Officer Planning Report

Planning Report And Recommendations {{table:157690}} {{table:157691}} {{table:157692}} {{table:157693}} ### Considerations {{table:157694}} ### Written Representations ### Consultations {{table:157695}} Consulttee: Disability Access Officer Notes: Apartment blocks should meet the following requirements. Where parking is provided, which includes provision for visitors then five percent of unassigned spaces should be designated for disabled parking. The ground or primary entrance level should include at least one entrance that is accessible to an unassisted wheelchair user. Any sanitary facilities provided which are accessible to the public should include a disabled toilet. All public corridors should be of sufficient width and free from obstruction as to allow a wheelchair user to pass other users of the corridor. The primary entrance to all apartments should be wide enough to be accessible for everyone including wheelchair users. Where apartment / parking is provided over more than one level then a lift should be provided. The lift should be large enough to allow wheelchair users with an assistant to enter and turn around. The controls need to be at a height that everyone can reach and use. Visual and audible announcements should be fitted. Consulttee: IOM Water Authority Notes: For connections to Flats and Apartments the following apply - "Water Supply To Flats And Apartments - Regulations", and if applicable a "Form Of Undertaking In Respect Of Supply Pipes" will be required. Copies of these documents can be obtained from the IoMWA or alternatively by contacting the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57 Consulttee: Manx Electricity Authority Notes: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application. ---

Officer’s Report

THE SITE The site represents the curtilage of number 120 Buck's Road, a four storey terraced building which fronts onto Buck's Road and backs onto a rear lane. The building has a principal four storey frontage with a two storey annex extending into the rear yard.

PLANNING STATUS The site lies within an area of Predominantly Residential on the 1998 Douglas Local Plan.

PLANNING HISTORY The site has been the subject of one previous application - PA 06/1902 for the conversion of the dwelling into four self-contained apartments which was withdrawn (amongst the views submitted, there was an objection to the application from the dot: Douglas Corporation indicated that it had no objection to the application).

Within the terrace of which this site forms part, there have been the following applications of interest:

• number 94 - PA 94/1711 - conversion into 5 self-contained apartments - refused on review (inadequate outlook from the basement flat, no access to bin storage and no on-site parking), PA 01/0141 - conversion of building to three flats - permitted on appeal
• number 98 - PA 90/1325 - alterations to create 4 permanent flats - permitted
• number 102 - PA 01/1758 - approval in principle for conversion of guest house to 5 apartments - refused (inadequate outlook and light from the basement flat)
• number 108 - PA 00/0577 - conversion of eight flats to five self-contained flats - permitted
• number 110 - PA 90/0763 - conversion of guest house into 5 self-contained apartments - refused (basement flat included) and PA 90/1277 - alterations to form 5 self-contained flats - permitted on review
• number 114 - PA 88/1802 - conversion of first, second and third floors into two self-contained flats - permitted
• number 124 - PA 88/0709 - alterations to upgrade existing flats - permitted on review
• number 126 - PA 99/4201 - change of use from guest house to residential - withdrawn, PA 88/4588 - approval in principle to convert premises into 6 self-contained flats - withdrawn, PA 91/0161 - approval in principle for conversion of guest house into 4 permanent flats - permitted on review, PA 91/1849 - conversion of guest house into 4 permanent flats - permitted
• number 128 - PA 97/0909 - conversion of building into 4 permanent self-contained flats - permitted
• number 136 - PA 01/2034 - alterations to convert building housing 6 apartments to 3 apartments... - permitted
• number 138 - PA 94/0191 - conversion to flats - permitted on review.

Also, number 61, across the road from the terrace was the subject of PA 01/0887 - conversion of guest house into five flats which was partially refused due to the outlook and environment of the basement flat.

Number 57 which is opposite and a little further south than the terrace was the subject of PA 89/1027 - conversion of dwelling to 4 self-contained flats and was permitted.

I am advised by the Environmental Health Directorate that numbers 96, 98, 108, 110, 112, 114, 116, 120, 122, 124, 126, 128, 130, 136, 138, 140 and 142 are registered with Douglas Corporation as flats (although this includes number 120 which is not presently so).

The Proposal

Proposed now is the conversion of the existing premises which is a ten bedroomed dwelling, into five flats. The basement would be used to accommodate the bedroom and shower room of flat two whose other bedroom, shower room and living accommodation is in the rear of the ground floor. The first, second and third floors all have one unit per floor.

There is a small yard at the rear of the ground floor accommodation which will accommodate the refuse storage

Assessment

The proposal should be judged against Planning Circular 2/88 - The Conversion of Buildings into Flats which, inter alia states that where the building has a rear outlet and it is reasonable and practical to do so, the pc will require the demolition of such outlets to make space for parking and to improve accommodation which has a poor outlook. In this case I would recommend that it would not be reasonable to do this as we have not required this course of action with the other buildings in the terrace which have received permission for conversion to flats and in any case the accommodation would not be made much better if the outlet were not there. The accommodation, with the exception of flat two has a front aspect and otherwise acceptable environment.

This circular also requires that each living unit should have a pleasant clear outlook particularly from the principal rooms of the flat (paragraph 2(s)). In this case flat two will have basement bedrooms with no outlook and the main accommodation will have windows looking out onto the lane and onto the rear yard where there is access by the residents of the remainder of the flats and the space for the storage of refuse. I do not consider this to have a satisfactory outlook and for this reason the application should be refused. Despite the objections from Douglas Corporation and the Department of Transport on the grounds of inadequate car parking, I would not recommend refusal on these grounds as there have been so many other approvals granted for the conversion of other parts of the terrace to flats, without requiring on-site parking that to require it in this case would be inconsistent and unreasonable. There are also many people who wish to live in the centre of town who do not have their own private car and who would not require car parking. That said, this general area, including Mona Street, Christian Road, Demesne Road, Raphael and Kensington Roads are generally characterised by significant on-street car parking.

I have spoken with the applicant's agent about my concerns and suggested that the only sensible use of the rear and basement space would be as communal storage facilities for the residents of the flats. It cannot be associated with unit 1 as the residents must have access to the rear yard for bin storage which would dissect this flat.

Party Status

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

Manx Electricity Authority raise issues relating to the supply of electricity which is not a material planning consideration and as such should not be afforded party status in this instance.

Isle of Man Water Authority raise issues relating to the provision of water supply to the premises which is not a material planning consideration and as such should not be afforded party status in this instance.

Disability Access Officer raises issues relating the disabled persons' access which whilst usually to be encouraged, in this case will be difficult due to the nature of the existing building. As such I do not feel that their comments are material planning considerations and as such the Disability Access Officer should not be afforded party status in this instance.

Fire Prevention Officer's comments relate to the fire precautions which are covered by the Flats Regulations and the Building Regulations and as such should not be afforded party status in this instance.

Environmental Health Inspectorate wish to draw attention to the Flats Regulations which are not a material planning consideration and as such should not be afforded party status in this instance.

In the event of the application being permitted, the above issues should be addressed by way of standard notes.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 19.04.2007

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1. Whilst the conversion of the building to self-contained apartments is generally acceptable, flat two would have a poor environment by virtue of the very limited (if any) outlook from the basement bedroom and a view from the ground floor outlet out onto the rear lane and rear yard which is accessible by the other residents and used for bin storage.

• 1. This refusal is without prejudice to the conversion of the building to four flats and where the basement and rear outlet on the ground floor are used for communal facilities for the residents of the building.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Refused Date : 23/4/07

Signed : M. I. McCauley Director of Planning and Building Control