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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No.: Applicant: Proposal: 14/00489/B Mr Poon Cheung Conversion of dwelling into two apartments and erection of store to rear elevation 14 Falcon Street Douglas Isle Of Man IM2 3HA Site Address: Mr Edmond Riley Case Officer: Photo Taken : Site Visit: Expected Decision Level: Officer Delegation Officer's Report 1.0 THE SITE The application site is an end-terrace building situated in Douglas on the corner of Falcon Street and its junction with an unnamed service lane running roughly northwest- southeast and which connects Bathurst Street to the north and Derby Road to the South. It is a three-storey dwelling with a two-storey outrider that has at some time in the past been used as a shop at the ground floor level with living accommodation above. The living accommodation above has been in more recent use than the shop, the former apparently still in active use during 2013. There is a small yard to the rear that is also within the application site. 1.1 Adjoining the site to the rear is Falcon Cottage, which is a two-storey dwelling whose curtilage is also its footprint, Tfie area is very much characterised by its dose-knit feel, derived from the terraced nature of the streetscene; a takeaway restaurant lies to the south, but otherwise the area is residential in nature. To the north is the old Falcon Brewery site, which has recently been redeveloped for residential accommodation. The old brewery building itself is Registered. Although two Conservation Areas (Douglas Promenades and Woodbourne Road) are nearby, neither are visible from the application site or vice versa. 1.2 The terrace in which the application site sits present some bay windows at ground floor, as do the terraces immediately south to the west and east; the terrace immediately west, however, does not have this feature. The terraces are generally well-kept, and most offer render finishes and have a number of attractive and interesting details in the form of cornices, hood moulds and string courses that are often given a feature colour. 1.3 2.0 THE PROPOSAL Full planning approval is sought for the conversion of the existing building into two separate apartments. At ground floor, this would take the form of a single bedroom flat, while on the two storeys above one four-bedroom flat would be provided; this iatter flat would be identical in its internal layout to the existing flat. 2.1 An "alternative transport store" is proposed to be added to the rear outrider; this would be monopitched roof, angled down away from the rear outrider, and finished with grey slate to match the existing building. Access to the store would be via a pair of timber doors; 2.2 Page 1 of 6 28 July 2014 14/00489/B

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this would provide the sole additional building as part of the proposai, aithough an existing door on the corner of the unit would be biocked up and a ground floor window reinstated. 3.0 PLANNING HISTORY 3.1 The application site has not been the subject of any planning applications considered to be of material relevance to the determination of the current application. 4.0 PLANNING POLICY The site is within an area zoned as "predominantly residential" on the Douglas Local 4.1 Plan. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains five policies that are considered specifically material to the assessment of this current planning application - General Policy 2 states in part: "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: 4.2 (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; does not affect adversely the character of the surrounding landscape or townscape; does not affect adversely the amenity of local residents or the character of the locality; 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, and does not have an unacceptable effect on road safety or traffic flows on the local (c) (g) (h) (i) highways". Housing Policy 4 of the Isle of Man Strategic Plan 2007 states: "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: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: 4.3 (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; conversion of redundant rural buildings in accordance with Housing Policy 11; and the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14." (b) (c) Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive." 4.4 Paragraph 6.2 of the Strategic Pian contains General Policy 2, the relevant extract of which has been provided above. Housing Policy 17 states: "The conversion of buildings into flats will generally be permitted in residential areas provided that: 4.5 (a) adequate space can be provided for dothes-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 28 July 2014 14/00489/B Page 2 of 6

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(c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area". Transport Policy 7 of the Isle of Man Strategic Plan 2007 states: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." 4.6 5.0 REPRESENTATIONS AND CONSULTATIONS 5.1 Douglas Borough Council do not object to the planning application. Highway Services initially objected to the planning application. Their comments read in full as follows: "In accordance with the lOM Strategic Plan, 4 off street parking spaces would be required for this development. The existing dwelling currently does not provide any off street parking. The applicant has attempted to provide alternative parking for cycles, and with a relaxation in standards, the planning application would increase the need for on street parking in an already over congested residential area". After discussion with Highway Services, they revised their comments to: "Do not oppose. This proposal would require 3 off street parking spaces in accordance with the lOM Strategic Plan. Currently there is not off road parking at this location, the applicant has provided secure alternative parking for cycle/motorbike, and as such highways have accepted this reduction in standards". 5,2 6.0 ASSESSMENT The site is within an area zoned for residential development, which is reflected in the prevailing uses here. The principle of the proposal is therefore accepted. The key issue for the assessment, then, is the extent to which the application site is an appropriate location for a new residential unit, for which a view must be made in respect of the parking provision and effect of the proposal on private and public amenity. Perhaps the key policy is Housing Policy 17, which sets out the criteria by which such an assessment should be made. 6.1 Private amenity issues From the point of view of private amenity, the proposal is likely to have something of a neutral impact. A window will be reinstated and the existing entrance door blocked up, and a small, single-storey extension is proposed for the rear. None of these is likely to negatively affect neighbouring dwellings in terms of privacy or overbearing issues given the existing situation and the relationship of the existing dwellings with one another in the area, 6.2 it is also considered that the interna! space will be sufficient for clothes-drying and general amenity in the ground floor flat; although it is small, the lounge is relatively generous in size and there are two bathrooms - one en-suite. The issue is less problematic in the larger flat, which comprises some four bedrooms over two storeys. 6.3 Public amenity issues In terms of public amenity, there are two issues to consider - first, the impact of the proposed physical changes on the nature of the streetscene and, second, the impact of the proposed development in terms of highways safety and parking. 6,4 6.5 The provision of the alternative transport store is welcome in terms of parking issues (which are addressed in more detail below), and its design is acceptable; the form is diminutive relative to the existing built development and could not be said to be inappropriate in terms of design, massing or materials. 28 July 2014 14/00489/B Page 3 of 6

