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22/00652/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00652/B Applicant : Mr Terry Yau Proposal : Conversion of existing building from two residential units to four apartments for residential (class 3.4) and tourism use (class 3.6) and one commercial office (class 2.1) to basement floor level Site Address : 2 Marathon Terrace Queens Promenade Douglas Isle Of Man IM2 4NH
Planning Officer: Mr Peiran Shen Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.07.2022 __
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.
This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2, Environment Policy 35, Housing Policy 17 and Transport Policy 7 of the Strategic Plan and Planning Policy Statement 1/01.
Plans/Drawings/Information;
This approval relates to the documents, planning statement, location plan, site plan and drawing no. sheet 1 of 3, sheet 2 of 3 and sheet 3 of 3 which have been received on 09th June 2022.
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Interested Person Status - Additional Persons
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It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Owners/Occupiers of 1 Marathon Terrace, Marathon Terrace, Queens Promenade, Douglas
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Owners/Occupiers of 4 Royal Avenue West, Onchan Owners/Occupiers of Shop 2, Marathon Terrace Queens Promenade, Douglas
as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy. __
Officer’s Report
1.0 THE SITE 1.1 The application site is 2 Marathon Terrace, Douglas, a four-storey mid-terrace building located on the northwest of Queens Promenade, close to its junction with Switzerland Road.
1.2 The terrace is set back from the Promenade, with a ground floor extension projecting to the Promenade. The ground floor extension is used as a shop whilst the flat roof is being used as decking for the flats. There are two flats at the moment: one occupies the ground and first floor, the other occupies the second floor and the third floor. There is also a basement.
1.3 There is a two-storey flat roof extension on the rear of the terrace. Switzerland Road is on a higher level than the site. The entrance at the rear has stairs leading down to the ground floor and up to the second floor.
2.0 THE PROPOSAL 2.1 The planning application seeks approval for the change of use of the terrace, not including the front extension, to four apartments, with an office in the basement.
2.2 The proposal also includes the installation of three retractable balconies/rooflights on the roof of the front elevation. In addition, there will be a two-storey pitched roof rear extension on the rear elevation, next to the existing two-storey flat-roof extension. The flat roof of the existing extension will be converted into a platform that leads to the entrance to the second and third floors.
2.3 Flat 1 and 2 will be accessible from the front elevation. Flat 1 will have a living room at the front, two bedrooms (one with an en-suite) and a toilet. Flat 2 will have a living room on the front floor, three bedrooms with an en-suite and a toilet.
2.4 Flat 3 and Flat 4 will be accessible from Switzerland Road. There are stairs leading up to the entrance on the rear elevation of the terrace. Flat 3 will have a living room at the front, two bedrooms with en-suite and a toilet. Flat 4 has an open plan with a study and bed area at the front and the en-suite and kitchen at the rear.
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2.5 The bin storage for Flat 1, 3 and 4 is in the rear yard on the new platform of the rear staircase. The bin storage for Flat 2 is at the bottom of the entrance stairs on the Promenade. The staircase will be carved out for the bin and a door with a finish matching the existing wall will be installed on the front.
2.6 There is bike storage on the platform leading to Flat 3 and 4 connected by stairs.
3.0 PLANNING HISTORY 3.1 Conversion of 2 existing flats into 4 residential apartments with additional tourist use and change of use of basement to an office was REFUSED under PA 21/00620/B.
3.2 The reason for refusal was regarding the scale of the rear extension and the design of the front bin-storage and their impact on the character of the Conservation Area. The reason also includes the impact of the rear extension on the neighbouring property. Both elements have been revised in the current application.
3.3 Conversion of second floor into self-contained flat was APPROVED under PA 87/00396/B.
4.0 Planning Policy Site Specific 4.1 The site is within an area designated as Mixed Use (Promenade) in the Area Plan for the East.
4.2 The Written Statement states: "Development types within areas of mixed-use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed-use."
4.3 The site is within the Douglas Promenade Conservation Area.
Strategic Policy 4.4 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 4.5 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.
4.6 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;
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(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 4.7 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."
4.8 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 4.9 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."
4.10 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."
