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5 December 2014 14/01177/B Page 1 of 6 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/01177/B Applicant : Mr Robert Quirk Proposal : `Conversion of lower ground floor to provide ancillary and tourist living accommodation to dwelling Site Address : 2 High Street Port St. Mary Isle Of Man IM9 5DR

Case Officer : Miss Melissa McKnight Photo Taken : 04.11.2014 Site Visit : 04.11.2014 Expected Decision Level :

Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE

1.1 The application site is the curtilage of 2 High Street, Port St Mary which is a three storey property when viewed from the High Street; there is also a lower ground floor when viewed from the side and rear which is the subject of this current planning application.

1.2 The property is sited on the eastern side of the highway and to the south of the site is a public footpath that leads to Shore Road Underway and Chapel Bay. The application site also lies within the proposed Port St Mary Conservation Area.

2.0 THE PROPOSAL

2.1 The planning application seeks the approval for the conversion of the lower ground floor to provide both ancillary and tourist accommodation. Primarily, it is the intention to create a self-contained living unit for a family member; however should that fail to happen, the unit would be used for tourist accommodation.

2.2 The unit would comprise a bedroom, a bathroom, kitchen and living room and a utility room.

2.3 The proposal also comprises three external alterations which include; the replacement of the western window with French doors that would serve the lounge, the replacement of the existing door with a black GRP composite door and the replacement of the existing bathroom window with a 50/50 UPVC casement that would serve a bedroom.

3.0 PLANNING HISTORY

3.1 The application site has been the subject of two previous planning applications that are considered materially relevant to the assessment of this current planning application given the level and nature of development proposed:

PA 14/00537/B: Installation of replacement windows and doors and enlargement of existing windows and creation of French doors and Juliet balcony to rear elevation of dwelling. This previous planning application was approved.

PA 14/01122/B: Creation of a window to side elevation, alterations to existing windows and

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5 December 2014 14/01177/B Page 2 of 6 creation of a French door with Juliet balcony to rear elevation, and removal of rear lower mansard roof and replace with painted render. This previous planning application was refused on the grounds that the proposed alterations to the rear elevation would result in the loss of the minimal fenestration by replacing the three modest portrait windows with larger landscape style windows and French doors. The alterations would have resulted in the glazing appearing dominant in the rear elevation which alters the character and appearance of the property when viewed at the rear. It was considered that the proposed alterations would neither preserve nor enhance the character or appearance of the property or area in general, contrary to General Policy c) and g) and Environment Policy 35 of The Isle of Man Strategic Plan.

4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is within an area zoned as Mixed Use under the Area Plan for the South 2013. As previously mentioned, the application site is within the proposed Port St Mary Conservation Area.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:

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 space 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 adverse 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."

Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

Business Policy 13 states: "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise

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5 December 2014 14/01177/B Page 3 of 6 the amenities of neighbouring residents."

4.3 In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states: "If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows.

Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the original method of opening, whatever the material used in the construction."

5.0 REPRESENTATIONS

5.1 Port St Mary Commissioners have no objection to the current planning application (06/11/2014).

5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (24/10/2014).

5.3 The Department of Environment, Food & Agriculture have made a representation that does not contain any material planning considerations (16/10/2014).

6.0 ASSESSMENT

6.1 The key issues to consider in the assessment of this application are whether the unit can provide an adequate level of amenity, the impact of the change of use on the existing use of the building and the surrounding area, the impact of the external alterations upon the street scene and proposed Conservation Area and finally it is necessary to consider the impact of the proposal on parking and highway safety.

6.2 The new unit will be in the lower ground floor of the existing building. The unit would be accessed via its own separate access centrally placed between the bathroom and lounge within the side elevation which is set back approximately 4 metres from the public footpath and 5.5 metres from the northern boundary of 1 Athol Street. Normally, the Department would not accept the use of lower ground floors as permanent residential living accommodation. Generally basement units receive low levels or absolutely no natural light, have a poor outlook and would not meet the required standards for permanent residential use.

6.3 Evidence would suggest that the lower ground floor has been used as a living area before, it is not known for how long, to what level and to what the lower ground floor comprised. As previously mentioned there is 4 metres between the front elevation of the unit, side elevation of 2 High Street to the public footpath and 5.5 metres between the building and northern boundary of 1 Athol Street. Numerous site visits were conducted to the site and whilst there were some areas of shadowing the unit was not completely short of natural light and the light that is received is considered acceptable.

