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Isle of Man
Government
Sailly, Lilian, Fannie
E & F Design No 1 Church Close Lonan Isle of Man IM4 7JY
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr Geoff Lockwood, Ref 13/00718/B, for the conversion of existing hotel into eight apartments (excluding the basement) at Nelson Hotel 11 Mona Drive Douglas Isle of Man IM2 4LG subject to compliance with the following condition(s):
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
The development hereby permitted shall not be carried out except in full accordance with the following plans: DWGs No. PD -0 01, PD - 002, PD -003, PD -004, PD - 005, PD - 006, PD - 007, PD - 008, PD - 009, PD - 010, PD - 011, PD - 012 and PD - 014 received on 20th June 2013.
There should be no gas or electricity meters, post boxes or intercoms installed on any external elevations of the building.
Date of Issue: 2nd October 2013
Director of Planning and Building Control
This decision was made by the Planning Committee in accordance with the authority delegated to it.
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 http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/
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;
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] 13 / 00718 / B
| Application No. : | 13 / 00718 / B | | :-- | :-- | | Applicant : | Mr Geoff Lockwood | | Proposal : | Conversion of existing hotel into eight apartments (excluding | | | the basement) | | Site Address : | Nelson Hotel | | | 11 Mona Drive | | | Douglas | | | Isle Of Man | | | IM2 4LG |
Case Officer : Miss Melissa McKnight Photo Taken : Site Visit : Expected Decision Level : Planning Committee
THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS THE RECOMMENDATION IS CONTRARY TO THAT OF THE HIGHWAY DIVISION, A SECTION 13 AGREEMENT HAS BEEN REQUESTED AND THE HISTORY OF THE APPLICATION SITE.
1.1 The application site is the curtilage of the Nelson Hotel, a five storey end terrace corner building including a basement sited on the south western side of Mona Drive and south eastern side of Empress Drive in Douglas. The application site is within the Douglas Promenades Conservation Area.
2.1 The planning application seeks approval for the conversion of the former hotel into eight residential apartments. The conversion would comprise 8 one bedroomed apartments with two units on each floor from ground floor to third floor. 2.2 Also proposed is the installation of a metal handrail balustrade painted black to the third floor corner bay window forming a balcony to the third floor.
3.1 The application site has been the subject of four previous planning applications that are considered relevant to the assessment of this current planning application given the nature and level of development proposed:
PA 12/00095/B: Alterations, erection of an extension and installation of replacement windows. This previous planning application was permitted.
PA 10/01698/B: Conversion of existing hotel into eight apartments. This previous planning application was refused on the grounds on poor residential environment by virtue of its outlook, access to natural light; overlooking, loss of privacy increased noise levels and the proposed motorbike/bicycle parking area would be contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 in that parking of the vehicle on
the roadside frontage would be visually intrusive and would not preserve or enhance the character and appearance of the Conservation Area.
PA 09/00838/C: Change of use from hotel to offices. This previous planning application was permitted.
PA 87/01383/C: Change of use from hotel to office accommodation. This application was refused on the grounds that the proposed development would be contrary to the policies of the Town Centre Map and the Development Plan, and would be detrimental to the viability of the Town Centre as such; there is no evidence of the availability of the necessary car parking provision; no floor plans showing the internal arrangements of the building have been submitted.
4.1 In terms of local plan policy, the application site is in an area mixed use under the Douglas Local Plan Order 1998 Map No. 2 (South). The application site is within The Douglas Promenades Conservation Area. 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains five 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 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; (1) 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."
Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25 % of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."
Housing Policy 17 states: "The conversion of buildings into flats will generally be permitted in residential areas provided that: (a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking; (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area.
Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Departments current standards."
Appendix 7 sets out the parking standards for different types of development. For apartments: "1 space for 1 bedroom; 2 spaces for 2 or more bedrooms."
5.1 The Department of Infrastructure Highways Division have made a representation regarding the current planning application stating the following: "This application will result in additional parking demand on the public highway as no car parking can be provided. The applicant has included a car parking survey of the surrounding road network indicating that there is sufficient capacity to cope with this additional demand. It should be noted that planning permission for the conversion of the Kenilworth Hotel on Castle Mona Terrace to six residential apartments was recently approved with no car parking provided on the basis of a similar survey. The two surveys have identified some of the same spaces and care needs to be taken to ensure that these surveys are not relied on to justify the lack of car parking provision as there will be a cumulative effect that will not be evident.
There is also concern that car parking on the promenade in particular should be available for tourism use and not used solely for residential parking.
The division registers its concern and notes that about half the properties in this area now have planning permission for conversion." 5.2 A representation has been received from the Department of Social Care stating that in this scheme 8 apartments are proposed and therefore 25 % would be equated 2 properties being made available as affordable housing. The Department of Social Care would seek to agree a Section 13 Agreement with the applicant, should the application be approved, which would either involve a guarantee of 2 affordable houses or contribution by means of a commuted sum. 5.3 The Department of Environment, Food & Agriculture have made a representation to the planning application stating that on completion of the intended works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations PRIOR to any of the flats being occupied.
5.4 The Manx Electricity Authority have made a representation stating that the MEA Planning Department should be contacted to discuss the electricity supply for this application.
