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Application No.: 10/00178/B Applicant: Heritage Homes Ltd Proposal: Conversion of former hotel into seven apartments, including installation of replacement windows and creation of cycle and bin stores Site Address: - The Rowany - 10 Empress Drive - Douglas - Isle Of Man - IM2 4LQ --- ### Considerations Case Officer: Mr Ian Brooks Photo Taken: - Site Visit: - Expected Decision Level: Planning Committee --- ### Written Representations --- ### Consultations Consultee: Highways Division Notes: The Department of Transport Highways Division does not object to this application following the Inspectors comments in the report for PA08/01550/B. --- Consultee: Douglas Corporation Notes: - Consultee: EPU And Public Health - DEFA Notes: no objection --- Consultee: Manx Electricity Authority Notes:** see note 2 ---
This application is recommended for consideration by the Planning Committee rather than under delegated powers as a previous application on this site was considered by the Planning Committee and in order to ensure consistency in decision making on this site.
The application site comprises the former Rowany Hotel, which is located on a corner plot on Empress Drive. The site is zoned as mixed uses (Tourism/Residential/Office) within the Douglas Local Plan 1998 and it is also located within the Douglas Promenades Conservation Area.
The application is seeking planning permission to convert the building into 7 apartments. The following additional works are part of the conversion: 1) the installation of replacement windows, 2) the erection of a bin store and 3) a covered bike store.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policy 4, General Policy 2, Environment Policies 32, 33, 35 and 39, Housing Policies 5 and 17.
2 June 2010
Environment Policy 35 states that "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 he special features contributing to the character and quality are protected against inappropriate development."
Environment Policy 39 states that "The general presumption will be in favour of retaining buildings which make a positive contribution to the character and appearance of the Conservation Area."
Housing Policy 17 of the Isle of Man Strategic Plan states that "The conversion of buildings into flats will generally be permitted in residential areas provided that:
Section 18 (4) of the Town and Country Planning Act 1999 states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."
The following previous applications are considered relevant in the consideration of this application: 08/00150/B - Conversion of former hotel into nine apartments - granted on appeal - 19th April 2010 00/00993/B - Conversion of hotel into 10 apartments - granted on appeal 6th June 2001 98/01125/B - Installation of white uPVC windows and doors to replace existing - granted 28th October 1998
87/01372/C - Change of use from guest house to offices - refused
Douglas Corporation does not object to the application. Highways Division of the Department of Infrastructure does not object to the application. Environmental/Public Health Unit of the Department of the Environment, Food and Agriculture have commented that the proposed works must comply with the Housing (Flats) Regulations 1982.
Standard comments have been received from the Manx Electricity Authority.
The principal issues in assessing this application are a) Land use, b) Residential amenity, c) Impact on the Conservation Area, d) Impact on the neighbouring property Glencoe, and e) Parking provision, The following paragraphs deal with these issues in the above order, followed by consideration of other matters of detail.
The Local Plan zoning of the site is for mixed uses (Tourism/Residential/Office). The development is compatible with the area since the area is zoned for residential purposes in the Douglas Local Plan. It is considered the principle of developing the site for residential use to be acceptable in this locality.
The apartments on the ground, first, second and third floors would have an adequate residential environment with a pleasant outlook from the apartments. In respect of the lower ground floor apartment, the lounge windows are set between approximately 1.2 m and 2.5 m away from a retaining wall; while the bedroom window is 1 m away from a retaining wall. All of the windows to the apartment are set below street level and would provide little light into the rooms. It is considered that the lower ground floor unit would not provide a satisfactory residential environment for future occupiers of the apartment; however, it should be noted that in 2001 planning permission was granted for the conversion of the hotel into 10 apartments, which included the conversion of the lower ground floor into two apartments. At the time, Planning Circular 2/88 required flats to have a "pleasant clear outlook, particularly from the principal rooms of the flat", which the approved flats on the lower ground floor did not necessarily provide. The current layout for the proposed lower ground floor apartment is not too dissimilar to one of the approved flats. Housing Policy 17 of the Isle of Man Strategic Plan now offers the relevant guidance and its wording in respect of outlook is almost identical to that of Planning Circular 2/88 in that "the flat created will have a pleasant clear outlook, particularly from the principal rooms...". As such there has been no material change in policy and therefore it would be unreasonable to refuse the application on the grounds that the apartment would not provide a satisfactory residential environment.
