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Application No.: 24/91378/C Applicant: Mr Robin Johnson Proposal: Change of use from offices to three residential apartments Site Address: West Building Nunnery Mill Old Castletown Road Douglas IM2 1QA Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.03.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: In the interests of the appearance of the development and of the amenities of the area.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
This application has been recommended for approval for the following reason.
The application site is in a sustainable location and zoned for Predominantly Residential Use. Whilst the proposals will result in the loss of office space, the building is vacant and has not been used for some 5 years. The proposed development will provide an appropriate re-use for the building while supporting the supply of housing in the area. The development will not give rise to any significant adverse impacts and is considered to comply with Strategic Policies 1 and 10, Housing Policies 4 and 17, Environment Policies 10 and 23 and Transport Policies 4 and 7.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 9 December 2024:
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Ecosystem Policy Team No objection Flood Risk Management No objection Douglas Borough Council No objection Department of Transport - Highway Services 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: The Dolls House, Old Castletown Road, Douglas
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site comprises the west building of 2 no. 3 storey office buildings at Nunnery Mill, Old Castletown Road, Douglas. - 1.2 The buildings have been used historically as office space but currently lie vacant and the application submits that there has been no active office use at the site for the past 5 years.
1.3 The building is finished externally in Manx stone walls, natural slate roof and painted timber windows. The two buildings are linked by a bridge at second floor level. - 1.4 The site contains a large parking area to the north and east of the buildings and is accessed of the public highway via a gated entrance to the southern boundary.
2.0 THE PROPOSAL - 2.1 The proposal seeks to change of use of the West building from Use Class 2.1 Offices to Use Class 3.4 Flats. A total of three flats are proposed. - 2.2 The flats will be provided at first, second and third floor level. The ground floor will be used to create a shared gym and bike store. The flats will be accessed via a shared lift and stairwell. - 2.3 Each flat will benefit from 2 bedrooms, living room, kitchen and bathroom facilities. - 2.4 6 parking spaces are provided to the northern car park. A private amenity garden is also provided together with bin and oil tank storage.
3.0 PLANNING POLICY - 3.1 The site lies within an area designated as Predominantly Residential on Map 4 of the Area Plan for the East. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance. The site is within an area identified as being at high risk of tidal flooding, though it is defended. - 3.2 Strategic Policy 1: "Development should make the best use of resources by:
3.3 Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.4 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to:
3.5 Environment Policy 10 "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission." - 3.6 Environmental Policy 23 states "When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours."
3.6 Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans…"
3.7 Housing Policy 17: "The conversion of buildings into flats will generally be permitted in residential areas provided that:
3.8 Transport Policy 4: "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." - 3.9 Transport Policy 7 states: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' - 3.10 General Policy 2 of the Strategic Plan is considered applicable, 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:
5.0 PLANNING HISTORY - 5.1 The most recent applications for the site are as follows: 17/01152/D - Erection of Signage - 22 Jan 2018 - Permitted 12/00116/B - Construction of Glass Lift to East Elevation & Canopy to North Elevation - East Building - 5 Mar 2012 - Permitted
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Douglas Borough Council - No objection
DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the existing access, proposed layout and allocated parking is acceptable for this part conversion of the existing building, subject to conditions on cycle parking, bin storage and apartment allocated parking to be conditioned to be implemented before first occupation and retained thereafter (for sustainable transport and residential amenity purposes).
Ecosystem Policy Team - No objection There is an active bat roost in the West Nunnery Building. Bat roosts are legally protected under the Wildlife Act 1990. The Ecosystem Policy Team do not object to the change of use from office to residential. However, the applicant must ensure that the internal building works do not result in the damage, destruction or disturbance of the active bat roost. Therefore, the applicant must get in contact with the Ecosystem Policy Team prior to building works so that we can provide more information about the roost, and so that written advice can be provided which details the measures that must be put in place to ensure that bats and their roost spaces are protected throughout the works. We note that no external works are planned. However, should the applicant wish to undertake any external alterations or repairs, again the Ecosystem Policy Team must be consulted prior to works taking place so that written advice can be provided,. We would encourage the applicant to get in contact with us a soon as possible prior to works starting so that there is plenty of time for the advice to be provided. Bats are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and it's an offence to intentionally or recklessly: kill, injure or take a bat; damage or destroy, or obstruct access to, any structure or place which bats use for
shelter or protection;
disturb any bat while it is occupying a structure or place which it uses for that purpose. The maximum penalty that can be imposed is a fine up to £10,000. Flood Risk Management - No objection - FRM have read the Flood Risk Assessment and would like to have section 3.3 conditioned to any approval.
