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24/91177/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 24/91177/B Applicant : MSN Roofing And Scaffolding Proposal The demolition of the existing building and the erection of a two storey building to create an apartment with garage /store below. Site Address Store And Garage 2 - 4 Parr Street Lane Douglas Isle Of Man IM1 1BN
Case Officer :
Jason Singleton Photo Taken :
05.12.2024 Site Visit :
05.12.2024 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 12.03.2025
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 garage hereby approved shall at all times be made available for the parking of private motor vehicles(s) and shall be retained available for such use.
Reason: To provide adequate off-street parking.
N 1. Bats and birds are legally protected under the Wildlife Act 1990 and this includes protection from recklessness. We advise that demolition is undertaken outside of the dates of March - August inclusive to avoid nesting birds. Even if demolition takes place outside of these dates, thorough checks for bats and birds must take place prior to demolition and should evidence of bats and birds be found, works must stop and advice be obtained from the Ecosystem Policy Team on 651577.
This application has been recommended for approval for the following reason. The proposed re-development would comply with Strategic Policy 1, Spatial Policy 1, General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan (2016).
Plans/Drawings/Information;
This decision relates to drawings and supporting information submitted on 14 October 2024 Referenced;
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PTA-257-01 Location and Site Plan and amended plan referenced PTA-257-03 Proposed Plans and Elevations- received on 26th February 2025 __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas City Council - No Objection DoI Highways Services - No Objection DoI Highway Drainage - No Objection
It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria:
No.3, Orry Street, Douglas - overlooking and parking No.5, Orry Street, Douglas - overlooking and parking No.2, Parr Street - overlooking, parking, privacy No.5, Parr Street, Douglas - parking and over-development No.9, Parr Street, Douglas - parking and over-development
It is recommended that the owners/occupiers of the following properties NOT should be given the Right to Appeal because:
No.31A, Allan Street, Douglas - parking and over-development - Objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact Assessment is required) (A10(2)(b))
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Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE LEVEL OF OBJECTION FROM THE PUBLIC, CONTRARY TO THE RECOMMENDATION OF THE PLANNING OFFICER
1.0 THE SITE 1.1 The application site is the curtilage of No.2-4 Parr Street Lane, Douglas. The property is a two storey building that sits at the rear of two parallel streets where the rear of Parr Street is to the West and the rear of Orry Street to the East. To the south is the apartment block of Tynwald Court (retirement flats) and to the further north is Allan Street. A lane way runs to the front (East) and side gable (South). To the front of the building is an open space that is used for vehicle parking.
1.2 The property is characterised as an end of terrace building with a part rendered and part exposed Manx stone gable wall (South). The front and rear elevation is exposed brick finish under a pitch tiled roof. The front elevation has a roller shutter door and two pedestrian doorways at ground floor level and at first floor two smaller windows and a boarded up doorway. To the rear are those residential properties that back onto the site, namely No.2 & No.4 Parr Street. Opposite the front elevation is No.3 Orry Street. Internally the building occupies two floor with a staircase located to the inside of the front elevation.
2.0 THE PROPOSAL
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2.1 Proposed is the demolition of the existing building and on the same footprint the rebuilding with a two storey building with garage and store to the ground floor and residential accommodation above. Essentially to reflect the current subdivision. The accommodation would be a two bedroom flat type with open plan living and kitchen.
2.2 Externally the new building would reflect the former in terms of size and scale and would see the introduction of additional fenestration openings to allow for windows, doors and bin storage area on the front elevation. The front and gable elevation would see the introduction of glazing elements to correspond to the new internal spaces. The proposal will see the incorporation of roof lights front and rear.
2.3 To the rear a former window will not be included on the replacement to the rear of the garage and where an existing window was located this is now reduced in size with a higher cill level and obscure glazing which serves the store room.
2.4 The new building would be finished with Painted render to the gable end (south) and to the front elevation reclaimed facing brick (existing brick) from the demolition. The roof would be covered in imitation grey slate with roofing lights. The proposed fenestration would utilise Upvc frames with double glazing.
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is within an area recognised as being predominantly residential use under the Area Plan for the East (Map 5). The property isn't within a Conservation Area nor a Flood Risk Zone.
3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 5 Design and visual impact
Spatial Policy 1 Douglas is defined as a main employment service centre
General Policy 2 General Development Considerations
Environment Policy 42 Designed to respect the character and identity of the locality
Housing Policy 17 Conversion of Buildings into Flats
3.3 Paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 states: "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."
