DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00560/B Applicant: GWP Ltd Proposal: Convert existing guesthouse into 7no. one bedroom apartments with associated works Site Address: 8 Clifton Terrace Douglas Isle Of Man IM2 3HX Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.07.2022

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 occupation of any apartment hereby approved, all bin and bike provisions as shown on drawing 2202/PL1002 shall be completed and ready for use and shall be retained thereafter. Reason: ensure adequate bin storage and bike provision.

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

It is considered that the planning application is in accordance with General Policy 2, Environment Policy 35 and Housing Policy 17 of the Isle of Man Strategic Plan 2016; Residential Design Guide 2021 and the Area Plan for the East 2020.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 10.05.2022. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of a 4 storey Victorian mid-terrace guesthouse at 8 Clifton Terrace. The site is typical of many of the traditional guesthouses in Douglas, and Clifton Terrace itself has many of them. The site is within the Ballaquayle Road Conservation Area. - 1.2 The building was a guest house until 2018, with 14 bedrooms, and a gross floor area of 340sq m. Planning permission was approved for the use of the building as a House of Multiply Occupation (HMO) containing 12 bedrooms in 2019 which is still valid.

2.0 THE PROPOSAL - 2.1 The application seeks full approval for the conversion of the existing guesthouse into 7no. one bedroom apartments with associated works. - 2.2 The external works involve the replacement of the existing windows with uPVC sliding sash windows to the front and rear elevation. No other external alterations are proposed.

- 3.0 PLANNING HISTORY

3.1 Then previous planning applications associated with this site is considered relevant in the determination of this application; - 3.2 Conversion of guest house to house in multiple occupancy (HMO) containing 12 bedrooms - 19/00554/B - APPROVED on the 30.07.2019.

- 4.0 DEVELOPMENT PLAN POLICIES

4.1 The application site is within an area designated as "Predominantly Residential Use" under the Area Plan for the East 2020. The site is within a Conservation Area. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 4.3 General Policy 2 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:

• a) Is in accordance with the design brief in the Area Plan where there is such a brief;
• 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;
• d) Does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• e) Does not affect adversely public views of the sea;
• f) Incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• 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;
• j) Can be provided with all necessary services;
• k) Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• l) Is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• 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."

4.4 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."

4.5 Environment Policy 35 states: "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." - 4.6 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 4.7 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". - 4.8 Residential Design Guide 2021

- 5.0 CONSULTATIONS

5.1 DOI Highway Services have no objection (on 26.07.2020) making the following comments:

"After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking given the reduction is number of bedrooms from 15 under PA19/00554/B to the proposed of 7 one bedroom units. The Applicant has considered the installation of storage for bicycle parking at one space per unit which is welcomed, and these should be in a rack to accommodate semi vertical provision to allow accessibility or as a gas powered vertical rack. DBC may comment further and on the adequacy of the bin storage."

5.2 Douglas Borough Council have no objection (30.05.2022).

- 6.0 ASSESSMENT

6.1 The following issues are relevant in the determination of this application; (a) principle of developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; (c) potential impact of the works to the street scene; and (d) potential private amenity for future occupants. PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES - 6.2 As stated earlier in this report, the application site is located within a wider area of land that is designated as predominantly residential use and therefore accords with this use. - 6.3 Accordingly, the proposal does meet the current land use designation, it is considered acceptable in this respect. POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION - 6.4 A one bed apartment proposed would require one parking space per apartment i.e. 7 spaces in this case. However, there is no off road parking associated with this application.

However, the site is also within walking distance of the town centre where shops and employment are located, as the site is very close to major bus routes. The use as a guest house or HMO will have the same or greater parking need than the 7 apartments.

POTENTIAL IMPACT OF THE WORKS TO THE STREET SCENE

6.5 The only external alterations are the replacement of the existing sliding sash windows on a like for like basis to the front and rear. - 6.6 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Section 18(4) of the Town and Country Planning Act (1999) also requires that the desirability of preserving or enhancing its character or appearance in the exercise. - 6.7 The alterations to the front of the property is the most important in this case, being the elevation which is most publically viewable and elevation which is most important in terms of the character and appearance of the Conservation Area. The main works to the front elevation relate to the new sliding sash windows. It is considered the proposal would preserve the character or appearance of the Area and is therefore acceptable. POTENTIAL PRIVATE AMENITY FOR FUTURE OCCUPANTS - 6.8 As outlined within Housing Policy 17 each apartment needs to have a "pleasant clear outlook, particularly from the principal rooms". This is arguable the main issues with the application, namely the apartments at first floor and above within the rear outlet. The rooms within the main building which have their main outlook to the front elevation raises no concerns. Generally, allowing apartments within the rear outlook raises concerns and would not be supported. - 6.9 This case is different however for the following reasons;

• Permission has been granted for the unit to be used as a HMO which would have a reduced level of living standards than the apartments proposed;

• o The proposal does not included a ground floor apartment which would raises significant concerns on this site within the rear outlet, but only first, second and third floor only.
• o To the rear of the site the layout different from most terraces in Douglas, as there is a triangular lane, rather than backing directly onto other rear terraces. This results in this particular property benefiting from a more open feel/outlook than what exists to the majority
• of properties in the area/Douglas.

6.10 For these reasons, it is considered the proposal overall would just pass the test of each apartment having a clear and pleasant outlook. It should be noted that if the same application was proposed to other properties within Clifton Terrace, this acceptance is not likely to be given. Each application is judged on its own merits and the merits outlined for this site may not apply to other neighbouring site. - 6.11 Bin storage is located to the rear yard. Where the existing bins is stored. No objection to this has been received from DBC. Bike storage is securely located to the rear ground floor outlet. Enough space for one bike rack per apartment.

- 7.0 CONCLUSIONS

7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 2, Environment Policy 35 and Housing Policy 17 of the Isle of

• Man Strategic Plan 2016; Residential Design Guide 2021 and the Area Plan for the East 2020 and it is therefore recommended that the planning application be approved.
• 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 the Head of Development Management 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 : 19.07.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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