4.11 Although no special policy mentions the conversion into HMO, there are policies regarding the conversion of buildings to flats, and it is considered that the principles in these policies, especially on safeguarding living amenities, should be applied to this application.
4.12 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."
4.13 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 4.14 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."
4.15 Appendix 7 sets out Parking Standard. Para. A.7.1 states: "in general, the need to find a use for redundant buildings which are in sound condition will outweigh the drawback of any shortfall in parking provision."
4.16 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 (c) the proposal is of benefit to the character of a Conservation Area,
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(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 4.17 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 practises 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."
4.18 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 4.19 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation 5.1 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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
6.0 REPRESENTATION 6.1 Douglas Borough Council has not commented at the time of the report (25.07.2022). The Council has no objection to the previous application.
6.2 Highway Services do not oppose this application (01.07.2022). The comment states that there is no significant negative impact upon highway safety, network functionality and /or parking.
6.3 Owners/occupiers of 4 Royal Avenue West, Onchan wrote in regarding the ownership of Shop 2 Marathon Terrace (28.06.2022). The comment also expressed concern that the proposal, particularly the use of apartment 2 might cause damage to the roof and railings of the shop.
6.4 Owners/occupiers of 1 Marathon Terrace wrote in (13.07.2022) regarding the potential overshadowing impact on the property as well details of the proposal.
7.0 ASSESSMENT Point of Clarification 7.1 Ownership and any potential tort issues created by the proposal are both civil matters and not regulated by planning legislation.
Conservation Areas Statutory Test 7.2 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or protect the character of the Conservation Area.
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7.3 The convertible rooflights/balconies are rare across the island. However, given the Island's climate, the balcony formation will most likely only be used in intermittently in the summer period. Therefore, it is considered that the rooflights/balconies would not have an impact on the character of the Conservation Area.
7.4 The previous refusal was mainly due to the impact of the rear extension and the front bin storage, both of which have been addressed in this application. The rear extension is of a much more modest scale and in line with the extension of adjacent terraces. The bin storage would not stand out from its surroundings and therefore would preserve the character of the conservation area. Therefore, it is considered that the proposal would preserve the character of the Conservation Area and passes the test.
Elements of Assessment 7.5 The key issues to consider are the principle of the development, its impact on the character and appearance of the Conservation Area, on the user's amenities, on neighbouring amenities and on highway and parking provisions.
Principle of the Development 7.6 The site is located on Queens Promenade. The Area Plan for the East designates the area as being Mixed Use. Therefore, the proposal of Class 3.4 is considered acceptable.
Character and Appearance of the Area 7.7 As mentioned in section 7.3 it is considered that there is no negative impact on the character and appearance of the area.
User Amenities 7.8 Douglas Borough Council has no objection to the previous application. Since the bin storage solution is identical to the current application, it is considered that the refuse storage provision is acceptable.
7.9 There are four proposed flats. Flat 1-3 has a living room on the front elevation. Flat 4 has an open plan and retractable balcony/rooflight. The front elevation is facing the Promenade, which is considered the primary outlook. Therefore, the outlooks of the four flats are considered acceptable.
Neighbouring Amenities 7.10 The proposal is within a mixed-use area and the proposed residential use will not generate more noise than the existing business and residence nearby so the impact on neighbours is considered acceptable.
7.11 The proposed two-storey rear extension would still fail the "45 Degree Approach". However, the reduction in height compared to the previous application has reduced the additional overshadowing to a minimum. Considering the most affected window is the bathroom window on the second floor, a small reduction in outlook is considered acceptable.
Traffic and Parking 7.12 There is no specific parking to be allocated for this development. Whilst there is undoubtedly pressure on kerbside parking in the vicinity, Highway Services have confirmed that they have no objection, so the impact on parking is considered acceptable.
Office 7.13 It is considered that there is no negative impact on neighbouring amenities, traffic or parking created by the proposed office in the basement.
8.0 CONCLUSION
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8.1 The proposal is considered to comply with General Policy 2, Environment Policy 35, Housing Policy 17 and Transport Policy 7 of the Strategic Plan and Planning Policy Statement 1/01. Therefore, it is recommended for an approval.
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 decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 29.07.2022
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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