6.1 The key issues to consider in the assessment of this planning application are;
6.2.1 The building at present comprises twenty seven bedrooms which theoretically could result in at least twenty seven guests residing within the building at any time. The conversion of the building into eight apartments providing a total of eight bedrooms is not considered to harm the amenity of the immediate locality given the mix of tourist and permanent residential units within the area. 6.2.2 Tourist units can have a different impact on neighbouring amenity than permanent residential accommodation because people who are on holiday can sometimes be perceived as having less regard for people who live next door. Holiday makers also can stay out later in the evening and therefore there may be more late night activity. However, this is somewhat balanced by the likelihood that the units are more likely to be occupied throughout the whole year than if the property was only let to tourists. On the whole there is no reason to believe that there would be an undue impact on neighbouring amenity.
6.3.1 The proposal would result in the loss of tourist accommodation in a location that is designated as a mixture of tourist and residential use. Tourism on the Isle of Man is predominantly only for three months of the year during the summer months which can be considered by some not to be a viable business for a number of individual guest houses. The proposed use of permanent residential apartments would remove tourist accommodation from the existing market. This is reflected by the number of guest houses in this area which have been converted to permanent residential accommodation. However, it is difficult and possibly unreasonable to have need of a use to remain when there is little market for that use for the majority of the year. 6.3.2 Having the tourist units standing empty for most of two thirds of the year is not in the public interest and it is proposed that a solution to this issue would to allow the use of 11 Mona Drive as permanent residential accommodation.
6.4.1 The principal rooms in all apartments benefit from a pleasant outlook that would not be blocked or sheltered. Although the front elevation lounge windows would look out to a highway, adjacent properties and the parking area they would not be short of light. With regards to overlooking and privacy, there are a number of buildings that have principal rooms at ground floor level. This is not uncommon and the future residents and occupiers of these apartments will be aware of this factor prior to taking up occupancy. Whilst it is not an ideal
situation to have, it would be impossible to direct all habitable rooms away from adjacent public thoroughfares. 6.4.2 The building does not provide any private amenity space in the form of a yard or garden area; however this is not a facility that many apartments offer and therefore not considered to be a detrimental element of the proposal. With regards to bin refuse, all bins are stored to the rear of the building. 6.4.3 The proposed apartments offer safe access points via a communal entrance to the front that is well lit during the darker hours. There is also additional access to the rear of the building. 6.4.4 One of the reasons for refusal for PA 10/01698/B was apartments 4, 6 and the front apartment on the third floor will have a poor residential environment by virtue of their bedrooms being adjacent to living rooms of the neighbouring apartment which will result in general disturbance and increased noise to the affected apartments. Although this current scheme retains the layout of bedrooms adjacent to living rooms, it has been confirmed by Douglas Borough Council Building Control that the proposed treatment of the walls separating each of the apartments meets the requirements for the reduction of sound transmission horizontally. The treatment of the floors also meets the requirement for the reduction of sound transmission vertically.
6.5.1 There is to be one external alteration made to the existing building which is the proposed installation of a metal handrail balustrade which would be painted black to the third floor projecting bay window. This proposed addition is deemed minimal and is not considered to upset the character and appearance of the main building or Conservation Area.
6.6.1 Current standards require that flats or apartments there must be 1 space for 1 bedroom and 2 spaces for 2 or more bedrooms. Therefore, eight spaces should be supplied with the conversion of the application site building into apartments. From a site visit and drawings submitted it was evident that the building cannot provide any off-street parking for cars but can provide a parking area for motorbikes and motorcycles. 6.6.2 With the planning application a parking survey was submitted between Monday 13th May and Thursday 16th May 2013 of Mona Drive, Empress Drive and Douglas Promenade. It was identified that there was a minimum of 12 parking spaces within the immediate locality available on any of the days the parking survey was conducted. 6.6.3 As identified by the Highways Division, there has been a recently approved planning application for the conversion of the Kenilworth Hotel located on Douglas Promenade into six apartments under PA 13/00577/B which required eleven off street parking spaces. A parking survey was conducted with this application incorporating the same streets as surveyed under this application where it was identified that there would be a minimum of 12 parking spaces. However, one must not disregard the location of the application site building in terms of being located on a number of major bus routes and within walking distance to the town centre. It is therefore considered that in addition to an area for motorcycles and bicycles being provided that the need for parking could be negated in this case.
7.1 Overall, it is concluded that the planning application is in accordance with General Policy 2, Environment Policy 35 and Housing Policy 17 of the Isle of Man Strategic Plan 2007.
7.2 It is recommended that the planning application be permitted.
8.1 The local authority is, Douglas Borough Council, by virtue of the Town and Country Planning(Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status. 8.2 It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Department of Social Care 8.3 The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status. 8.4 It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Manx Electricity Authority The Department of Environment, Food & Agriculture
Recommended Decision: Approve subject to Legal Agreement
Date of 16.08.2013
Recommendation:
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 DWGs No. PD -001, PD -002, PD -003, PD -004, PD -005, PD -006, PD -007, PD 008, PD - 009, PD - 010, PD - 011, PD - 012 and PD - 014 received on 20th June 2013.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made: Approved ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
PA13/00718/B Mr Geoff Lockwood Conversion of existing hotel into eight apartments (excluding the basement), Nelson Hotel 11 Mona Drive Douglas Isle Of Man IM2 4LG Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 21.06.2013, includes;
Conservation Areas: Cons Areas: Douglas Promenades Cons Dev Control Polygons: Reference Number: 87/01383/C Status: Refused Proposal: Change of use from hotel to office accommodation, 11 Mona Drive, Douglas Reference Number: 12/00095/B Status: Permitted Proposal: Alterations, erection of an extension and installation of replacement windows Reference Number: 10/01698/B Status: Refused Proposal: Conversion of existing hotel into eight apartments Reference Number: 09/00838/C Status: Permitted Proposal: Change of use from hotel to offices
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