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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00414/B Applicant : Care Developments Limited Proposal : Conversion of building to provide four apartments involving replacement roof slates, windows, door, guttering and downpipes and provision of cycle storage Site Address : 8 Raphael Road Douglas Isle Of Man IM1 3EH
Principal Planning Officer: Belinda Fettis Photo Taken : 12.06.2024 Site Visit : 12.06.2024 Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.07.2024 __
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 roof shall be finished in natural reclaimed slate to match those of the existing building in respect of colour and texture.
Reason: In the interests of the character and appearance of the site and surrounding area in accordance with Strategic Policy 4, Environment Policy 34 and 35, and General Policy 2 of the Isle of Man Strategic Plan 2016.
C 3. The windows replacing those with arched tops shall be replaced with arched frame windows as shown on drawing no.P-01 Revision D.
Reason: For clarity and to accord with Strategic Policy 4, Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016.
C 4. Prior to the converted building first being brought into use the outside areas including the enclosed yard and waste and cycle stores shall be completed and fit for use.
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Reason: In the interests of highway safety and to protect residential amenity in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
N 1. Isle of Man Wildlife Act 1990
Irrespective of the details contained within the planning application submission or the planning officers report the applicant should be aware of, and make any person undertaking work on their behalf aware of, their duty as stated in the Act to have regard to the environment as detailed in s36 of the Isle of Man Wildlife Act 1990 and those protected species listed in Schedule 5 and Schedule 7 of the Act.
It is an offence subject to penalties to, intentionally or recklessly kill, injure or take a protected species, intentionally or recklessly damage or destroy, or obstruct access to, any structure or place which protected species use for shelter or protection, intentionally or recklessly disturb any protected species while it is occupying a structure or place which it uses for that purpose.
N 2. 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.
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. Having regard to Section 18 (4), Planning Circular 1/98 and Planning Policy Statement 1/01 the amended proposal is considered to enhance the building from that which exists and so preserve the conservation area in accordance with the Planning Circular and Statement. The development would not cause adverse harm to residential amenity and for the reasons given in the assessment the proposal is considered to accord with the Design Guide and Housing Strategic Policies 1, 3, 4, 10, 34, 35 Policy 17 and General Policy 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following detail, plans and drawings received on the date stated.
o Existing Plans, Elevations and Location Plan, drawing no.EX-01 (19.04.2024) o Proposed Plans, Elevations and Site Plan, drawing no.P-01 Revision D (12.07.2024) __
Interested Person Status - Additional Persons
It is recommended that the following persons should be given Interested Person Status on the basis that they have made written submissions and they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings.
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Officer’s Report
THE APPLICATION SITE
1.1. The application site relates to the curtilage of no.8 Raphael Road which is the end terrace of a curved terrace fronting Grosvenor Road. Douglas. The building has frontages on both streets.
1.2. The character of the dwellinghouses fronting Grosvenor Road is repeated along the terrace, decorative red clay ridge tiles above natural slate roofs, tall chimney stacks with two contrasting clay bricks are constructed below tall pots appear between each dwellinghouse, two dual pitch dormers for each dwellinghouse, tall sash windows with curved tops and pitched slated angular bay windows with tall flat topped sash windows at street level. The facades are smooth render decorated with mouldings around the windows and above the bay windows and solid timber front doors. The dwellinghouses are separated from the pavement and highway by gardens with low walls and low iron railings.
1.2.1. The frontage of the application site that rounds onto Raphael Road comprises a mix of the styles of both roads and incorporates a hipped roof rather than dormers. The depth of the front garden is similar to others on Raphael Road.
1.3. The character of the frontages onto Grosvenor Road is replicated in the frontages of the terraced row onto Raphael Road but in contrast the terraced row is less tall, the dormer windows have flat tops, the dwellings are wider and the front gardens are shorter.
1.4. The dwellinghouse looks out over the junction with Grosvenor Road and Raphael Road, associated on street parking and two buildings of a completely different character.
THE PROPOSAL 2.1. Planning approval is sought for the conversion of the building, no.8 Raphael Road, to provide four flats; a) Flat 1, ground floor 1 bed a flat b) Flat 2, ground floor 2 bed flat where the 2nd bedroom is on the 1st floor. c) Flat 3, first floor 2 bed flat d) Flat 4, 2 bed flat
2.2. As part of the conversion and to facilitate the conversion the following works are proposed.
a) Removal and construction of some internal walls which includes an additional staircase within flat no.2. b) Replacement roof slates; c) Replacement of upvc windows with upvc windows. d) Rear yard access door replaced, guttering and downpipes replaced.
