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22/00396/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00396/B Applicant : Heron & Brearley Ltd Proposal : Conversion of unused space above shop into two one bedroom flats Site Address : Spar 39 Clagh Vane Ballasalla Isle Of Man IM9 2HR
Planning Officer: Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.08.2022 __
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. Prior to the commencement of the development hereby approved details of secure bicycle storage indicating location design and capacity shall be submitted to and approved in writing by the Department. The development shall not be occupied until the secure bicycle storage has been provided in accordance with the approved plans. The secure bicycle store shall be retained at all times thereafter.
Reason: To promote sustainable travel in the interests of reducing pollution and congestion.
C 3. Prior to the commencement of the development hereby approved details of bin storage for both flats approved as part of the application shall be submitted to and approved in writing by the Department. These details shall include location, capacity and type of bin storage provision. The development shall not be occupied until the bin storage area has been provided in accordance with the approved plans and shall be permanently retained thereafter and solely for the purpose of refuse storage.
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Reason: In the interests of the appearance of the development and of the amenities of the area.
This application has been recommended for approval for the following reason. The proposed development is considered to accord with General Policy 2, Strategic Policies 1 and 12, Housing Policy 17, and Transport Policy 7 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to the Plan List, Planning Statement, and Drawing Nos. 2202-CV-100, 2202-CV-101, 2202-CV-102, 2202-CV-200, 2202-CV-201, received 5 April 2022.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is the curtilage of the Chip Shop and Mini-Market, 1-3 Claugh Vane, Ballasalla. The property sits to the north of Cobbold Place, which forms part of the Regeneration Area for Ballasalla. The property is a two storey property which houses Andy's Chip Shop and Mini-Market which are existing retail units located within the Claugh Vane Estate, Ballasalla.
1.2 This property is located adjacent to the Claugh Vane 'Horseshoe Redevelopment', as well as being located about 88m north east of Ballasalla Primary School situated along Whitestone Terrace. The external wall of the building is finished in Calcium Silicate Facing Brickwork, while its steeply pitched roof is covered with concrete tiled roof. All the windows on the dwelling are white UPVC windows, with a significant number of the windows on the front elevation having obscured glazing.
2.0 PROPOSAL 2.1 The Conversion of unused space above shop into two one bedroom flats. These spaces which currently serve as retail store would be converted to two one bedroom flats with slightly different arrangements.
2.1.1 Flat 1 would have a lounge, kitchen, dining, bathroom and a store. 2.1.2 Flat 2 would have an open plan kitchen/dining/lounge area, bathroom, a bedroom, and dedicated dressing area connected to the bedroom.
2.2 There would be external alteration on the building's façade which will include the removal of four windows on the first floor rear elevation with the areas closed up and finished to match main building. Additionally, the first floor window on the southwest elevation would be removed with the opening closed up and finished to match the external wall finish.
2.2 The applicants have provided a Planning Statement which indicates the following: i. The flats would have access to the large yard to the rear of the building which is currently used for bin storage by the ground floor businesses. As such, two 240 litre wheelie bins would be provided within this rear yard for the proposed flats.
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ii. There is sufficient parking capacity in the area to meet the needs of the two additional parking requirements for the flats. They note that a tour of the parking opposite the shop, the roads to either side of the shop, and the car parks at the top with DOI Highways Officers indicated that of the 77 spaces along the route walked only 39 were occupied.
iii. They also state that the flats are located approximately 200 metres from the main bus stop in Ballasalla, from here there are direct buses to Port Erin, Port St Mary, Castletown, Foxdale, the airport, Douglas, Onchan and the hospital.
iv. There is plenty of space in the rear yard for the provision of secure bicycle storage lockers.