6.2 1 objection has been received from members of the public and can be summarised as follows: Welcome the continuing use but concerned over greater overlooking of bedroom and lounge from the proposed three flats. Increased by evening and weekend use which offices do not have. Neighbouring trees are registered and this should be noted.
7.1 The key considerations in the determination of the application are:
7.2 The application seeks permission for the change of use of the western office building to three residential flats. The application site is located in an area that is zoned for Predominantly Residential Use within Douglas and Housing Policy 4 supports housing in towns and villages.
7.3 The site is located within an accessible and sustainable area that can be accessed on foot, bicycle, public transport and private motor vehicle. The location for residential development therefore complies with Strategic Policy 10. - 7.4 In permitting the change of use to residential, any decision will result in the loss of office floor space within the area and this must be given due consideration. The application states that the building has not been in use for five years and has stood vacant in that time. - 7.5 Strategic Policy 1 supports the best use of resources, including the optimisation of under and disused buildings. Housing Policy 17 also supports the conversion of buildings into flats subject to a number of criteria being met. - 7.6 The development will result in the loss of office space but it is evident that the building is underused and the office use located on land not zoned for said purpose. It would appear to Officers that there is a good supply of office space within the town and that the loss of one building to residential use will not undermine the supply of offices such that there might be an adverse impact upon the economy and employment in the area. - 7.7 Having regard to the above, whilst the development would result in the loss of office space, there is no Strategic Policy that seeks to prevent this from occurring. The site is in a sustainable location and zoned for residential use. As such, the principle of development is considered to be acceptable. IMPACT UPON RESIDENTIAL AMENITY - 7.8 Objection has been received from the owner/occupier of The Dolls House, a residential property located to the west of the application site. Concern is raised over loss of privacy from a residential use. - 7.9 The nearest wall and windows to The Dolls House is a little over 20 metres away from the west elevation of the proposed flats. Between there are trees which act as a visual screen to some windows and potential views from habitable rooms within the proposed flats and the Dolls House. - 7.10 Notwithstanding, the separation distance and modest increase in use of the building as flats as opposed to offices is not considered to give rise to a significant impact upon the privacy currently afforded to the neighbouring property. The proposal does not, therefore, conflict with Environment Policy 23. - 7.11 Regarding the amenity of the proposed flats, it is noted that each unit benefits from a pleasant outlook and amenity space, together with bin and bicycle storage is provided within the site. The development is considered to be suitably designed and affords future residents of the proposed flats with a high standard of amenity such that the proposals comply with Housing Policy 17. TRANSPORT - 7.12 The application site is accessed off Old Castletown Road and benefits from good visibility across the road frontage. The proposed residential use will give rise to a general reduction in vehicle movements compared to the use of the building as offices, which could be occupied by more than 20 people at any given time.
7.12 The development is served by 2 parking spaces per dwelling and bicycle storage, which aligns with adopted standards. - 7.13 The site is within an accessible location and so there is potential for future residents to access local services and facilities on foot, bicycle or public transport.
7.14 Overall, the proposed development is not considered to give rise to any adverse impacts upon highway safety and meets relevant design standards for parking. The proposals therefore comply with Transport Policies 4 and 7. FLOOD RISK - 7.15 The application site is located in an area at risk of tidal flooding. The proposed development provides for ancillary facilities at ground floor level, in the form of a gym, bike store and utilities. - 7.16 All residential accommodation is located at first floor and above, which places sleeping and living space out of and above the flood level, thus making the residential accommodation safe should a flood even occur. - 7.17 There is no objection from Flood Management subject to there being no residential accommodation at ground floor and such can be secured by condition. The development is considered to be acceptable in flood risk terms and complies with Environment Policy 10 and General Policy 2. OTHER MATTERS - 7.18 The point noted by the neighbouring resident regarding registered trees is noted, though the development will not impact upon trees in any way. - 7.19 It is noted that there are no external alterations proposed to the building and so the contribution made by the building to the character and the appearance of the area will be unaffected.
8.1 The application site is in a sustainable location and zoned for Predominantly Residential Use. Whilst the proposals will result in the loss of office space, the building is vacant and has not been used for some 5 years. The proposed development will provide an appropriate re-use for the building while supporting the supply of housing in the area. The development will not give rise to any significant adverse impacts and is considered to comply with Strategic Policies 1 and 10, Housing Policies 4 and 17, Environment Policies 10 and 23 and Transport Policies 4 and 7. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 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).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 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. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 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 a Principal Planner 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 and/or rights to appeal.
Decision Made : Permitted Date: 06.03.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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