3.4 Residential Design Guidance provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.
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3.5 TOWN AND COUNTRY PLANNING (CHANGE OF USE) (DEVELOPMENT) (NO. 2) ORDER 2019 - Class 2
Change of use to flats or offices (1st floor or above) The change of use of a building (excluding the ground floor or basement) which is located within an area specified in Schedule 2 from a use - (a) falling within Use Classes 1.1 (Shops), 1.2 (Financial and professional services), 1.3 (Food and Drink), or 1.4 (Hot Food Takeaway); (b) use as a pay day loan shop or a betting office/shop; (c) falling within Use Class 2.1 (Office); (d) falling within Use Classes 3.1 (Hotels and guest houses), 3.2 (Hospitals, nursing homes and residential institutions), 3.3 (Dwellinghouses), 3.4 (Flats) or 3.5 (Houses in Multiple Occupation); or (e) falling within Class 4.1 (Clinics or health centres), Class 4.2 (Childcare or Education), Class 4.3 (Other Community Facilities) or Class 4.4. (Assembly and Leisure), to a use falling within Use Classes 2.1 (Office) or 3.4 (Flats), or any combination of such uses.
Conditions 1 The development shall not result in there being more than 7 flats within a building. 2 No flat shall be created which does not have independent access (internal or external) from the primary frontage. 3 No flat shall be created which does not have an outlook which includes a view of a highway from at least one primary window. 4 No flat shall be created which does not have suitable bin or bicycle storage provision. 5 No development shall be approved under this class which results in the loss of 500 square metres or more of retail floorspace."
4.0 PLANNING HISTORY 4.1 The application site has no relevant planning history material to this planning application.
4.2 It is worth noting to the north of the site No 9 and 15, saw the creation of two new 2 storey dwellings under planning ref; 21/01390/B - Approved.
5.0 REPRESENTATIONS 5.1 Douglas Borough Council commented (01/11/24) with no objection.
5.2 Highways Services commented (14/02/25) with no objection, stating; "Highway Services HDC have reviewed the updated information for application 24/91177/B dated 12th Feb 2025 online and can comment that HDC would continue to not oppose (DNO) the application due to its location in Douglas Centre - the proposal to add a parking space within the new garage on the updated plans would be welcomed. A condition on the application such that the garage door cannot swing or encroach onto the highway should be attached to permission (for highway safety purposes). An additional condition that the garage can only be used for the storage of vehicles could also be considered to be attached to permission (for cycle and vehicle parking amenity purposes)".
5.3 Highways Drainage commented (22/11/24) with no objection. "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: The applicants should be aware of and comply with the comment above."
5.4 DEFA Ecology (04/03/35 - No objection and comments potential for nesting birds or bats given condition of the property and suggest a condition for avoidance measurers for demolition.
Neighbouring Property comments
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5.4 The following properties have written in during the consultation period who between them raised the thematic issues and evidenced this with photographs No's; 2, 5, 9 Parr Street, Douglas 31A Allan Street, Douglas 5 Orry Street 3 Orry Street
o Lack of parking provision in the area and surrounding streets o Highway Safety as a result of parking on double yellow lines o Lack of a parking survey o No need for more accommodation in the area o Overlooking of residential property (3 & 5 Orry Street) o Devaluing of properties o Loss of privacy (2 Parr Street) to back yard, kitchen and bedroom on the rear o Limiting of access to the side and rear laneway o Impact upon mental health and wellbeing of resident (2 Parr Street) o Overlooking from the rear (5 Orry Street) to back yard, kitchen and bedroom on the rear o Less than 10m from window to window o Noise pollution and disruption from the construction impacting the residents' quality of life o No need for more accommodation in the area o Parking on pavement is damaging the footpaths and high traffic problems.
6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are; (i)
(i) PRINCIPLE 6.0 The site falls within the settlement boundary of Douglas and an area zoned for residential development, and principally would be in general in accordance with SP1 and STP2. In this case the principle of use of the existing building for residential occupation, in an area that is zoned for such use and surrounded by residential uses would be acceptable. There is a general presumption in favour of development through the strategic plan, provided such development would not have an adverse impact on either adjacent properties or the surrounding area, as assessed below. As such this aspect would comply with the land use designation (TAPE), Strategic Policy 2 and Spatial Policy 1 of the IoM Strategic Plan.
(ii) DESIGN & VISUAL IMPACT 6.1 The proposed demolition of the building and the erection of a replacement building in an almost like for like manner, mirroring the existing levels of the fenestration and sub-division of the floor space would be acceptable in this instance.
6.2 The front elevation would make use of the existing brickwork fenestration (having being demolished) but also includes the creation of a doorway opening and installation of a window where at present there is a door and the creation of a bin store doorway. The installation of garage doors on the ground floor echoes the current arrangement and provides parking within the building for one vehicle. Above these garage doors to the first floor (residential) would see the installation of patio doors with Juliet style balcony glazing looking out towards Orry Street. Within the gable end (south) of the building would see the creation of an opening to install two portrait style windows aligned to centrally position them across both floors.
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6.3 In terms of visual impact, it is important to acknowledge this site is not on a main highway but more a service lane where there is lesser public through fare compared to either Parr Street or Orry Street and will have limited views. In terms of visual amenity, it is considered that the use of reclaimed brick from the demolition and the fenestration elements will give the building a more residential appearance which would ensure that it ties in better with the adjacent residential properties albeit of a different style, with this site having a slightly more modern / contemporary appearance with it being newer. The alterations are considered to result in improvements over the existing built fabric on site which has a more industrial/commercial look within a defined residential area. The development would also integrate 'velux' type roof lights in the roof pitch to both roof plane.