Furthermore, the Independent Inspector for the previous application (08/01550/B) stated "As is pointed out for the appellants, the requirement for flat conversion to have "a pleasant clear outlook, particularly from the principal rooms" stated in Housing Policy 17 of the Strategic Plan is virtually the same as previous policy which applied when other conversion schemes with lower ground floor flats were approved in the Drives area. Therefore it would appear inconsistent to refuse approval for this proposal on grounds relating to the restricted outlook from the front lower ground floor flat.
In respect of the impact on Glencoe, the neighbouring property is set to the south east of the application site and is currently used as an hotel. The only aspect of this proposal which would impact on Glencoe is the proposed covered bike store, which would project 3 m to the rear of No. 10 Empress Drive. The bike store is a single storey structure. The proposal would not significantly impact on the outlook from the neighbouring property.
The application is also proposing to erect a bike store between the rear outrigger of the application site and Glencoe. The bike store would not be visible from Empress Drive and it is considered that the bike store would have a neutral affect on the character and appearance of the Conservation Area.
The proposed bin store would be built off the existing walls which are white painted render. The bin store would be rendered and painted; however, it has not been indicated whether it is to match the existing walls. If the walls of the bin store were to be painted white to match the existing walls the impact of the bin store on the visual amenities of Empress Drive would be minimal. It is considered this matter can be controlled by condition. The application is proposing to use reconstituted slate for the roof of the bin store. Ideally, the roof of the bin store should have natural slate so to match in the existing slates of the building. In the previous application, the applicants believed it is not uncommon for reconstituted slate to be acceptable in a Conservation Area. They do not feel that natural slate is necessary in this location and the proposal remains for reconstituted slate. The Independent Inspector did not raise any particular concern about the use of material
The application is also proposing to replace the existing windows, which are timber sliding sash windows, with uPVC windows; however, the plans do not indicate whether the windows are to be sliding sash or casement windows. The replacement windows should be sliding sash windows in order for them to comply with Planning Circular 1/98. It is recommended that a condition be attached requiring the replacement windows to replicate the method of opening as the existing windows.
The building is currently vacant and this proposal would bring a redundant building back into use, which would help to prevent any further decay of the building. The building currently impacts adversely on the character and appearance of the Conservation Area and therefore this proposal would help to enhance the character and appearance of the Conservation Area.
The car parking standards set out in Appendix 7 of the Isle of Man Strategic Plan 2007 require 1 space for 1 bedroom apartments and 2 spaces for larger units. This application is proposing three one-bed apartments and four two-bed apartments which would equate to a requirement for 11 car spaces; however, the development would not provide any parking on site.
The Isle of Man Strategic Plan states within paragraph A.7.1 "Where new dwellings are created by the conversion of existing buildings, parking space should be formed by the clearance of outbuildings and low-grade annexes or 'outlets' if it is reasonable and practicable so to do; however, in general, the need to find a use for redundant buildings which are sound in condition will outweigh the drawback of any shortfall in parking provision.
The rear of the property could be accessed by vehicles but this would require the clearance of part of the rear outrigger; however, the rear outrigger provides a principal elevation onto Empress Drive, which contributes to the character and appearance of the Conservation Area. If the outrigger were to be partially demolished it would impact on the character and appearance of the Conservation Area. It is considered the demolition of the outrigger would be unacceptable and would impact the visual amenities of the street scene. The site is within walking distance of the town centre and a bus route. The conversion of the building is particularly important in this case due to its location within a Conservation Area. It is considered the need to bring the building back into use outweighs the lack of parking for this scheme.
