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22/00445/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00445/B Applicant : Mark Pearce Proposal : Conversion of existing offices into 4 self contained 1 bedroom apartments and 1 studio apartment Site Address : Newcourt Chambers Offices 39 Bucks Road Douglas Isle Of Man IM1 3DE
Planning Officer: Mr Peiran Shen Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 04.08.2022 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R1; Three out of five flats have an undesirable outlook. While the intensified usage would not create an unacceptable impact on its neighbouring properties, it is considered that the lack of outlook outweighs the provision of additional housing options. This application is considered to fail to comply with Housing Policy 17 of the Strategic Plan.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is the curtilage of 39 Bucks Road, Douglas, a three-storey end-of-terrace building located on the southwest of Bucks Road, between its junction with Princes Street and Tynwald Street.
1.2 There is a staircase leading to the first floor on the rear elevation of the building.
2.0 THE PROPOSAL
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2.1 The planning application seeks approval for the change of use of the first and second floor of the building and its roof space to five flats (Class 3.4).
2.2 The internal configuration is two one-bedroom flats on each floor and a one-bedroom studio flat on the roof space. Each flat consists of a living room/kitchen and a bedroom with an en-suite. The living room/kitchen is on the front or rear elevation of the building. The studio flat has two rooflights in the open space area.
2.3 The proposal includes bike stands and a bin storage location at the rear of the site.
3.0 PLANNING HISTORY 3.1 Conversion of the first and second floor into offices was APPROVED under PA 89/00914/B.
4.0 Planning Policy Site Specific 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East.
4.2 No planning constraint overlaps with the site.
Strategic Policy 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
Principle of Developments 4.4 Strategic Policy 1 states that development should make the best use of resources by optimising the use of redundant buildings and under-used land and buildings.
4.5 General Policy 2, which provides an overall requirement for all development, 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: (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; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (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."
Environment 4.6 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island."
Housing 4.7 Para. 8.1.1 states: "The principal objective of the Government's housing policy is to ensure that sufficient housing, to appropriate standards, is made available to meet demands created by the growth in population and changing household sizes."
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4.8 Para. 8.1.5 states: "The Department has determined that it is necessary to plan for 5100 additional dwellings over the Plan period 2011 to 2026."
4.9 Para. 8.13.1 states: "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."
4.10 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."
Parking 4.11 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
4.12 Appendix 7 sets out Parking Standard. For apartments, there should one space for a one-bedroom apartment or two spaces for a two-or-more-bedrooms apartment.
4.13 Appendix 7.6 states that for typical residential development, there should be two spaces for dwellings with two or more bedrooms. These standards can be relaxed under certain circumstances, such as (d) the proposal 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.
Other 4.14 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regard to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
4.15 Infrastructure Policy 5 states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."
PPS and NPD 4.16 There is no planning policy statement or national policy directive applicable to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.1 There is no strategy or guidance applicable to this application.
6.0 REPRESENTATION 6.1 Douglas Borough Council has no objection to this application (21.06.2022) after confirming the space for bike and bin storage with the applicant.
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6.2 Highway Services do not oppose this application (28.06.2022) after bike parking storage was provided at the rear of the site.
7.0 ASSESSMENT Elements of Assessment 7.1 The key considerations in the determination of the application are the principle of the proposed land use, the occupants' living amenities, its impact on parking provision and amenities of the neighbouring properties.
Land Use 7.2 The proposed use is residential and the site is within a predominantly residential area. Therefore, the proposed land use is considered principally acceptable.
Character and Streetscene of the Area 7.3 The proposed flats can allow a maximum of eight residents at one time. The site is still within an area with relatively high density on the island. The increase of eight residents would not change the character of the area.
7.4 The location is close to the town centre. In addition, there is already limited parking for the whole street and the proposed bin storage is at the rear of the site. Therefore, it is considered that the intensification will not have a negative impact on the character and streetscene of the Area.
Residential Amenities - Outlook 7.5 The two flats on the front elevation have an outlook of a typical roadside residence, which is considered acceptable.
7.6 The two flats on the rear elevation have an outlook of a rear ally, while not obstructed, it is relatively unsightly when compared to the outlook of the front elevation flats.
7.7 The studio flat has an outlook from the dormer windows. The outlook would be partially obstructed due to the pitched roof angle.
7.8 In summary, three out of five of the apartments do not have a clear or pleasant outlook.
Residential Amenities - Other 7.9 The site is close to many public gardens as well as the Promenade, it is considered that the provision of external amenity space is not necessary.
7.10 As there is no objection from Douglas Borough Council, the proposed bin storage and occupants' access to the bin storage are acceptable.
Parking 7.11 The site is close to the existing public transport link and within walking distance to the town centre and a variety of amenities, meaning further relaxation of parking standard is acceptable. Combined with the provision of cycling storage, it is considered that the impact on on-street parking is acceptable.
Neighbouring Amenities 7.12 The proposal could result in a maximum number of eight people occupying the property at one time. Since it is within one of the densest populated areas on the Island, the potential negative impact on the amenities of neighbouring amenities is considered to be within an acceptable level.
Planning Balance Assessment
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7.13 The proposal complies with most planning requirements besides the outlook of three flats. A clear and pleasant outlook is an important amenity for a flat, as there are much fewer outlook points compared to a typical dwelling.
7.14 On the one hand, the Island is experiencing an ongoing reduction in household sizes, meaning more people are looking for smaller accommodations. There are also seasonal/temporary/migrant workers looking for reasonable temporary accommodation. Therefore, the provision of one-bedroom flats and studio flats can supplement the existing housing supply.
7.15 On the other hand, while arguments can be made that outlook is subject to individual perception and needs, the ongoing pandemic has highlighted the importance of basic living amenities and how they can affect the physical and mental health of occupants. In my opinion, outlook is an amenity that should be safeguarded by the Department to ensure the quality housing options available.
7.16 While more housing options are welcomed, the Island is not experiencing a housing shortage which would justify compromised amenity provision. Therefore, it is considered that the poor outlook of the three flats outweighs the potential benefit of increasing housing options.
8.0 CONCLUSION 8.1 Three out of five flats have an undesirable outlook. While the intensified usage would not create an unacceptable impact on its neighbouring properties, it is considered that the lack of outlook outweighs the provision of additional housing options. This proposal is considered to fail to comply with Housing Policy 17 of the Strategic Plan. Therefore, it is recommended for a refusal.
9.0 INTERESTED PERSON STATUS 9.1 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 which 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.
9.2 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
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decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Date: 04.08.2022
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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