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15/01193/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01193/B Applicant : Middlemede Properties Limited Proposal : Conversion of existing shop with first floor living accommodation into two apartments with on site parking Site Address : 19 Allan Street & 21-23 Peveril Street Douglas Isle of Man IM1 3DQ
Case Officer : Miss Melissa McKnight Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site is the curtilage of 19 Allan Street and 21-23 Peveril Street, two attached two storey end terraced buildings located on the south eastern side of Allan Street and north western side of Peveril Street, Douglas. To the rear of the site is Clarke Street Lane.
1.2 The building previously comprised a retail unit to the ground floor level with living accommodation in the first floor. The ground floor is currently vacant.
2.0 THE PROPOSAL
2.1 The current planning application seeks approval for the conversion of the existing shop into a 1 bedroom apartment. The first floor accommodation would remain the same. There are no external alterations proposed.
2.2 To the rear of the site is a bin store and parking area providing parking for two vehicles.
3.0 PLANNING HISTORY
3.1 Planning approval was previously granted in 2011 under PA 11/01222/B for the re arrangement of existing dwelling, shop and owners accommodation to create shop and dwelling above with creation of onsite parking and bin storage area.
4.0 PLANNING POLICY
4.1 In terms of local plan policy, the application site lies within an area zoned as Predominantly Residential under the Douglas Local Plan 1998.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered materially relevant 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;
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(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; (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."
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."
5.0 REPRESENTATIONS
5.1 Douglas Borough Council have no objection to the current planning application (16/11/2015).
5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (04/11/2015).
5.3 The Department of Environment, Food & Agriculture: Environmental Health have stated that the proposed flats/apartments must on completion of the intended works, comply with the requirements of the Housing (Registration) Regulations 2013 and be registered thereafter under the Regulations PRIOR to any of the flats being occupied (12/11/2015).
6.0 ASSESSMENT
6.1 It is considered that there are four issues to consider in the assessment of this current planning application which are set out below:
The loss of the shop unit;
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2) The impact of the proposed development on the residential amenities of the local residents of Allan Street and Peveril Street; 3) Whether the proposal would provide a satisfactory level of residential amenity; and 4) Impact of the development on parking provisions.
6.2 LOSS OF SHOP UNIT
6.2.1 From a site visit it was evident that the shop unit is currently vacant. Externally, the building appears as a residential unit with no indication that the ground floor was previously used as retail.
6.2.2 The application site lies within an area zoned as Predominantly Residential use and as such the proposal would accord with the land use designation whereas retail is contrary to the designation. Furthermore, the site sits within a row of residential properties.
6.2.3 It is not known if the current retail use of the building has ceased or moved location. However, the use of the building would have previously been residential and what is proposed under scheme would reinstate the residential use.
6.3 IMPACT ON LOCAL RESIDENTS OF ALLAN STREET AND PEVERIL STREET
6.2.1 As already mentioned, the ground floor of the building was previously used as a shop with living accommodation above. The proposed development would create two separate living units.
6.2.2 It is likely that the proposal would result in fewer coming and goings than the previous use as retail where coming and goings would have been frequent throughout the day. This may have also had an impact upon the parking within the area.
6.2.3 The use of the building as residential is not considered to undermine the amenity of other users within the locality or the residential amnesty of neighbouring buildings.
6.4 WHETHER THE PROPOSAL WOULD PROVIDE A SATISFACTORY LEVEL OF RESIDENTIAL AMENITY
6.4.1 The principal rooms in the proposed ground floor apartment benefit from a pleasant outlook that would not be blocked or sheltered. Although the front elevation lounge and snug windows would look out to a highway and adjacent properties, they would not be short of light.
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, particularly in a town centre location, 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 apartment would be accessed via the front which would be shared with the access to the first floor apartment. There is also additional access to the rear of the building.
6.5 PARKING PROVISIONS
6.5.1 Current standards require that flats or apartments must provide 1 space for 1 bedroom and 2 spaces for 2 or more bedrooms. Therefore, 1 additional space should be provided for the ground floor apartment. From a site visit and drawings submitted it was evident that the proposal can provide two parking spaces to the rear of the property, which following standards would result in a shortfall of one space.
6.5.2 Submitted with the planning application is a parking survey that has been taken on Allan Street, Peveril Street, Clarke Street and Merton Bank over two weekdays and a Saturday at 0930,
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1400 and 1830hrs. On average there were 6 parking spaces available on Allan Street, 7 available on Peveril Street, 6 on Clarke Street and 2 on Merton Bank.
6.5.3 In addition to the parking available in the area, the site can provide two off road parking spaces which is exceptional given the location of the application site. There are not many other properties along Allan Street or Peveril Street that can provide off-street parking.
6.5.4 It is therefore considered that the parking that can be provided on site and within the area is acceptable and it is not judged that the proposal would result in an increased demand in parking in the area, more so than the previous use of the ground floor as retail. It is also important to acknowledge that Highway Services do not oppose the proposal.
7.0 RECOMMENDATION
7.1 For the reasons set out above, the planning application is recommended for approval.
8.0 PARTY STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
(a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considered material; and (e) The local authority in whose district the land the subject of the application is situated.
The Environmental Health Division is part of the same Department as is the planning authority and as such should not be afforded interested person status.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.11.2015
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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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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.
This approval relates to Drawing Number 15/17/01 and 15/17/02 date stamped as received 29th October 2015.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 02.12.2015
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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