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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00656/B Applicant : Mr & Mrs Charles & Susan Jane Alexander Proposal : Conversion of lower ground floor residential area to self- contained apartment with additional tourist use & longer term lets Site Address : Tremasare Lodge Blackberry Lane Douglas Isle Of Man IM2 4PD
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.07.2022 __
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. The self-contained apartment hereby approved shall only be occupied as rental accommodation with additional tourist use and longer term lets, and shall not be sold off separately.
Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
C 3. The parking area designated as being reserved for the new apartment within the curtilage of the dwelling and shown on Drawing No. 1629.2, shall not be used for any other purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times unless otherwise approved in writing by the Department.
Reason: To ensure that sufficient provision is made for off-street parking for the new self- contained apartment in the interest of highway safety.
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This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2, Transport Policy 7, Housing Policy 17 and Business Policy 13 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to the Photograph, Location Plan, Drawing Nos. 1629.1 and 1629.2 received 17 May 2022. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is the residential curtilage of Tremasare Lodge, Blackberry Lane Douglas, a residential property located on the west of Blackberry Lane. The dwelling is set over four storeys with the front elevation appearing as a two storey dwelling. The split level appearance is more apparent from the rear (west) and side (south) elevations.
1.2 The existing lower ground floor layout accommodates a storage room, plant room (which houses the boiler), a hallway, a smaller storage room, a bedroom, and a lounge/kitchen area. There is access via a rear door to a wine cellar. No direct access exists to connect the lower ground floor to the broader site area, as access is only via the ground floor.
1.3 The property shares its driveway which is connected to Blackberry Lane and situated close to its junction with Summer Hill with another property 'Cedar Lodge' which is situated southeast of the application property and has its driveway branching of the driveway to Tresmasare Lodge. Tremasare Lodge can comfortably accommodate 7 parking spaces within its curtilage.
2.0 THE PROPOSAL 2.1 The proposal seeks planning approval for conversion of lower ground floor residential area to self-contained apartment with additional tourist use & longer term lets.
2.2 The works to convert the lower ground floor residential area to a self-contained apartment would include: i. Removing an existing window & wall below the aperture on the south elevation of the lower ground floor area to room current serving the lounge/kitchen and installing a new external timber glazed entrance door to serve as principal access to the new apartment.
ii. Locally trim existing garden level around the new entrance area and build metal platform to bridge existing moat & create a landing area to access the new door with balustrade to guard sides.
iii. Creating a new partition within hallway to separate the existing plant room and larger storage room from the new apartment, with the existing stairs within the hallway and serving the upper floors separated from the new apartment by the partition.
2.3 The scheme would involve other internal alterations to create a lounge and kitchen area, a shower room, and a new bedroom, with the existing section of the hallway within the new apartment serving as link to the wine cellar at the rear (a one bedroom self-contained
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apartment). A new stairway with balustrade would be created within the lounge/kitchen area to connect the apartment to the new access bridge.
2.4 The existing single parking apron situated on the eastern elevation of the property and by the side garden, and the side garden would serve the new apartment.
2.5 The applicants have indicated on the application form that will not disturb the existing trees and shrubs on site.
2.6 The other element of the proposal would involve the additional tourist use & longer term lets of the new apartment.
3.0 PLANNING POLICY 3.1 In terms of local policy, the site lies within an area designated as Predominantly Residential on the Area Plan for the East, and the site is not within a Conservation Area. Part of the northern and southern sections of the site is within areas considered to have a Low Likelihood Surface Water Flood Risk, although the site of the proposed development is not prone to flood risks. The site is not within a Registered tree area and there are no registered trees on site.
3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
3.3 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: (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; (j) can be provided with all necessary services."
3.4 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." 3.4.1 Appendix A.7.6 states typical residential dwelling should have "1 space for 1 bedroom; 2 spaces for 2 or more bedrooms". The same requirement applies to apartments.
3.4.2 Appendix A.7.1: "High levels of car ownership have led to an increase in the level of parking expected for residential development, and outside of town centre locations, these standards should not be relaxed. New-built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling ... the Department will consider reducing this requirement having regard to: (a) the location of the housing relative to public transport, employment, and public amenities; (b) the size of the dwelling; (d) the impact on the character and appearance of the surrounding area."
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3.5 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.
3.6 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".
3.7 Housing Policy 17: 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.
3.8 Paragraph 9.5.8 and Business Policy 13 set out a general presumption in support of additional use of private residential properties for tourist accommodation provided it does not compromise the amenity of neighbours.
3.9 Community Policies 7, 10 and 11 provide guidance in respect of minimising criminal activity and reducing spread of fire.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Isle of Man Non-Serviced Accommodation Futures - Final Report 4.1.1 Planning Policy Recommendations
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"In terms of defining what is meant by 'overriding national need', we have suggested a number of tests or criteria that could be considered in terms of: o Extending the season/attracting visitors outside the main May-September period; o Serving and helping attract target markets - accommodation aimed at families, empty- nesters, walkers, cyclists etc.; o Securing and attracting investment from both Island and off-island developers and investors - with developers signed up; o Showing 'additionality' in terms of providing something not already offered on the Island; meeting an identified gap in supply; attracting new markets rather than diluting existing ones; or bringing an established national or international brand name to the Island and all that brings with it in terms of profile, customer databases, and the ability to drive new demand through marketing, central reservations and customer loyalty schemes; o High quality, distinctive accommodation provision; o Spreading tourism activity and benefit geographically across the Island; o Encouraging longer stays and greater visitor spend as a result; o Inclusivity and contributing to the health and well-being agenda, e.g. the provision of accessible accommodation, provision for outdoor activities, accommodation that helps connect with nature; o Environmental sustainability in terms of eco-friendly accommodation development that respects, protects and enhances the Island's landscape and natural environment and develops its reputation as a sustainable tourism destination".
