DEC Decision Notice

Isle of Man

Government Kailige Lilaa Vannin

Kay Associates Southgate House 89 Circular Road Douglas IM1 1AX

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Heimdal Limited, Ref 13/00704/B, for the integration of Nos. 36 Athol Street with 38 - 42 Athol Street and erection of extension to rear of the properties to provide additional office accommodation at 36 - 42 Athol Street Douglas Isle Of Man IM1 1JB subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers K269 P10-01 (site location plan); K269 P12-01 (existing elevations); K269 P10-02 (existing site plan); K269 P12-02 (proposed elevations); K269 P10-03 (proposed site plan); K269 P10-04 (existing floor plans); and K269 P10-05 (proposed floor plans) received on 18 June 2013.
3. The re-rendering of the front of No. 36 Athol Street shall match the finish of Nos. 38 to 42 Athol Street in terms of materials, colour and texture, unless otherwise first agreed in writing by the Planning Authority.

Date of Issue: 8th August 2013

M ballghe

Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.

This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

Planning Officer Report And Recommendations

Application No. :	13/00704/B
Applicant :	Heimdal Limited
Proposal :	Integration of Nos. 36 Athol Street with 38 - 42 Athol Street and erection of extension to rear of the properties to provide additional office accommodation
Site Address :	36 - 42 Athol Street Douglas Isle Of Man IM1 1JB
Case Officer :	Mr Edward Baker
Photo Taken :
Site Visit :	03.07.2013
Expected Decision Level :	Officer Delegation

Officer's Report

The Application Site

1. The application site is Nos. 36 to 42 Athol Street, Douglas. It is situated in central Douglas within the commercial quarter of the town. Like much of Athol Street, part of the site is currently occupied as offices. The site consists of two separate properties: Nos. 38 to 42, which are occupied as a single unit by the applicant, a financial company. No. 36 is a separate property but is to be amalgamated as part of the proposals.

1. Both properties form part of a traditional terrace of Georgian style town houses with a frontage onto the north side of Athol Street. The terrace sits on the back edge of the footway. The building is principally three storeys but includes additional accommodation in the basement and attic.

1. There is a narrow lane, St. George's Walk, which provides vehicular access to the rear of the terrace. The lane backs onto the grounds of St. George's Church which is situated on higher ground to the north. There is a line of mature trees on the boundary of the church, which partially screens the back of properties on Athol Street from the church yard. Athol Street itself has limited and restricted parking. The site has some off-street parking to the rear, accessed via St. George's Walk.

1. The application mostly affects the rear of the property. Unlike the frontage of the terrace which is very formal, the rear is much less formal and generally quite modest in appearance. There are a variety of designs, extensions and additions to the rear of the terrace of varying shapes, sizes and forms. This gives the rear of the terrace a generally unattractive and muddled appearance.

1. The site is within the Athol Street/Victoria Street Conservation Area.

The Proposal

1. The application seeks planning approval for the erection of a three storey extension to the rear of the property together with the amalgamation of No. 36 next door to provide additional office accommodation for the applicant's business. The resulting property would be occupied as a single planning unit. The application also proposes to re-render and decorate the front facade of No. 36 to match Nos. 38 to 42.

1. The rear extension includes under-croft parking with the layout showing five parking spaces. The extension would be situated on the boundary of Nos. 34 and 44, which continue the terrace on Athol Street to either side.

Planning History

1. 10/00912/B - planning approval granted in 2011 for alterations and extensions to rear elevation to integrate no 36 Athol Street with Nos. 38-42 Athol Street. A subsequent appeal by a third party was withdrawn and so the original approval decision stood.
2. 93/01451/B - planning approval granted for refurbishment and alterations.

Planning Policy

1. The Douglas Local Plan 1998 identifies the area as being predominantly offices.
2. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'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; (I) 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.'

1. Business Policy of the Isle of Man Strategic Plan 2007 states:

'New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space. (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or

(b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance.'

1. 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.'

1. Environmental Policy 35 of the Isle of Man Strategic Plan 2007 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.'

1. Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area.

Representations

1. Douglas Borough Council - no objection.
2. Highways Division - no objection. Although the proposed parking spaces do not meet the required size in accordance with Manx Roads 1, the applicant has attempted to provide parking.

Assessment

Background

1. The site already benefits from planning approval for alterations and extensions to the rear of the property, granted in January 2011. The approval remains extant until January 2015. The scheme proposed by the current application is not dissimilar to the previous approval although there are several noticeable differences. These include (in the current application):

• Dedicated parking at ground floor
• Deeper first and second floor rear extensions
• Different ground floor configuration
• Different overall internal layout
• Overall increase in floor area

1. It should be noted that the survey measurements for the existing building are different in the previous and current applications and this creates difficulty in making a direct comparison of the dimensions of the respective schemes.

