positively and appropriately to the character of the locality as it does not take into account a proper analysis of the context of the immediate street scene, and would have a deleterious impact on the surrounding area, and this conflicts with General Policy 2(b and f) and Strategic Policy 3 (b) of the Isle of Man Strategic Plan 2016. The industrial style design and zinc finish of the second floor which would serve to reinforce the function and appearance of the road as a service road, is considered to have a negative impact on this area of the town, and would fail to align with the goals of the Comprehensive Treatment Area 2 - Market Street, within the Area Plan for the East.
R2: Loss of Privacy - Neighbours The proposed rear balcony for the new dwelling in terms of its position, height and close proximity would result in an unacceptable level of overlooking into the neighbouring property at No. 8 Mount Pleasant, Douglas, resulting in a significant adverse impact upon the residential amenities of this neighbouring property, contrary to General Policy 2 (g) of the IOM Strategic Plan 2016 and the principles set out in the Residential Design Guide.
R3: Loss of Privacy - future occupants The positioning of the roof garden/terrace which is the primary outdoor provision for the dwelling to the rear and on the second floor, where it would be considerably overlooked by neighbouring properties would result in detrimental impacts on the amenities of future occupiers of the proposed dwelling. These amenity impacts would be contrary to the provisions of General Policy 2 (g & h) and Strategic Policy 1 (b) of the IOM Strategic Plan 2016, and the
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principles promoted by the Residential Design Guide 2021, as it would not promote a high standard of residential amenity.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking, providing the garage door does not swing onto the adopted highway i.e. roller shutter type operation or swings within the site only - this should be conditioned on permission (26 January 2024).
6.2 Douglas Borough Council has no objection (2 February 2024).
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of the application are: a. The Impacts on the character and appearance of the area; b. The impacts on the amenity of local residents; c. Highway safety and Parking; and d. Whether the dwelling has adequate amenities in itself.
7.2 Character and Appearance of the Area (GP2, SP 3 (b), & EP 42) 7.2.1 In terms of any impact on the area, the decision to extend to the rear of the first floor and over this storage space to form a new dwelling on the site is considered to be unobjectionable. The massing height and design would also be in keeping with the character of the site and area. Whilst the height would be set over the existing building height, making the building stand out, the design of the roof in pitch roof oriented in similar form as the adjacent properties, and the variable height of the buildings on this side of the immediate street scene would cause the dwelling to fit in with the immediate locality. In addition, the design and finishing would improve the appearance of the site, with the layout of the site offering a better appeal than the otherwise bland and unappealing site in its current context.
7.2.2 Likewise, the external materials replicate the dominant materials in the immediate vicinity, whilst the overall building height, proportions, fenestration size and positions, are also largely in keeping with the locality. The scheme also integrates the topographical elements by utilizing split levels which ensures that the dwelling is in keeping and sympathetic with the character of the site and surrounding area; approaches, which would align with GP2 (f) and the Central Douglas Master plan, 2014.
7.2.3 Overall, it is considered that the design of the building which would incorporate modern elements would improve the appearance of the site and immediate street scene, whilst integrating elements (materials, finish and style) that takes into cognisance the character of the immediate locality. Therefore, the proposal would be acceptable when judged within the context of the immediate street scene and locality.
7.3 Impact on neighbouring dwellings (GP 2 and RDG 2021) 7.3.1 With regard to possible impacts on neighbouring dwellings, it is considered that the proposal does not raise concerns with neighbouring properties in terms of overlooking, overbearing impacts, or loss of light. In fact, the current proposal has been designed to overcome the overlooking concerns, particularly with regard to the neighbouring residential property at No. 8 Mount Pleasant, Douglas, which existed with the previous application. This is hinged on the fact that there are no rear windows with potential to overlook the dwelling at the rear. Also, the rear terrace has been excluded from the current proposal.
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7.3.2 With regard to the concern with the rear stairway with the previous application, the scheme has also been revised to exclude frequent use of the stairs, as it would only be used for the maintenance of the property. The distance and the height of the dwelling relative to the neighbour at the rear would also ensure there are no overbearing impacts, as the position of the dwelling east of the neighbouring property at No. 8 would also ensure there is no loss of light.
7.3.3 There would be no windows to be impacted by the raised height on the north elevation of the existing and proposed development at No. 25 Market Street to the south. As such, overbearing impacts, overlooking or overshadowing would not result for this property from the proposed development.
7.3.4 Given the above, it is judged that the proposed development would not result in adverse impacts upon the living conditions of the neighbouring properties, and as such the proposal would conform to General Policy 2 (g) of the Strategic Plan, and the principles promoted by the Residential Design Guide.
7.4 Parking and access (GP 2 & TP 7) 7.4.1 The proposal makes provision for the parking of a vehicle within the attached garage, accessed via the highway. Whilst this would be below the acceptable standard for a two bedroom dwelling, the site is within close proximity to primary public transportation links within Douglas, and Marks & Spencer Drumgold Street Car Park. Likewise, the site is close to local services and employment opportunities so as to encourage pedestrian movement amongst the above. Therefore, it is considered that the proposed complies with the provisions within the strategic plan in Appendix 7 and Transport Policy 7.
7.4.2 As well, the site layout is such that there are no turning spaces within the site so vehicles would have to back out onto the rear highway or reverse before backing into the garage; a condition that is likely to be detrimental to highway safety. However, the speeds along the adjoining highway is low and as such it is not considered that this would be unacceptable.
7.4.3 It is also important to note that DOI Highways considers that the proposal does not raise significant road safety or highway network functionality issues, subject to the inclusion of a condition to ensure that the garage door does not swing onto the adopted highway. Therefore, it is considered that this element of the scheme complies with the requirements of the aforementioned policies.
7.5 The amenities of those in the proposed dwelling 7.5.1 With regard to the provisions for the amenities of future occupants of the proposed dwelling, it is noted that there would be no garden space provision as with the other properties here, although the proposed courtyard would offer some outdoor respite for future occupants. Moreover, there is, ease of level access to good public open space that would provide an added degree of amenity provision in the area, namely Douglas promenade and the beach and other leisure areas off the promenade.
7.6 Other matters 7.6.1 No new confined spaces with easy access to those outside the site would be created, which would serve as easy hideouts for criminal activity or antisocial behaviour.
7.6.2 Likewise, the scheme would not impede access to the site in case of fire as the stairway to the rear would still be retained, with the new layout such that existing breaks with neighbouring properties are retained.
7.6.3 Based on the foregoing, it is considered that the scheme aligns with the requirements of Community Policies 7, 10, and 11.
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7.6.4 No other concerns have been noted.
8.0 CONCLUSION 8.1 Overall, it is considered that the design, highway impacts and visual impacts are acceptable, and the proposal would not result in harm to public or private amenity. The application is, therefore, recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 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 above who should be given Interested Person Status.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 11.03.2024
Signed : L KINRADE 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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