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2 September 2014 14/00876/B Page 1 of 8 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00876/B Applicant : Mr David Wormald Proposal : Erection of an elderly person's care home with parking and landscaping to replace existing vacant bus garage Site Address : Former Bus Depot Salisbury Street Douglas Isle Of Man IM2 3HQ

Case Officer : Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level :

Planning Committee

Officer’s Report

THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE

THE SITE 1.1 The site is a parcel of land which lies at the top of Farrant Street and between Africa Court and Murrays Road within Douglas. The site is 96m wide (southwest to north east) and around 30m deep. To the rear of the site is the grounds of Homefield, the headquarters of the Department of Home Affairs (DHA), and a doctor's clinic.

1.2 The site accommodates a large building which fills almost all of the site. The latest use of this building was a bus garage for the servicing and maintenance of the Island's public transport fleet. This use has not been operational for a period of time.

1.3 A number of trees overhang the site from the DHA site behind.

1.4 The existing building is a large industrial structure with large span doors opening out onto Salisbury Street.

1.5 The southern side of Salisbury Street is formed by the side of a former church which has been the subject of recent applications for redevelopment and conversion to residential use (PAs 14/00328/B for conversion to four dwellings - approved and PA 14/00081/B for see Planning History) and the sides of 34, Farrant Street and 45, Murray's Road, both residential properties. A lane separates the rear of these last two properties.

THE PROPOSAL 2.1 Proposed is the demolition of the existing buildings on site and their replacement with a residential care home for 68 permanent occupants and associated staff. The current arrangement on site offers a number of vehicular access points off Salisbury Street; the proposed development will have a single point of access leading into the site with 26 parking spaces for staff and visitors. The residents are not likely to have their own vehicles. There is also provision for access by and turning off a refuse vehicle, within the site. The staff will be encouraged to come to work by public transport or to walk to work and it is anticipated that some of the staff will be employed "from the local area."

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2 September 2014 14/00876/B Page 2 of 8 2.2 The staff will work in shifts: 0800hrs - 1400hrs 13 nursing staff, 1400hrs - 2000hrs 10 nursing staff and 2000hrs - 0800hrs 7 nursing staff. With additional ancillary staff there will be at any time a maximum of 20 members of staff in the building at any one time.

2.3 The proposed building will be in the main 2-3m from Salisbury Street with the round corner feature alongside Salisbury Street and Murrays Road being as close as 1.5m. The existing retaining wall at the rear will be unchanged and the building will be further from the rear boundary than the existing, giving the existing overhanging trees more space to grow.

2.4 The building will have three full storeys of accommodation and will be between 3 and 5.5m taller than the existing but 28m shorter. The differences in existing levels around the site results in the building being two storeys as viewed from Murrays Road. The building will have a relatively simple form with projecting pitched roofed gables breaking up the 60m length of roof and areas of facing brickwork to visually "break up" the length of the structure.

2.5 The front boundary of the site will be formed by a low rendered wall with railings in between rendered pillars at 2.5m intervals.

PLANNING POLICY AND STATUS 3.1 The site is within an area of Predominantly Residential use on the Douglas Local Plan of 1998. As such the existing use as a bus depot is "non-conforming" and its redevelopment for residential purposes is not only acceptable in principle but potentially welcome as the coming and going from buses and potential noise and smell nuisance could be an issue for the surrounding residential properties.

3.2 As such the appropriate policies to be applied to this development, which is within a sustainable location for access and servicing purposes are as follows:

Strategic Aim: "to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage".

Strategic Policy 1 which states: "Development should make the best use of resources by: 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 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 of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3".

Strategic Policy 3: "Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to the use of local materials and character."

Strategic Policy 5: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the

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2 September 2014 14/00876/B Page 3 of 8 Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."

Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."

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."

Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan".

Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users".

Environment Policy 42: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

Environment Policy 43: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."

Housing Policy 6: "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

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2 September 2014 14/00876/B Page 4 of 8 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."

Appendix Seven sets out parking standards for new development. In respect of residential care homes this equates to one space per three residential units.