6.4 Given the siting of the unit, it is not arguable that the unit does not benefit from a pleasant outlook. However, Shore Road Underway and Chapel Bay is no more than 25 metres from the site and the unit is well within walking distance to the local amenities. With regards to the proposed use as tourist accommodation, there are no specific policies within the Isle of Man Strategic Plan 2007 regarding the amenity of tourists and tourist units. However, the use

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5 December 2014 14/01177/B Page 4 of 6 as the lower ground floor for tourist accommodation is used in a different manner to permanent residential units, i.e. tourists spend the majority of time out visiting attractions throughout the day and the period of stay would most commonly be on a short term basis only.

6.5 In terms of the use of the unit as a self-contained living unit, disregarding the occupation by a family member, which cannot be guaranteed, should the unit ever be sold off separately or permanently let, the future occupants would be aware of the outlook and levels of amenity and as such it would be their choice to reside in the accommodation.

6.6 It has already been acknowledged that the outlook is not astounding, but is considered unobjectionable and the unit would not be short of natural light by any means. The unit would also be served by its own access and as such would not be disturbing the residents of 2 High Street for access and vice versa. Although there is no private amenity space provided, this is not uncommon for such accommodation units as that proposed. Predominantly, similar accommodation types would not provide private outdoor amenity space. This site benefits from its location which has already been addressed.

6.7 For the reasons set out above, the use of the lower ground floor as a self-contained residential unit or a tourist accommodation is deemed acceptable.

6.8 With regards to the use of the unit on the existing building, the application building is an established residential building and as such the use as a self-contained living unit for a family member would complement the building well. The use of the lower ground floor as a tourist unit is not judged to compromise the amenities of the main dwellinghouse or neighbouring dwelling and as such is deemed acceptable in this location.

6.9 The area is zoned as Mixed Use and therefore the proposal would comply with the land use designation and would not undermine the use of the existing buildings in the locality.

6.10 In terms of the impact of the proposal on parking, there is disc zone parking along the High Street and Athol Street, south of the application site, which is restricted to two hours. Again, the intended use of the lower ground floor is not considered to have a significant impact upon the demand for parking within the locality. It is also important to note that Highway Services do not oppose the current planning application.

6.11 The planning application proposes the installation of windows and doors, it is therefore to now necessary to assess the impacts of this element of the proposal on the character and appearance of the proposed Conservation Area and street scene in general.

6.12 The existing windows in the side elevation of 2 High Street are timber framed sliding sash in the third and second floor and timber framed top opening and PVC framed top opening on the ground floor. Planning permission was granted in 2014 for the replacement of the existing side elevation windows with 50/50 split casements. The Case Officer for PA 14/00537/B acknowledged that the side elevation was not considered to be an important view within the proposed Conservation Area and that the installation of casements would be acceptable as they have a 50/50 split which would be similar to the glazing sections of sliding sashes. As such, the installation of 50/50 split casements has previously been accepted and in addition the replacement window proposed under this scheme would provide a uniformity to the side elevation of the building should the windows approved under PA 14/00537/B be installed. An indicative drawing has been submitted by the applicants' agent, Drawing No 1674 - 23 date stamped 11th December 2014, showing a complete visualisation of what the side elevation would look like with both the window and door alterations proposed under this current planning application together with the approved replacement windows under PA 14/00537/B. It would be favourable to have both schemes implemented together to avoid a mismatch appearance of the building within the street scene and proposed Conservation Area.

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5 December 2014 14/01177/B Page 5 of 6 6.13 The French doors and new entrance door are considered unobjectionable and are not considered to detract from the character and quality of the area.

6.14 The Conservation Officer, who has viewed the plans, is content with the proposal.

7.0 RECOMMENDATION

7.1 Overall, it is concluded that the planning application accords with the provisions set out in General Policy 2, Environment Policy 35 and Business Policy 13 of the Isle of Man Strategic Plan 2007 and as such it is recommended that the planning application be permitted.

8.0 PARTY STATUS

8.1 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 application: 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.

8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

The Department of Environment, Food & Agriculture.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

05.12.2014

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.

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5 December 2014 14/01177/B Page 6 of 6 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 Drawing No 1674 - 21 date stamped as received on 13th October 2014 and Drawing No 1674 - 22 Rev A date stamped as received 3rd December 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 : ...19/12/14...

Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed :... Sarah Corlett

Senior Planning Officer

Signed :...M Gallagher Michael Gallagher

Director of Planning and Building Control

Signed :... Jennifer Chance

Head of Development Management