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While the loss of the door is a little unfortunate inasmuch as with this loss would also go the physical/visual link to the unit's historical use as a shop, it is considered that an objection on this point alone could not be sustained. However, it is recommended that a condition be attached to any approval that may be forthcoming requiring the new walling be finished in ail matters to match the existing wall. The new window and roof are both clearly shown and clearly annotated on the submitted plans and a similar condition on these matters is not required. 6.6 Highways safety and parking The existing use of the unit is as a shop at ground floor level and a residential unit above. That neither of these uses is currently active is irrelevant, albeit that it is first important to assess whether or not those uses have been "abandoned". If one or both uses have been abandoned, there would in effect be a nil use for the building, with no fallback position against which to assess the current proposed uses. 6.7 In assessing whether or not abandonment has taken place, there are four equally- weighted factors that must be considered: (1) the physical condition of the building; (2) the length of time for which the building had not been used; (3) whether it had been used for any other purposes, and (4) the owner's intentions. These are to be tested by considering whether a reasonable person with knowledge of all the circumstances would conclude that the building had been abandoned. It could not be reasonably said that the residential use on the 2nd and 3rd storeys should be considered as abandoned. The applicant has advised that the flat above has been in use within the last 18 months, and similar advice was received during a conversation between the case officer and neighbouring residents during the site visit. 6.8 The Rates team were contacted for their advice, and a letter from the residents of the building - the same as the current applicant - was provided, indicating that their intention was to live in the property above the premises and not retail anything from the property below. This letter was dated 19th April 2000. It does not appear that the downstairs unit has been used for any other purpose since that time. The physical condition of the building as a whole is relatively good. The fact that the retail unit could, with some minimal internal renovation, probably be used for retail purposes is perhaps the overriding factor, and account should also be taken of the fact that the historic use of the unit as a shop has been corroborated by local people. It is therefore not considered that the retail use could reasonably be considered as abandoned. 6.9 6.10 and it is appropriate to balance this fact against use proposed by this planning application. The input from Highway Services is perhaps the best starting point. As such, the unit could be brought into active use (and within a reasonably short time) It is noted in the first instance that they no longer object to the application. Were the 6.11 unit to be operated commercially, it is considered that this would be materially worse from a parking point of view than the proposed residential use: commercial units can open for long hours, and generally attract far more visitors by car than a residential dwelling would. 6.12 Although it cannot be ignored that there appears to be no intention to use the downstairs property as a shop, the fact that it could be used in this manner should not be discounted when assessing the current application. It is also noted - and welcomed - that the applicant has shown space for bicycles and motorbikes in the proposed rear extension. While a planning condition requiring these to be used rather than a private car would be ultra vires, the opportunity for alternative options is there and this must be balanced against the harm that would arise from the implementation of the proposal. 6.13 While there will be additional parking pressure in the area should the development be completed, it should be acknowledged that the "fallback" position of the unit being used as a 28 July 2014 14/00489/B Page 4 of 6

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shop could be taken up without planning approval. On balance, then, the parking situation is considered to be acceptable. 7.0 RECOMMENDATION It is recommended that approval be granted, subject to conditions. 7.1 8.0 INTERESTED PERSON STATUS In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the appiication; the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits. 8.1 Recommendation Recommended Decision: Date of Recommendation: 28.07.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. To comply with article 14 of the Town and Country Planning (Development Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C2. The new walling shall be finished in all matters to match the existing walling on the application site unless otherwise agreed in advance with the Planning Authority. Reason: In the interests of the character and appearance of the site and surrounding area. This approval relates to the following plans, date-stamped as having been received 24th April 2014: 1656-01 and 1656-02. Page 5 of 6 28 July 2014 14/00489/B

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I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. Decision Made : Date : Determining officer (delete as appropriate) Signed :... Sarah Corlett Senior Planning Officer Signed :... Chris Balmer Senior Planning Officer Signed ;... Michael Gallagher Signed :... Jennifer Chance Director of Planning and Building Control Head of Development Management 28 July 2014 14/00489/B Page 6 of 6