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Application No.: 08/01548/C Applicant: Graih Proposal: Change of use of existing dwelling to temporary over night accommodation Site Address: 1 Derby Road Douglas Isle Of Man IM2 3EU Considerations Case Officer : Mr Ian Brooks Expected Decision Level: Planning Committee Written Representations 2 Derby Road Douglas Isle Of Man IM2 3ET Objects to the proposal Too much noise 30 Derby Road Douglas Isle Of Man IM2 3ET Objects to the proposal Vine Villa 8 Derby Sqaure Douglas Objects to the proposal Legislative Buildings Douglas IM1 3PW Objects to the proposal Hartford Homes Middle River Douglas Isle Of Man Interest expressed Consultations Consultee : Highways Division Notes : Do not oppose Consultee : Douglas Corporation Notes : No objection
SITE The application site comprises of a property on the corner of Derby Road and Derby Square. The site lies within an area zoned as predominantly residential in the Douglas Local Plan 1998. The site is also located within a Conservation Area. To the east of the application site is a row of small retail units and to the south is 2 -4 Derby Square, which is a retail showroom.
PROPOSED DEVELOPMENT 23 October 2008 08/01548/C Page 1 of 5
The application is seeking planning permission to change the use of a dwelling into temporary overnight accommodation. The application is retrospective as the use is already occuring. The building is also used during the day for the provision of lunch. The applicants are proposing as a general rule to sleep no more than six people in the property at any one time, this being two volunteers and up to four clients although they have stated that in an emergency they would not wish to turn anyone away. The core hours of opening are Monday, Wednesday and Friday 10am to 2pm, Sunday, Tuesday, Thursday and Saturday 12.30pm to 2pm. The facility is also open seven nights a week from 9 pm to 10 pm . The doors close at 10 pm . Anyone arriving or leaving after 10pm will not be allowed entrance. Those saying overnight vacate the building at approx 7.30am.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policy 22 and Community Policy 7
General Policy 2 states that "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:
Community Policy 7 states that "The design of new development and the extension and refurbishment of existing buildings and development must, as far as reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour."
There have been no previous planning applications considered relevant to the assessment of this application.
Douglas Corporation and the Highways Division of the Department of Transport do not object to the application.
The occupiers of No. 8 Derby Square have commented on the following issues: 1) the suitability of the use of building under fire and building regulations, 2) object to another organisation moving into the area either on a temporary or permanent basis, 3) users of the facility hanging around the property would be intimidating for passers-by.
The occupiers of No. 30 Derby Road concerned about: the amount people hanging around the Derby Square and the surrounding vicinity when the building is closed and the safety of their children when using Derby Square.
The occupiers of No. 2 Derby Road are sick of the constant noise, police presence and general harassment by the tenants, the behaviour of the users of the facility.
Mrs Cannell MHK has made the following comments: 1) There is no clear indication of how many persons would be permitted at any one time, 2) The application indicates that the building will be open to serve meals but the application itself is not asking permission for meals to be served instead requesting for temporary overnight accommodation, 3) Concerned that there is no clear indication of the hours of operation as the applicants have indicated that the premises will be open outside the core hours, and 4) the plans are inadequate to visualise the property's suitability for such a use.
Hartford Homes, as owners of 2-4 Derby Square and 1A Derby Road, have expressed an interest in the application; however, their not objected to the application.
In assessing an application for the creation of a temporary night shelter, the main issue relates to whether the proposed use would cause a diminution of residential character and amenity in the area as a whole that would justify the refusal of the application. As part of that assessment, consideration must be given to the concerns of local residents in relation to the harmful impact of the development.
In land use terms, the application site is located within an area identified as predominantly residential in the Douglas Local Plan, however, the immediate locality is characterised by mixed uses. The proposal, while still of a residential character could be expected to have a different impact on the amenities of the area than if the building were used as a single dwellinghouse. The fact that occupants of the building could potentially change more regularly than one would expect were the property occupied as a single dwelling and the restricted hours within which access to and egress from the building is permitted mean there are likely to be peaks and troughs of activity that would not be expected with a single dwellinghouse use. The material planning consideration therefore relates to whether such activity would adversely impact on the existing residential amenity to such a level as to warrant the refusal of the application.
The use has been operating prior to the submission of this application and therefore local residents have already experienced the facility in operation. A number of objections have been received relating to anti-social behaviour and that it is intimidating for people passing through the area with homeless people congregating in the surrounding area, in particular Derby Square. It is important to consider the inherent characteristics of a proposal in land use terms rather than base a land use planning decision on non land use issues such as the alleged tendency for particular users to behave in an unneighbourly manner. Members must take into account the mixed use character of the locality and come to a conclusion as to whether, as a matter of principle, this particular form of residential use is unacceptable in this locality. Members must also ensure that they assess the proposal on the basis of the impact that is attributable to the proposed use of the premises rather than to the actions of persons elsewhere, even when those persons might be users of the facilities proposed.
It is considered that the grant of a temporary permission along with a condition requiring a local liaison committee to be set up so as to monitor the effects of the use on the neighbourhood could focus the operator's efforts on minimising any adverse impact on the locality and provide an objective basis on which to assess the impact of the proposal and ultimately its appropriateness to the locality. This would provide an accessible means for residents to bring to the notice of the management and the Planning Authority any activity related to the operation of the shelter that was considered by them to harm their amenity. This approach has already been considered at appeal when an application for a temporary overnight shelter was granted permission at Kingswood House, Harris Terrace. The independent inspector stated that the local liaison committee should meet frequently.
He also considered it would be necessary for records to be kept by an independent secretary, and that it would be expected that the minutes of such a committee would be material in determining whether a further permission should be granted either on a temporary or permanent basis. It is considered that this approach could be applied to this site so as to determine whether the site is appropriate for the use on a long term basis.
It is recommended that a temporary planning permission be granted subject to conditions.
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.
The occupiers of No. 2 Derby Road have commented on planning matter and are opposite to the proposed use. It is considered that they should be afforded party status in this instance.
The occupiers of No. 8 Derby Square have commented on planning and non-planning matters; however, their live one door away from the site and therefore do not have sufficient interest in the site to be afforded party status in this instance.
The occupiers of No. 30 Derby Road given their distance from the application site are not granted Interested Party Status under the provisions of Planning Circular 1/06
The owners of 2-4 Derby Square and 1A Derby Road have not commented on the application but expressed an interest in the application. They are the adjoining landowners and under the provisions of Planning Circular 1/06 they should be afforded party status.
In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Douglas Corporation Highways Division of the Department of Transport The occupiers of No. 2 Derby Road Accordingly the following parties are not afforded interested party status: The occupiers of No. 30 Derby Road Mrs. B. Cannell MHK
Recommended Decision: Permitted
Date of Recommendation: 22.10.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. This permission relates to the use of the building as a temporary overnight accommodation is for a period of 6 months from the date of this notice unless there is by that date planning permission for a further period.
C 2. This permission relates to the change of use of a dwelling to a temporary overnight accommodation as shown in drawing numbers 1548/1, 1548/2, 1548/3 date stamped 6th August 2008, Letter from K G Best date stamped 6th August 2008 and Letter from Mr. A. R. Hewins dated 23rd June 2008.
C 3. Within one month of the date of this permission a local liaison committee shall be set up in accordance with a scheme that has been submitted to and approved in writing by the Planning Authority.
Decision Made : Committee Meeting Date :
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