PLANNING HISTORY 4.1 Planning approval was refused for the change of use of part of the bus garage to motor spares and accessories wholesaling under PA 00/01285/C. Permission was refused for the change of use from a garage to a warehouse under PA 10/00758/C. This was refused for reasons relating to inadequate provision for traffic movements and the consequent adverse impact on the amenities of those living in the immediate area. The existing use of the building was acknowledged by the inspector as sui generis and non-conforming with no confirmation that the use was lawful in any way under the terms of the Town and Country Planning Act 1999.

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

5.2 DEFA Environmental Health advise of legislation with which the proposal needs to comply. This is not a material planning issue.

5.3 The resident of 68, Murray's Road which lies diagonally opposite the site on the other side of Murray's Road. They have raised concerns which relate to the following although they are in favour of the overall scheme. They are concerned that the proposed windows in the north eastern section of the development appear to be French windows with Juliet balconies which will overlook their property and if open, could allow noise to escape. They have looked at other residential homes and none seem to have this style of window. They are concerned that the use of a dark coloured brick will have a darkening effect on their property, particularly as the elevation is higher than the existing and wondered if a lighter coloured brick or painted render could be used on the second floor?

5.4 The applicant fully understands the concerns about the darkening effect of a dark brick finish on the corner and whilst they have construction issues with render on a curved plane, are more than happy to provide the top section in a very light brick. It is possible to obtain white coloured bricks.

5.5 In respect of the doors/windows on the same elevation, the applicant explained that these will provide more light to the rooms inside. They understand the concern about potential noise but in their experience the televisions and radios are not played loudly as not all residents listen. In any case, they would suggest that if the doors are open, the potential noise emission would not be any more than if a window were open. They suggested that the televisions are usually on the opposite wall to the windows. Also in their experience, the residents are likely to look through the window from their seats, being older people and less able to stand and look out as perhaps a younger person may.

5.6 The objector has responded, indicating that the use of light coloured bricks on the upper part of the corner element is welcome and understands the points raised by the applicant in respect of the windows.

ASSESSMENT 6.1 The principle of the loss of the existing building is welcome as it has no architectural merit and does not lend itself to a use which would be compatible with the surrounding residential area.

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2 September 2014 14/00876/B Page 5 of 8 6.2 The principle of residential development is also acceptable, given the nature of the predominant use in the immediate area. It is also relevant that there are other residential care homes in the vicinity - Brinnington, 18, York Road; Tudor Lodge, 18, Stanley Terrace; Sunnydale, Stanley View; Shenn Valley, 30, Hutchinson Square; Ellan Vannin Home, Kingswood Grove and Reayrt ny Baie, Albert Terrace all within 500m of the application site, some considerably closer. Some of these are purpose built care homes and others conversion of former guest houses. Some have on-site parking, many not.

6.3 The site is well located in terms of public transport, shops and services.

6.4 The key issues in this case therefore are whether the building sits comfortably into the streetscene, whether the building by virtue of its size would create any adverse impact on the amenities of those in neighbouring property, whether the comings and goings from the site would be unneighbourly and whether the provisions for access and parking are acceptable in highway safety terms.

6.5 The building has been visually broken into smaller sections to disguise the relatively large mass and such that it is considered to fit comfortably into the streetscene. It is significantly better in architectural terms than what exists and also takes up less of the site, providing visual breaks in the frontage to Salisbury Street. The scheme provides a circular element which "turns the corner" onto Murray's Road. The use of light coloured render or light coloured bricks on the upper part of the corner unit would not be unacceptable in visual terms and could lessen any dominating appearance for those in adjacent property.

6.6 The additional height will increase the impact of the building as seen from Farrant Street and as experienced from Homefield which are offices. There will be more open space closer to Africa House and Africa Court than existing. The building, whilst taller will face onto north west facing side elevations of 34, Farrant Street and 45, Murray's Road which already have their light restricted by the existing building and orientation. As such, it is not considered that the proposed scheme will adversely affect these properties and the removal of an unsightly industrial building and its associated usage would be considerable improvement.