3.0 PLANNING POLICY 3.1 The site lies within an area designated as 'Predominantly Residential' on the Area Plan for the South (2013), and the site is not within a Conservation Area. The site is not prone to flood risks or within a registered tree area. As such, the following Strategic Plan policy is relevant:
3.2 Strategic Policy 11: The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026.
3.3 Sections 8.13.1 to 8.13.3 of the Strategic Plan "8.13.1 There are in the Island, and particularly in Douglas, many substantial buildings which, because of their size or form, are no longer suitable for the originally intended use as either single dwellings or holiday accommodation, but which are still structurally sound. The Department has for many years encouraged the conversion of such buildings, where appropriate, into flats.
8.13.2 The size, layout, occupancy, etc., of flats are controlled by the Housing (Flats) Regulations 1982. However, all flats should also have a good external environment, characterised by -
(a) a pleasant, clear outlook, particularly from the principal room(s) of the flat and (b) access to external space for the purpose of clothes-drying, refuse storage, car-parking, and general amenity.
8.13.3 Many buildings which are generally suitable for conversion into flats not only have very little space around them, but also have an annex or "outlet" at the rear. The Department may require the demolition, in total or in part, of such "outlets" even where the immediate use of the cleared space may not be possible, for example where more than one rear annex may be needed to be removed to gain access or highway work such as road widening may be required to make the cleared space useful. Such demolition will: (a) remove accommodation which has a poor environment and limited outlook; (b) permit the creation of parking space; and (c) assist in admitting light and air to the rear of the building proper.
Where such demolition is not so required, the accommodation must generally be organised so that every flat has an outlook from the front of the building, and so that no flat is contained entirely within an "outlet". Exception may be made to this general approach where the environment at, and the outlook from, the rear are pleasant and open".
3.4 Housing Policy 17: The conversion of buildings into flats will generally be permitted in residential areas provided that:
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(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.
3.5 Also, General Policy 2 is considered applicable as follows: 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 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 and (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; (n) is designed having due regard to best practice in reducing energy consumption.
3.6 Car parking standards are set out in Appendix Seven of the Strategic Plan and in the case of apartments, one space would be required per one bedroomed flat and two for larger units. This standard may be relaxed where development:
(a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality.
3.7 Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.
3.8 Strategic Policy 12: Favourable consideration will generally be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of redundant boarding houses, and vacant or under-used space above commercial premises subject to compliance with detailed standards (see section 8.13).
4.0 PLANNING HISTORY 4.1 The application site has been the subject of the following previous planning applications that would be specifically material to the assessment of this current planning application.
4.2 PA 19/01434/B for Removal of chimney stacks and replacement of roof tiles. Approved.
4.3 PA 19/01040/B for Alterations, replacement windows and doors, and creation of disabled access ramps. Approved.
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4.4 PA 04/02044/R for Retrospective application for the extension of shop into adjacent dwelling and proposed change of use of existing first floor living accommodation to storage for shop below. Approved.
4.4 These applications have resulted in the current appearance and layout the existing property which the current application seeks to alter.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 15 April 2022.
6.2 Malew Commissioners have stated that they have no objection to the application in a letter dated 4 May 2022.
6.3 No comments have been received from neighbouring properties.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are: i. The Principle (HP 17, SP 1 & SP 12, GP 2) ii. Potential Impacts upon the Property and the Visual Amenities of the Street Scene (GP 2); iii. Adequacy of Amenity Space (HP 17 & GP2); iv. Impacts on Parking and Highway Safety (TP 7 & GP 2); and v. Impacts on Neighbouring Amenity (GP 2)
6.2 THE PRINCIPLE 6.2.1 The application site is located within an area zoned as predominantly residential use on the Area Plan. As such the principle of the proposal would be in accordance with General Policy 2. Likewise, the existing use of the building is as a commercial building and there is support within Strategic Policy 12 for the creation of flats by using vacant or under-used space above commercial premises subject to compliance with detailed standards indicated in section 8.13 of the Strategic Plan. Besides, the proposed residential use would not be seen as incompatible with the dominant residential use of the locality, and would be read in compliance with the aforementioned policies. It is also vital to note that the conversion of the first floor space above the shop flats would also comply with the requirements of Strategic Policy 1 which encourages optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings.
