DEC Officers Report

Case Officer: Mr Edward Baker Photo Taken: Site Visit: 18.06.2014 Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is Apartments 8 and 20, Piccadilly Court, Queens Promenade, Douglas. The site comprises a large block of residential flats on the sea front. The building is of traditional design and appearance but appears to be relatively modern, built in the 1990s.
2. The site is within the Douglas Promenades Conservation Area.

The Proposal

1. The application seeks planning approval for the subdivision of the existing large flat back into two smaller flats. The existing flat has four bedrooms and each of the new flats would have two bedrooms.

Planning History

1. The following decisions are relevant in the consideration of the application:

94/00969/B - approval granted for construction of 48 apartments in four phases with associated car-parking former Piccadilly Hotel site.

Planning Policy

1. The site is identified as being for residential/tourism use by the Douglas Local Plan 1998.
2. The Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of this current planning application.

Strategic Policy 1:

'Development should make the best use of resources by:

Application No.:	14/00641/C
Applicant:	The Executors Of R A C Alston Esq
Proposal:	Re-instatement of existing single apartment into two apartments
Site Address:	Apartment 8 & 20
	Piccadilly Court
	Queens Promenade
	Douglas
	Isle Of Man
	IM2 4NS

• (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using 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.

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.'

Spatial Policy 5:

'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'

General Policy 1:

'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'

General Policy 2 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:

• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption.'

Housing Policy 4 states:

'New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.'

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.'

Representations

1. Douglas Borough Council - no objection.
2. Highway Service - no objection.
3. Environmental Health Officer, DEFA - the proposal must comply with the requirements of the Housing (Registration) Regulations 2013.

Assessment

1. The original plans for the apartment block indicate that Apartments 8 and 20 were originally two flats. The applicant states that they have been in the same ownership and occupied as one large four bedroom flat since 1996. The proposal would revert the flats back into two. Given this and that this is a suitable location for a net additional flat - the area is zoned for residential/tourism and is a sustainable location for housing - the proposal is considered acceptable in principle.
2. No external changes are proposed and the proposal would not impact on the character and appearance of the Conservation Area. Nor would there be any implications for neighbour amenity.
3. The main issue is the knock on consequences for parking resulting from the additional flat. The parking standard set by Transport Policy 7 is a minimum of 4 spaces for two x 2 bedroom flats; and 2 spaces for a single four bedroom flat. Notwithstanding this, there is dedicated off street parking for the apartment block at the rear and this would have provided the parking for the original two flats. It should also be borne in mind that two x 2 bedroom flats might generate a parking demand not dissimilar to one large four bedroom flat. Given these considerations and the absence of an objection from the Highways Service, it is considered that the proposal is acceptable in terms of its implications for parking.
4. The issues raised by DEFA are non-planning related and therefore immaterial.

Recommendation

1. It is recommended that approval is granted.

Party Status

1. The following parties should be afforded interested person status:

The local authority, Douglas Borough Council is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.

The Highway Service is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d.

1. The following parties should NOT be afford interested person status:

DEFA - does not raise material planning considerations.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 01.07.2014

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.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

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This approval relates to Site location plan and floor plans received on 23 May 2014.

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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 : Permitted Date : 14/7/14

Determining officer (delete as appropriate)

Signed : ... Chris Balmer Senior Planning Officer

Signed: ... Michael Gallagher Director of Planning and Building Control

Signed: ... Sarah Corlett Senior Planning Officer

Signed: ... Jennifer Chance Head of Development Management