Whether this is a suitable location in principle for additional office accommodation

1. The site is situated within a predominantly office area according to the Douglas Local Plan 1998. It is in a central location with good access to local amenities, shops, services, public transport and transport routes. The proposal would support the operation and growth of the existing business and would benefit the economy. Moreover, the site already benefits from an extant planning approval for a similar scheme. Having regard to these factors, the site is considered wholly appropriate in principle for additional office space.

The effect of the proposal on the character and appearance of the Conservation Area

1. The starting point for assessing the proposal is the previous approved scheme which remains extant and a fallback if the current application is unsuccessful. The current proposal is similar in concept and scale to the previous approval. The comparative changes compared with the previous approval are not considered to be significant or raise any issues of concern. The current proposal is actually considered more coherent than the existing approval with simpler, better balanced fenestration, for instance. It is considered that the alterations would improve the rear of the building which in design terms is currently quite jumbled and dated. The extension is to the rear of the building and won't affect principal views and vistas in the Conservation Area. It would be partially screened from the churchyard by the existing line of trees and would not adversely affect the setting of the church. The re-rendering of the front of No. 36 to match Nos. 38 to 42 would be in keeping with the adjacent buildings. Overall it is considered that the character and appearance of the Conservation Area would be preserved.

The effect of the proposal on neighbour amenity

1. The proposed rear extension is right on the boundary of Nos. 34 and 44 to either side of the site. These are the neighbours who would be most affected by the proposals. In terms of impact on the No. 34, the extension would abut a blank wall and it is considered that the proposals would have a limited impact on the amenities of that property.
2. The greater impact will be on No. 44 to the other side. The proposed second floor extension will be above and behind the garage of No. 44. The extension is right on the boundary and will present a blank side elevation towards the rear of No. 44. This will affect light to and outlook from the adjacent second floor window of No. 44. No. 44 has not made any representations on the application and it is unclear what type of accommodation the window serves. This concern was raised with the agent who responded by stating that the relationship of the extension with this window is no different to that in the earlier approved scheme. A comparison of the plans shows that the dimensions of the second floor extension on the boundary of No. 44 would be almost identical in both schemes. Given the fallback of the extant approval, it would be unreasonable to raise this as an issue for the present application. This is also helped by the fact that the affected window is north facing and so loss of light is unlikely to be as significant as if the window had a more southerly orientation.
3. It is considered that the proposals would have no other adverse impacts on neighbour amenity.

Parking and access

1. Unlike the previously approved scheme, a specific parking area is shown with space for five vehicles. The length of these spaces measures 5 metres which is a little shorter than the standard requirement, however, the Highways Division is relaxed about the situation and recognises that the applicant has made some effort to provide parking. In this regard, the proposal is an improvement over the approved scheme. It must also be borne in mind that this is a very central and sustainable location with good access to public transport. This further reduces the pressure to provide on-site parking.
2. The Highways Division makes no comment on the suitability of the access off St. George's Walk and in the absence of an objection it is considered satisfactory. There is no reason to believe that the proposal would give rise to a significant increase in traffic over and above the existing situation, given the limited availability of parking at the site.

RECOMMENDATION

1. It is recommended that approval is granted.

PARTY STATUS

1. The Local Authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. The Highways Division is part of the Department of Infrastructure and not an Interested Party.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 31.07.2013 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 permitted shall commence before the expiration of four years from the date of this notice.

C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers K269 P10-01 (site location plan); K269 P12-01 (existing elevations); K269 P10-02 (existing site plan); K269 P12-02 (proposed elevations); K269 P10-03 (proposed site plan); K269 P10-04 (existing floor plans); and K269 P10-05 (proposed floor plans) received on 18 June 2013.

C 3. The re-rendering of the front of No. 36 Athol Street shall match the finish of Nos. 38 to 42 Athol Street in terms of materials, colour and texture, unless otherwise first agreed in writing by the Planning Authority.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 5.8.13

1 August 2013 13/00704/B Page 5 of 6

Determining officer (delete as appropriate)

Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control

Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager

PA13/00704/B Heimdal Limited Integration of Nos. 36 Athol Street with 38 - 42 Athol Street and erection of extension to rear of the properties to provide additional office accommodation, 36 - 42 Athol Street Douglas Isle Of Man IM1 1JB Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 19.06.2013, includes;

Conservation Areas: Cons Areas: Athol St Victoria St Con Dev Control Polygons: Reference Number: 93/01451/B Status: Permitted Proposal: Refurbishment and alterations, 38-42 Athol Street, Douglas.

Reference Number: 13/00704/B Status: Pending Consideration Proposal: Integration of Nos. 36 Athol Street with 38 - 42 Athol Street and erection of extension to rear of the properties to provide additional office accommodation Reference Number: 10/00912/B Status: Permitted Proposal: Alterations and extensions to rear elevation to integrate no 36 Athol Street with no's 38-42 Athol Street