6.4 This aspect is deemed to be an acceptable form of development without harming the visual character and quality of the streetscene or to the property itself in accordance with STP5, GP2(b,c) and Ep42.
(iii) AMENITIES FOR FUTURE OCCUPANTS 6.5 In terms of Hp17, but noting this is not a conversion but a demolition and rebuild to create a first floor apartment. It has to be considered the future use of the space and its suitability for residential accommodation in terms of general amenity, outlook and parking. The proposed flat at first floor level would be large enough to provide adequate an amount of space with the usual arrangement of habitable rooms that would measure on the ground floor, approx. 74 sqm internally measured with a garage and store of similar size below and an internal staircase and separate bin storage area.
6.6 This provides an internal configuration of two 'double' bedrooms featuring roof lights above giving natural light to the kitchen / dining area, the bathroom and hallway. This helps to minimise and windows to the rear at first floor level and the first floor window to the front would be for a stairwell, living room and bedroom/study. The flat would offer a floor area with open plan kitchen living and dining area that would offer adequate space to allow for the drying of clothes. The main living accommodation would feature a windows to the front and the side with views out towards the adjacent properties, albeit its character is varied and not unattractive but would be one of an active streetscene.
6.7 Whilst there is no amenity space or garden being provided, the site is within Douglas and easy access to the Beach and villa marina gardens for any respite and close enough to shops and services to not be reliant on for a vehicle. The property is within central Douglas with adequate facilities and accessibility to public transport if required. On balance this aspect would accord with HP17 and considered to comply with policy GP 2 (h & n).
(iv) IMPACT ON NEIGHBOURING AMENITY 6.8 Taking into consideration the comments received from the consultation as noted in paragraph 5.4, the neighbours raise a number of issues. Taking into consideration those material considerations and the nearest properties to be impacted through this development, the main aspect here being any overlooking resulting in a loss of privacy, it is noted the inherent design internally, the fenestration placements to the front and rear elevation the use of velux windows and how the proposed windows and doors correspond to the surrounding properties, has sought to reduce any overlooking particularly at first floor level or has introduced obscure glazing.
6.9 The level and scale of the re-development proposed here, especially being contained to the sites constraints of its footprint are and designed to reflect the current proportions in terms of design ,scale and massing are considered to be relatively modest without having an undue impact upon the neighbouring amenity through any overlooking leading to a loss of privacy, or would have an overbearing impact that could also result in a loss of light, specifically those to the sides, front and rear.
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6.10 On balance, for the reasons noted above, these aspects would be considered to be compliant with those sections of General Policy 2(g).
v) Potential impact upon highway safety/parking provision 6.11 The proposals provide off street parking within the garage for one vehicle which reflects the current arrangement. Given the wider objections to parking availability in the area as raised by the residents, the location which is considered highly sustainable and is within close proximity to a public transport corridor along Westmoreland Road.
6.12 In this instance it could be considered appropriate that parking standards can be relaxed in accordance with the strategic plan (appendix 7) due to the availability of access to public services and additionally that the parking demand of one residential property is likely to be equal to the current arrangement. It is also noted that highways services have confirmed that the location is sustainable and do not object. In this respect, it is considered that the proposals would be in accordance with Transport Policy 7 due to the proximity of a transport corridor to the site and the proposals include a vehicle parking space within the development.
Other vi) None.
7.0 CONCLUSION 7.1 The planning application would be an acceptable form of re-development within a defined residential area that has been designed to ensure that it would not harm the character of the area in terms of visual appearance nor would the use and enjoyment of neighbouring properties amenities be affected by the proposals.
7.2 As such the proposals would comply with Strategic Policy 1, Spatial Policy 1, General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan (2016). The application is therefore recommended for approval.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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:...14.04.2025
Signed : J SINGLETON 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
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.
PLANNING COMMITTEE DECISION 14.04.2025
Application No. :
24/91177/B Applicant : MSN Roofing And Scaffolding Proposal : The demolition of the existing building and the erection of a two storey building to create an apartment with garage /store below. Site Address : Store And Garage 2 - 4 Parr Street Lane Douglas Isle Of Man IM1 1BN
Senior Planning Officer : Jason Singleton Presenting Officer As above
Addendum to the Officer’s Report
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At the meeting of the committee on 14/04/25, members sought to firm up the condition 2 for the parking and garaging to ensure this is related to the property and retained for the use in conjunction with the flat above to prevent two separate uses on site.
the new condition now reads; The garage hereby approved shall at all times be made available for the parking of private motor vehicles(s) in conjunction with the flat above at No.2-4 Parr Street and shall be retained available for such use.
Reason: To provide adequate off-street parking.
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