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28 August 2014 14/00805/C Page 1 of 4 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00805/C Applicant : Mr Brian Kerwin & Mrs Mairead Kerwin Proposal : Variation of condition 2 of PA 96/01394/B by Manx Churches Adoption & Welfare Society to enable the property to be used by any other office user Site Address : 3 Albany Lane Douglas Isle Of Man IM2 3RN

Case Officer : Miss S E Corlett Photo Taken : 24.07.2014 Site Visit : 24.07.2014 Expected Decision Level :

Officer Delegation

Officer’s Report

THE SITE 1.1 The site is an existing building situated between Albany Lane and Berkeley Street Lane between Berkeley Street and Albany Street. No plans have been submitted with the application but the property is a three floor property with pedestrian access from both Albany Lane and the rear, Berkeley Street Lane; a reception area and two offices and stairs on the ground floor with parking behind; two offices, shower rooms and toilets on the first floor and attic storage above within the roofspace. The applicant has confirmed that there is a total of 118 sq m of office floorspace within the building.

1.2 At the time of the site visit (Thursday 24th July, 2014 at 1230hrs) Albany Street had approximately 6 on street car parking spaces vacant and there were car repairs being undertaken in the property next door but one (which is the subject of PA 13/91190).

1.3 Parking is restricted between Monday and Friday between 0800hrs and 1800hrs to two hours with no return within 2 hours.

PLANNING STATUS AND POLICY 2.1 The site lies within an area of Predominantly Residential use on the Douglas Local Plan of 1998. The proposed use is in conflict with that designation but no more than is the approved use. The site also lies within the Selbourne Drive Conservation Area. There is no specific reference to this area of industrial and commercial units in the Conservation Area appraisal.

2.2 The critical consideration is the parking requirement which in the case of offices is one space per every 50 sq m nett of floor space. Whilst no specific floor areas have been provided, it is likely that this is no more than two spaces. This standard may be relaxed "where development: a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or b) would result in the preservation of a sensitive streetscape, or c) is otherwise of benefit to the character of a Conservation Area 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" (A.7.6).

THE PROPOSAL 3.1 Now proposed is the removal of that occupancy condition such that the premises may be used as general offices.

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28 August 2014 14/00805/C Page 2 of 4

PLANNING HISTORY 4.1 Planning approval was granted for the conversion of the former empty office adjoining a workshop under PA 96/01394. This was opposed by the Highway Authority who was concerned that the proposed use would result in increased demand for car parking in the area. The applicant, Manx Churches Adoption and Welfare Society explained that the area was shortly to be designated as a disc zone (it now is) and apart from a few visitors to the office there is only one full time employee and she spends a lot of her time out of the office visiting clients.

4.2 The planning approval was granted subject to a condition that "this approval relates to the use of the premises, as indicated on the submitted drawings, by the Manx Churches Adoption and Welfare Society; no approval is hereby granted to any other user or to the undertaking of any building operations or to the erection of any external signage."

4.3 Prior to the approval of the use of the premises for the Manx Churches Adoption and Welfare Society, planning approval had been refused for the conversion of the workshop and store to a dwelling (PA 89/00863) and permitted on review was a proposal for the change of use of the premises to building trades stores and workshop (PA 87/00061): this relates to the application property and that next door to the west. In 2006 planning approval was refused for the replacement of the existing wooden door fronting onto Albany Street with a metal roller shutter door for the property next door.

4.4 Further along Berkeley Street Lane and Albany Street to the east, planning approval has been granted recently to the conversion of a workshop and associated office to a dwelling (13/90961/B).

4.5 Planning approval is currently being sought for the redevelopment of the premises alongside to the west, for industrial purposes (PA 13/91190).

REPRESENTATIONS 5.1 Department of Infrastructure Highway Services and Douglas Borough Council indicate that they do not oppose the application.

ASSESSMENT 6.1 The issue in this case is the adequacy of the area surrounding the application site to accommodate the need for car parking in association with the proposed use which would generally be expected to have available to it 2-3 car parking spaces. The previous use was specifically conditioned such that the user could only be Manx Churches Adoption and Welfare Society who had indicated that they had minimal staff presence throughout the day. There is no such reassurance in respect of the current proposal.

6.2 The applicant has indicated that spaces may be available in an adjacent car park (the Masonic Hall on Woodbourne Road). This cannot be required by condition as that land is not within the ownership or control of the applicant.

6.3 The unit is modest and if used for a dwelling, there would also be a requirement for parking and this requirement could be seen to clash with when what parking spaces are available, notably in Albany Street, are required for local householders. It is relevant that the parking policy allows for the relaxation of parking standards in town centre locations where it can be demonstrated that the absence of on site parking will not adversely affect on street parking in the area. In this case there are spaces available on Albany Street during the day but as these spaces are restricted to periods of two hours, it is not likely that these could accommodate those working in the office all day. They may serve those visiting the site as clients or customers.

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28 August 2014 14/00805/C Page 3 of 4 6.4 The use of former outbuildings like this, which have no on-site parking and which have limited access and outlook can be difficult as the buildings often do not lend themselves to other uses. In this case, the building is relatively modest and would not lend itself to any other obvious alternative use which would not itself then bring potential issues (car parking for example). In this case it is considered that the use of the premises for general offices is acceptable.

PARTY STATUS 7.1 The local authority, Douglas Corporation is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.

7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

22.08.2014

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

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This approval relates to plans and information received on 25th July, 2014

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 : 26th August 2014

Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed :... Sarah Corlett

Senior Planning Officer

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28 August 2014 14/00805/C Page 4 of 4 Signed :... Michael Gallagher

Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance

Head of Development Management