DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 21/01453/B Applicant: Mr Martin Le Moignan Proposal: Erection of a first floor extension to rear yard with carport below Site Address: 2 Stanley Terrace Douglas Isle Of Man IM2 4EP Senior Planning Officer: Mr Jason Singleton Photo Taken: 19.05.2022 Site Visit: 19.05.2022 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.09.2022

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.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The ground floor car port and living accommodation within the first floor of the development hereby approved shall only be used in association with the main dwelling house "2 Stanley Place" and for purposes incidental to the use of main dwelling house "2 Stanley Place" as a single dwelling, for no commercial purposes, not sold off as a separate planning unit and only in accordance with the internal layout shown on plan 03 REV A received on the 5th May 2022.

Reason: The dwelling is within a single residential plot within an area of similar developments. The application does not propose to create separate units of accommodation within the site and has not been considered as such.

• C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

This application has been recommended for approval for the following reason.

The proposals meet the test of General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 as they will preserve the character of the Conservation Area, and is therefore judged to be acceptable.

Plans/Drawings/Information; This decision relates to drawings submitted on 2 December 2021, referenced;

• 01 Location and Existing Site Plan
• 02 Block Plan and Rear Elevation as Existing and; Amended plans received on 5th May 2022, referenced
• 03A Floor Plans and Elevation as proposed
• 04A Proposed Roof Plan. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of 2 Stanley Terrace, Douglas. The property is characterised as a mid -terrace at three stories high with prominent chimney stacks on the joins. The property / terrace is set back from the highway with gardens to the front. The terrace sits at a higher level than the highway. - 1.2 To the rear of the property is a Stanley Place that serves the rears of the terrace of Stanley Terrace (opposite) with some properties having garaging, parking or car ports with some built forms above the garages which has created additional accommodation. The street also serves a number of residential properties fronting onto Stanley Place. The roadway here is relatively narrow with parking to one side and just enough space to pass with a vehicle. - 1.3 Between the rear of the dwellinghouse and that of the existing garage, there are a number of single and two storey extensions that link the house to the garage with only a small corridor down the centre that is not covered from the elements. At present, it is noted on the existing plans the configuration at the rear is a garage and flat above in conjunction with the principle dwelling of No. 2 Stanley Terrace. - 1.4 This application should be read in conjunction with 21/01452/CON - Registered Building consent for the demolition elements (in connection with application 21/01453/GB).

2.0 THE PROPOSAL - 2.1 Proposed is the demolition of the rear garage and accommodation above in its entirety and those rear extensions and in its place the erection of car port with a pitched roofed extension above that would provide separate accommodation (no access to the main dwelling house) that would feature an internal layout of open plan lounge kitchen and dining, two bedrooms and a bathroom. Access is from within the car port (parking for two cars) and adjacent to the rear entrance to the main building of 2 Stanley Terrace. This would see the entire first floor above the garage and car port being utilised for accommodation, essentially a granny flat annexe in conjunction with the dwellinghouse.

2.2 The agent has provided a statement that notes the pertinent points of the application, the policy requirement and the level of improvements the proposal will bring to the character of the area by the design. The agent notes; With the existing extensions that sit within the rear yard space being in a state of disrepair, it is proposed to demolish these and make better use of the space, with extended off road parking, making this an open car port will allow parking to be much more accessible and increase in parking from one to two". - 2.3 The propose works are solely contained to the rear elevation facing onto Stanley Place.

3.0 PLANNING POLICY - 3.1 The application site is designated as; 'predominately residential' on the Area Plan for the East. - 3.2 The site is within Ballaquayle Road Conservation area, there no registered trees on site and the site is not identified as being within a flood risk area. - 3.3 The Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 3.4 General Policy 2 (GP2) (in part) 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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the

3.5 Housing Policy 17: 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.

3.6 Environment Policy 35: 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. - 3.7 Within Section 7.32 - Demolition in Conservation Areas of the IOMSP, the following text is all relevant and informs Environment Policy 39 (below):

"7.32.1 Under Section 19 of the 1999 Town and Country Planning Act, Conservation Area designation introduces control over the demolition of most buildings within Conservation Areas...

• 7.32.2 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. When considering proposals which will result in demolition of a building in a Conservation Area, attention will be paid to the part played in the architectural or historic interest of the area by the relevant building and the wider effects of demolition on the building's surroundings and on the Conservation Area as a whole. In addition, consideration will be given to:

• o the condition of the building;
• o the cost of repairing and maintaining it in relation to its importance and the issue derived from its continued use (based on consistent long-term assumptions);
• o the adequacy of efforts made to retain the building in use;
• o the merits of alternative proposals for the site."

3.8 Environment Policy 39 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. - 3.9 Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man): - 3.10 POLICY RB/6 DEMOLITION There will be a general presumption against demolition and consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of an historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:-

• o The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces that in an age of rapid change may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair;
• o The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the
• open market at a realistic price reflecting the building's condition.
• o The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this
• option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them

3.11 POLICY CA/6 DEMOLITION Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general

• presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole."
• 3.12 OTHER MATERIAL CONSIDERATIONS; Residential Design Guidance 2021 provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.
• 3.13 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".

- 4.0 PLANNING HISTORY

4.1 The application site has no planning history that is considered relevant to this application. - 5.0 REPRESENTATIONS (in brief - full reps can be read online)

5.1 Douglas Corporation (22.12.21) with no objection.

5.2 Highways Services do not object (No Highways Interest) 22/12/21; 06/05/22 - 6.0 ASSESSMENT

6.1 The assessment is broken down into the following separate elements that are considered in turn:

• (i) Principle for new residential development;
• (ii) Conversion into a flat (HP17);
• (iii) Visual impact on the Conservation Area (EP35 and S.18(4));
• (iv) Visual Impact upon the character and appearance of the Streetscene (GP2b,c);
• (v) Impact upon residential amenity of neighbouring properties; (GP2g);
• (vi) Highway Safety (GP2h,i).