6.7 The comings and goings to and from the site are likely to be generated most by staff coming and going and there is likely to be more traffic in the evenings and at weekends than would be the case if the building were continued to be used as a bus depot. However, the scale of vehicles and the associated fumes and noise will be considerably less and the vehicles will be coming and going through one access rather than all along the frontage as is the case at present. There is not likely to be significant traffic generated by the residents themselves although some may have regular visitors. On the whole, it is considered that the traffic generated by the proposed development would have a significantly reduced impact than the current use. Whilst there will be far more windows and as such an increased opportunity for overlooking and intervisibility between the building and adjacent dwellings, the occupants are unlikely to stand by the windows for extended periods of time and the longer glazed areas will enable seated residents to have more light and aspect than they may have with higher level windows. As such, it is not considered that the full length glazed features would have an adverse impact on the amenities of those in neighbouring residential properties.

6.8 There are to be sufficient parking spaces as required by the Strategic Plan. Whilst this does not make provision for one space per three bedrooms in addition to the number of staff, this is not what the Plan requires and it is often the case that staff and visitors will come to the site other than by private motor vehicle. Whilst some overspill parking on Farrant Street may be inconvenient for those residents, it is not considered that this would occur to the extent that it will be a reason to refuse the application.

6.9 In summary, the proposed scheme is welcome in that it will remove an ugly building whose use is non-conforming and inappropriate to this residential area. The provision of

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2 September 2014 14/00876/B Page 6 of 8 residential care facilities is acceptable in this area and well sited in terms of public transport and amenities.

6.10 The application is recommended for approval.

6.11 A requirement for affordable housing is not considered relevant here as the proposed housing is residential care accommodation which on the Douglas Local Plan falls within the designation of Civic, Cultural or other uses (Sheltered Housing).

PARTY STATUS 7.1 The local authority, Douglas Borough Council is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6.4(e) deemed an interested person and as such should be afforded party status to this application.

7.2 Department of Infrastructure, Highway Services are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6.4(d) deemed an interested person and as such should be afforded party status to this application.

7.3 DEFA does not raise material planning issues and as such should not be afforded interested person status in this case.

7.4 The occupant of 68, Murray's Road is directly opposite the site and should be afforded interested person status.

SUPPLEMENTARY REPORT

At the Planning Committee meeting on the 1st September 2014 the Committee asked that a condition be added to the recommended conditions to ensure protection of trees on the site, along with a note to advise the applicant of the need to enter into a Section109 agreement with the Department.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

21.08.2014

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

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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2 September 2014 14/00876/B Page 7 of 8 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.

C 2. Each parking space must be a minimum of 2.4m wide and 4.8m long with 6m between spaces which face each other directly. The parking spaces may only be used thereafter by persons working at, living in or visiting the residential care home hereby approved.

REASON: to ensure that the car parking provision is adequate in the interests of highway safety.

C 3. Prior to the commencement of works on site, details of the facing brick and colour of render must be approved by the Department. The second floor of the curved corner element facing onto Murray's Road must be finished in a light coloured brick to match the colour of the painted render.

REASON; to ensure that the development fits comfortably into the streetscene.

C 4. Prior to the commencement of works on site, including demolition, all trees on or overhanging the site must be protected from damage by the erection of stout fencing under the dripline of the canopies and thereafter no excavation or building works may be undertaken within the protected area unless otherwise approved by the Department.

Reason: to ensure that all trees shown on the proposed plans are retained, some of which provide screening of the building.

N 1. The applicant will be required to enter into an agreement with the Department under Section 109 of the Highway legislation. The applicant is recommended to liaise with the Highway Services section of the Department in this respect.

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This approval relates to drawings AP 14035-LP1, AP 14035-10H, AP 14035-11G, AP 14035-12G, AP 14035-14D, AP 14035-15E, AP 14035-16A and D699-LS-01 all received on 22nd July, 2014.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Approved Committee Meeting Date : 1st September 2014

Signed : Miss S E Corlett Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES see above

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