6.2.2 The acceptability of the principle of the proposed use (highlighted above) is however, not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the current scheme appropriate for the site.
6.3 VISUAL IMPACTS UPON THE PROPERTY AND THE AMENITIES OF THE STREET SCENE 6.3.1 In terms of the potential impacts of the proposed changes on the rear and side of the existing building, it is considered that the changes would be minor (only involve removal of windows), with the changes not altering the window symmetry or resulting in adverse visual impacts on the existing property.
6.3.2 Whilst it is noted that removal of the windows to the rear and southwest elevation the front dormers would be visible alterations to the property, when viewed from the street scene, there is no overriding symmetry with the windows on the side and rear. As such, there removal would not be detrimental to the appearance of the property as viewed from the streetscene.
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Besides, the changes are mainly to the rear of the property which is not considered to be a particularly important viewpoint as the key vantage is towards the front and south east elevation which dominate the views when approaching the property. Given the above, it is considered that although the window alterations would result in noticeable alterations, these changes would not be detrimental or of a magnitude sufficient to warrant refusal of the scheme.
6.4 ADEQUACY OF AMENITY SPACE 6.4.1 With regard to the amenity space provisions, each living room on the new flats created is positioned on the front of the building affording views out with adequate amount of space within each apartment suitable for the number of occupants specified. There bedrooms and dining areas are also afforded appropriate outlook from their windows. Additionally, the apartments are large enough to accommodate a lounge, kitchen, toilets and bedrooms on each floor. Granting there are no outdoor amenity spaces provided, there is ease of level access to good public open spaces within the broader residential estate that would provide a degree of respite from the activity in the area, namely the Ballasalla School, Douglas Road and the Malew Football Club grounds.
6.4.2 In terms of the bin storage provision, the applicants have indicated that these would be provided within the rear yard which currently houses the bin storage area for the commercial unit on site. Given that there is ease of access to the rear yard from the proposed flats it is considered that the scheme would meet the requirements of HP 17 (a). A condition would, however, be imposed to ensure that the provision of a dedicated bin storage area is integral to the development.
6.5 IMPACT ON PARKING 6.5.1 In assessing the provisions for parking, it is noted that the site provides no parking spaces, although Transport Policy 7 requires one parking space per one bedroom apartment. However, there is sufficient on-street parking within the unallocated parking areas directly adjacent the building and in the parking areas around the site. As well, the site is in a location which is within close proximity to primary public transportation links, services and shops, which could serve as sufficient argument that the parking standards be relaxed in this case. Besides, DOI Highways have stated that they find the development to have no significant negative impact upon highway safety, network functionality and /or parking.
6.5.2 Another factor that bodes well for the applicants have proposed to provide a secure bicycle storage facility within the site which would be in the interest of sustainable travel.
6.5.3 Overall, given the site is within close proximity to services and shops, public transport links and public parking, it is considered that the lack of off street parking provision in this case is acceptable and would not significantly effect on street parking in the locality.
6.5 POTENTIAL IMPACT UPON NEIGHBOURING RESIDENTS 6.5.1 The component of the application worthy of consideration with regard to impacts on the neighbouring dwellings would be the potential for overlooking. This is hinged on the fact that the upper floor which previously served as storage would serve as accommodation which regular views afforded through the windows to the neighbouring properties. It is, however, considered that the existing relationship between both buildings allows mutual overlooking from the first floor areas, thus any impacts would be minimal. Besides, the windows to the rear would serve a secondary habitable room (bedroom) and a non-habitable room (bathroom), from where overlooking impacts are considered to be diminished.
6.5.2 Given the above, it is considered that any impacts on neighbouring amenity would be minimal and not sufficient to warrant refusal of the proposal.
7.0 CONCLUSION
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7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties, would be an appropriate use for the building and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and as such the application is supported.
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: 18.08.2022
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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