• (i) Principle

6.2 The application site is identified as being within a predominantly residential area by the Area Plan for the East 2020. It is situated in a reasonably central and sustainable urban location, with good access to shops, services, jobs and public transport. The proposal would make effective use of previously used land. In these regards, the proposal (the proposed built form and the use of the upper part of the extension as residential accommodation in conjunction with 2 Stanley Terrace) is considered to be sustainable and these factors support the case for the redevelopment of this part of the site.

6.3 The proposal (essentially a granny annexe above the garage) to replace an existing two storey garage with accommodation above and those subordinate rear extensions off the main dwellinghouse would be acceptable, they (the rear extensions) are not visible from the highway and screened by the built form of the existing garage building that fronts onto Stanley Place and could be demolished within out any detriment to the visual amenity of the streetscene which in turn ensures they do not make a positive contribution to character and appearance of the Conservation area. It would be appropriate in this instance to add an appropriately worded condition linking the annexe to the host property to avoid creating a separate dwellinghouse.

• (ii) Conversion into a flat
• 6.4 In terms of Hp17 and the conversion into a flat, it has to be considered the existing use of the space above the garage and its suitability in terms of general amenity, outlook and parking. The proposed flat would be larger than the existing flat and large enough to provide adequate an amount of space with the usual arrangement of habitable rooms that would measure 12m x 5m and approx. 60sqm. This provides an internal configuration of two 'double' bedrooms both with roof lights above giving natural light, a bathroom with roof light above and an open plan lounge kitchen dining room with roof lights above, offering adequate space to allow for the drying of clothes. The main living accommodation would feature a windows to the front with views out towards the adjacent properties, albeit its character is varied and not unattractive but would be one of an active streetscene.
• 6.5 The living environment of the proposed flat is deemed to be acceptable and would also benefit from a separate entrance adjacent to the main house and a refuse or waste collection point, both at the rear of the property. Whilst there is no amenity space or garden being provided, the site is within Douglas and easy access to the Beach and villa marina gardens for any respite and close enough to shops and services to not be reliant on for a vehicle. On balance this aspect would accord with HP17 with a condition linking this to the main dwellinghouse as one planning unit and not sold off separately.

• (iii) Visual impact on the conservation area

6.6 The proposed nature of the proposal would not be as apparent from the main front elevation of 2 Stanley Terrace and as these works area solely contained to the rear elevation, do not form an intrinsic part of the overall conservation area or their reasons for registering. The proposal given the level of existing built form that this proposal is seeking to replace is not judged to have a negative impact on the Conservation Area that would affect the normal planning balance (S.18). These aspects of development are deemed to be an acceptable form of development that would have a neutral impact upon the conservation area in accordance with what Environment Policy 35 seeks.

• (iv) Visual Impact on the streetscene

6.7 The proposed replacement extension and rear garage would to some degree echo the existing proportion and form of the existing elevation facing onto Stanley Place with its painted white render appearance, with a pitch tiled roof to match the dwellinghouse and the general window placement at first floor level would match that of what is being considered for removal. - 6.8 The 'front' elevation would be read within a streetscene of similar garage appearances (accommodation above a garage) in the streetscene and has been appropriately designed. The flat roof infill between the garage and the dwellinghouse would be a section of flat roof with roof lights and would not be apparent from the streetscene (Stanley Place) given the built forms of the neighbour's properties at two stories, flanking the site at the rear. As such the proposal would be considered to have a neutral impact upon the streetscene and is judged to be acceptable and in accordance with GP2(b&c)

• (iv) Neighbour Impact

6.9 The character of the rears here is one of built form to one and a half or two stories in height, depending on whether the pitched roof is a gable end onto the highway or sloping away. In considering any impact here, any concerns would be focused on the rear elevation and the massing of the proposed built form. There are no windows in the side elevations and could offer any direct views into the neighbouring's private amenity space. To the rear of the site is the side elevation of No.3 two and a half stories high with garaging at ground floor level and windows to the first floor and within the mansard roof additional windows, separated from the application site by the highway. It is noted that there has not been any comments received from any of the adjoining or neighbouring properties in the vicinity of the site.

6.10 Visiting the site, and comparing the existing and proposed elevation and sections, the proposed would not be considered to have any greater impact than the current built form at the rear. The design utilised the existing parameters of the current massing and the only difference is the window placement going from one large window to two smaller ones. In this instance the design would not result in any overlooking leading to a loss of privacy and would accord to General Policy 2(g).

• (v) Highway Safety

6.11 In relation to parking standards the Isle of Man Strategic Plan indicates that two off road parking spaces are generally required for each dwelling. The proposal would only provide at least two off road spaces per dwelling as well as bicycle storage all within the garaging to the rear of the dwelling. Accordingly, the application accords with the parking standards of the IOMSP. - 6.12 Highway Services have considered the parking requirements and access arrangements and have raised no objections to the application.

- 7.0 CONCLUSION

7.1 The proposal would result in a neutral impact upon to the Conservation Area and the street scene given the design, proportion, form, scale and finish of the properties, while not having any significant adverse impacts upon private or public amenities. Accordingly, the application would comply with the relevant policies set out in this report and therefore recommended for an approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 21.09.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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