In respect of the concerns about parking within the locality, it should be noted that the previous planning permission (00/993) for 10 units was appealed by the Department of Transport, who were concerned about lack of parking for the scheme and its impact on parking situation within the area. However, following consideration of the Inspector's report, the Minister indicated that:
"(a) whilst consultation between the relevant Authorities may prove to be of some help, it is unlikely to solve the basic problem of finding parking spaces for users of these buildings; and (b) it would be unreasonable, and, indeed, unfair to refuse this application just a few months after approving a very similar proposal in respect of a nearby property.
Furthermore, it was indicated 'In these circumstances, and having regard to the need to find a use for buildings of this sort and also to the current demand for accommodation for small households, the Minister does not accept the recommendation that the appeal should be allowed. Accordingly, he has directed that the Planning Committee's decision to grant approval should be confirmed.'
The Independent Inspector for the previous application (08/01550/B) also made the following comments:
"Because of the lack of off-street car parking provision, the proposal would not meet the normal standards set out in Appendix 7 of the Strategic Plan (one space for one bedroom flat; two spaces for flats having two or more bedrooms). However, the Plan states that the normal standards may be relaxed in certain circumstances, including those where development would secure the re-use of a building of architectural or historic interest or would benefit the character of a conservation area."
"Although the appeal site is near a bus route, the proposal would be likely to increase pressure on already limited on-street parking space. The DoT and the planning committee are right to be concerned about that effect, and about the cumulative effect of similar developments. On the other hand, the DoT's contention about precedent appears to be an attempt at shutting the stable door after conversions horse has bolted, since it could be said precedents have already been set as listed."
in paragraph 5.4.4 of the appellants' statement. Moreover it can be reasonably be argued that an economic use has to be found for this substantial property, and almost any use of the property (for example, as a hotel) would be bound to generate a demand for parking space."
"In this instance, I do not think it would be practicable to demolish part of the rear of the appeal building to enable parking space to be provided. The rear of the building is in effect the side elevation adjacent to the street, and demolishing part of it would open up the view of the rather unsightly rear of buildings around the service road, resulting in an adverse impact on the street scene."
It should be noted that the Highways Division have not objected to the application following the Inspects comments in the report for PA 08/01550/B.
Empress Drive is heavily parked and this proposal could further exacerbate that situation. The parking situation needs to be addressed in a wider context through a traffic management scheme by the appropriate Authorities, which cannot be done through this application and therefore it would be unreasonable to refuse the application due to the on lack of parking and its impact on the surrounding area.
RECOMMENDATION It is recommended that planning permission be granted subject to conditions in the attached schedule. PARTY STATUS
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Comments from the Environmental Health Officer and the Manx Electricity Authority are not planning matters and as such should not be afforded separate party status in this instance.
In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Douglas Corporation
Accordingly the following parties are not afforded interested party status:
Manx Electricity Authority Environmental/Public Health Unit of the Department of Environment, Food and Agriculture Highways Division of the Department of Infrastructure Recommendation Recommended Decision: Permitted Date of Recommendation: 18.05.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal
2 June 2010
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the conversion of a former hotel into seven apartments, including installation of replacement windows and creation of cycle and bin stores as shown in drawing numbers 150 and 151 date stamped 11th February 2010, 152 Rev A and 153 Rev A date stamped 6th April 2010.
The replacement windows to be installed must be sliding sash.
The rendered walls of the bin store, blocked up window opening and doorways must have a white finish.
No residential unit hereby permitted shall be occupied until the cycle and bin storage facilities have been provided in accordance with the approved plans, and those facilities shall thereafter be kept available at all times for their designated purpose.
Prior to the commencement of works, a sample of the roofing material must have been submitted and approved in writing by the Planning Authority and thereafter the works shall be carried out in accordance with the approved sample.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005.
Decision Made : __________________________ Authority Meeting Date : __________________________ Signed : __________________________ Presenting Officer
Further to the decision of the Authority an additional report/condition reason is required.
Signing Officer to delete as appropriate
YES/NO
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