PLANNING HISTORY 3.1. There are other planning applications associated with the building however only those considered to be most materially relevant to the assessment of this planning application are listed below.
3.2. 01/01517/C - Change of use of first floor to additional nursery accommodation. Permitted. 3.3. 08/00595/B - Change of use of first and second floors to additional accommodation in association with ground floor children's nursery. Permitted.
PLANNING POLICY
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4.1. The site is located within an area designated as Predominantly Residential within the Woodburn Road Conservation Area. 4.2. The site is not a Registered Building and there are no protected trees on site nor are there any of either within its' setting. The site is not within a flood zone. 4.3. Within the adopted Isle of Man Strategic Plan 2016, the following policies and documents are considered to be relevant in the determination of this application.
4.4. Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing 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
4.5. Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced
4.6. Strategic Policy 4: Proposals for development must protect or enhance the fabric and setting of buildings within a Conservation Area.
4.7. Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network.
4.8. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
4.9. Environment Policy 35 states that 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 features contributing to the character and quality are protected against inappropriate development.
4.10. Housing Policy 17: 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.
4.11. Chapter 10, Paragraph 10.5.1 Community facilities are those services or facilities that provide for the needs of the Island population. Community facilities include schools.
4.12. Community Policy 3: Development (including the change of use of existing premises) which results in the loss of a local community facility (other than shops and public houses) will only be permitted if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community.
4.13. General Policy 2: 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 accords with the criteria of the Policy. In this case the following criteria are considered relevant (a), (b), (c), (d), (g), (h), (i), (j), (k), (l), (m), (n);
(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;
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(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; (n) is designed having due regard to best practice in reducing energy consumption.
Other Material Considerations
5.1. Legislation 5.2. Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given below.
5.3. Housing (miscellaneous provisions) Act 2011
5.4. Policy Statements and Circulars 5.5. Planning Policy Statement 1/01 states that 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 features contributing to the character and quality are protected against inappropriate development.
5.6. Planning Circular 1/98; The alteration and replacement of windows, the policy for Category B 'buildings in conservation areas' states, ''If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern, and section of glazing bars, and the same frame sections as the original windows'.
5.7. The Residential Design Guide provides guidance on all aspects of design including architectural guidance to ensure retention of the existing character of a building that includes attention to detail of scale, position, symmetry, glazing, materials and texture, and consideration of the impacts upon residential amenity.
REPRESENTATIONS
6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.2. Highways (26.04.2024) No objection: no significant impact on the highway network and site is in a suitable location, Douglas centre.
6.3. Manx National Heritage - although consulted on the 19.04.2024 has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. 6.4. Douglas BC - although consulted on the 19.04.2024 has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. 6.5. Registered Building - although consulted on the 19.04.2024 has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
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6.6. Manx National Heritage - although consulted on the 19.04.2024 has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
6.7. Other comments received;
6.7.1. Increased traffic; Parking area Zone H has reached capacity there is not enough room for between 4-18 vehicles which the conversion to 4 additional houses could create. 6.7.2. Would result in additional pressure on local services such as waste collection and water supply. 6.7.3. Loss of privacy for surrounding homes. 6.7.4. Loss of aesthetic appeal, the existing building contributes to the character of the neighbourhood. 6.7.5. Noise and disturbance from over occupancy
ASSESSMENT
7.1. Principle
7.1.1. The application site is located within an area zoned as predominantly residential therefore the principal of conversion to a residential use is acceptable.
7.1.2. It's previous use as a children's nursery has come to end for various reasons associated with its' operational activity, and no alternative found.
7.2. The main issues to consider in the assessment of this planning application are; (i) The impact of the proposed development on the character of no.8 Raphael Road and terrace of Grosvenor Road within the Woodbourne Conservation Area; (ii) Whether the windows preserve or enhance the character or appearance of the Woodbourne Conservation Area. It is pertinent to consider this application against Environment Policy 35 and Planning Circular 1/98. (iii) Whether the elements of the conversion would have any adverse impacts upon residential amenity.
Impact upon Conservation Area
7.3. Use: The existing and last use of the building has been in the use of a nursery school. The use results in associated paraphernalia of outdoor play and signage, some of which could cause slight harm to a Conservation Area.
7.3.1. The proposed use of residential flats is a use replicated within Raphael Road and connecting streets. Residential use results in the accumulation of domestic paraphernalia which can cause harm to a Conservation. There exists domestic paraphernalia visible within the Conservation Area, a street of residential properties. Therefore it is considered that the change of use would not cause harm to the Conservation Area.
7.4. Windows: The proposal seeks to replace the existing UPVC windows with windows similar to existing.
7.4.1. There exists flat topped windows within arched window openings and these do not contribute to the character of the building or conservation area. To replace like for like would not preserve the conservation area. 7.4.2. Following discussions with the agent and applicant a compromise has been agreed. The new UPVC windows, where relevant, shall have an arched top in keeping with the arched opening. As a result the opening changes and instead of being top openers the windows will be bottom openers. Although sash windows would be preferred, the compromise is considered to
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be an improvement on that which exists resulting in an enhancement that will preserve the character of the building and therefore the conservation area.
7.5. Bin Store: No objections raised to the installation of the proposed timber structure. It is of natural materials and will obscure unsightly bins which better preserves the character of the Conservation Area.
7.6. Bi-cycle Store: No objections raised to the installation of the proposed timber and metal structure. It is of natural materials and will provide a tidy, secure facility for the storage of bi-cycles. The natural materials will not detract from the character of the Conservation Area.
7.7. Residential Amenity
7.7.1. Residential amenity applies to occupants of the application site as much as it does to neighbouring residents, therefore consideration is made of the proposal as a whole.
7.7.2. In respect of the occupants of the proposed four flats it is considered there is adequate internal space and external space for the hanging out of laundry, sitting, waste storage, bi- cycle storage and general circulation. The proposed number of flats is not considered to result in over occupancy of the building.
7.7.3. The conversion is unlikely to cause any additional overlooking, loss of privacy above that which exists save for the fact that people will be in the rooms at different time of the day compared to the nursey. However the front elevations of the dwellings on the opposing streets are considered to be sufficiently apart as to not cause harm to residential amenity.
7.7.4. As outlined within this report, the proposal seeks to make improvements to the aesthetics of the building. Therefore the proposal would not result in loss of character more likely it will improve the existing visual.
7.7.5. In respect of parking, the previous use schooling around 60 children with 10 staff would have generated a high level of activity at the beginning and the end of the school day, and possibly mid-day for those children not partaking in a full day. As such the level of activity for four flats housing potentially 14 people should be less.
7.7.6. It is accepted that parents would be parking for a short time compared to occupants, and that during the evening when the majority of people are at home, the number of vehicles parked could be greater; based on the assumption that all occupants have a car. People work shifts and therefore it is possible that the parking of vehicles would vary.
7.7.7. Nonetheless during site visits whilst the roads were busy with parked vehicles there were available spaces. Each car user is responsible for their own responsible parking.
7.7.8. Appendix 2 (f) of the Strategic Plan gives guidance on the relationship between strategic objectives and policies. In respect of Strategic Policy 1, item (f) reduce the need to travel and encourage the use of existing infrastructure rather than private car.
7.7.9. Appendix 7 - A.7.6 - Parking Standards adds guidance stating situations where it might be acceptable to relax parking standards. Item (a) would secure the re-use of a Registered Building or a building of architectural or historic interest and, (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. This is echoed in Chapter 3 of the Strategic Plan, paragraph 3.5 (a) and (b). Which also connects with Strategic Policy 10.
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7.7.10. The proposal is located within Douglas centre, walking distance to many amenities and employment opportunities. In addition the proposal includes the provision of secure bi-cycle storage.
7.7.11. Whilst it is accepted that there is a problem with the level of vehicles parked on the street, in weighing up the planning balance, the proposal is acceptable and accords with the local plan.
CONCLUSION
8.1. Having regard to Section 18 (4), Planning Circular 1/98 and Planning Policy Statement 1/01 the amended proposal is considered to enhance the building from that which exists and so preserve the conservation area in accordance with the Planning Circular and Statement.
8.2. The development would not cause harm to residential amenity and is considered to at best reduce impacts compared to the previous use and at worst have a neutral impact.
8.3. For the reasons given in the assessment the proposal is considered to accord with the Design Guide and Housing Strategic Policies 1, 3, 4, 10, 34, 35 Policy 17 and General Policy 2 of the Isle of Man Strategic Plan 2016.
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 can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 19.07.2024
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Determining officer
Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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