4.2 IOM Destination Management Plan 2016-2020 4.2.1 Part 3: How do we get there? "This section of the DMP provides a summary of the Strategic Objectives and Programme of Activity that will be undertaken for the period 2016 - 2020. The Strategic Objectives are based on evidence and research that has been reported and commissioned over the past two years by Isle of Man Tourism. They cover the 5 key aspects of development for the Visitor Economy up to 2020 and will be supported by annual Operational and Marketing Plans showing each year's work in more detail".
"d) Championing new investment and product development. OBJECTIVE: Develop and create new products and experiences that the defined target markets will enjoy at different times of the year. This will help to achieve growth in the market areas as well as achieve a longer tourism season".
5.0 PLANNING HISTORY 5.1 The application site has been the subject of six previous planning applications one of which is considered to be materially relevant to the current application.
5.2 PA 21/00137/B for replacement of existing garage / store, erection of replacement building to create ancillary living accommodation and the additional use for tourist accommodation was approved in October 2021. Condition 3 of that approval states thus: C3. "The replacement one-bedroom flat can only be used as ancillary accommodation to Tremesare Lodge and/or tourist accommodation. The flat cannot be rented out or sold separately from the entire estate. Reason: Any changes outside the approved use would require a separate planning approval". 5.3 The current scheme would increase the number of self-contained one-bedroom units on the site to two.
6.0 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 27 May 2022.
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6.2 Douglas Borough Council has no objection to this application (7 June 2022).
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider with the current application are: i. the principle of development, ii. potential visual impact upon the area, iii. the potential impact upon neighbouring amenities, iv. potential impact upon highway safety and parking, v. Potential amenities for future occupants
7.2 The principle 7.2.1 In assessing the principle of the proposed development, it is considered that the scheme has two main elements; converting part of the property to an apartment and the additional use of the property for tourist use and longer term lets. The current use of the property is residential and as such the principle of converting the lower ground floor to a self- contained apartment would be compliant with the Strategic Plan. It is well articulated within Paragraphs 8.13.1 to 8.13.3 of the Strategic Plan that the conversion of part or all of substantial buildings (particularly in Douglas), 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 into flats would be encouraged.
7.2.2 Granting the works would not involve converting the entire building, the use of the lower ground floor area which previously existed as part of the larger dwelling to create a new apartment will be well-suited to the requirements of these paragraphs.
7.2.3 Housing policy 17 also reinforces these principles by stating that the conversion of buildings into flats will generally be permitted in residential areas provided that they meet certain requirements bordering on outlook, amenity and parking. As this large property is situated in a residential area, it is considered that the principle of converting the lower ground floor area would be acceptable. The elements which relate to parking, amenity and outlook would, however, be accessed within later sections of this report.
7.2.4 With regard to the acceptability of the tourist use of the new apartment, it is also important to note that there is clear support for the use of residential properties for tourist use. In fact, Business Policy 13 set out a general presumption in support of additional use of private residential properties for tourist accommodation provided it does not compromise the amenity of neighbours.
7.2.5 Further to the Strategic Plan policies, the existing Tourism strategies and documents for the Island are clear in their support for the use of existing residential accommodation for tourist uses, as they seek to maximise the potential benefits of an expansion on non-serviced accommodation on the Island. This is particularly important for the types of non-serviced accommodation identified as being in short supply, including those that cater for families which the self-contained apartment would serve to represent. Therefore, it is considered that the scheme as proposed aligns with the tourism strategies for the Island. Besides, the new apartment would comfortably exist as a non-serviced accommodation without impacting on the residential use of the main dwelling since it has its own parking and garden areas. Moreover, the site is within a sustainable area, immediately adjacent to shops, services and public transport links. Accordingly, in terms of the principle of the building being used for tourisml purposes there are no objections. This is not an automatic reason to allow the application and all other matters need to be addressed also.
7.3 Visual Impact
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7.3.1 With regard to the visual impact of the development, it is considered that the external alterations to the dwelling are minimal and at the rear the building which is well screened from public views. While the alteration to create the new door and access bridge will represent a change in appearance of the rear elevation, the change would respect the site and surroundings in terms of its siting, scale, form, and design, and would not have a detrimental impacts on the character of the existing dwelling or locality. This aspect is deemed to be an acceptable and complies with General Policy 2 of the Strategic Plan.
7.4 Potential impact upon neighbouring amenities 7.4.1 The works to replace the existing window with a new timber door on the southwest elevation of the dwelling is not considered to create any impacts on neighbours as it is a glassed opening (window) would be replaced by a solid door. Besides, the rear elevation of the dwelling is completely screened by the mature landscaping within the rear garden and the wooden area that completely encloses the entire eastern, southern and western boundaries of the site. As such, it is not considered that the alterations would have any impacts on neighbours.
7.4.2 The use of the of the lower ground floor as self-contained apartment with additional tourist use and longer term lets is also not considered to have adverse impacts on neighbouring dwellings. This is hinged on the fact that the separating distance between the new apartment, which is well contained within the site is about 47.2m from Summer Rise, and 54.2m from Cedar Lodge (the nearest properties). As well, the property is provided with sufficient number of parking spaces, both for the main dwelling and the apartment/tourist accommodation itself, and would not in any way affect access to the site or parking provisions in the area. Therefore, the possibility for adverse impacts on parking or access to the area is minimal and is considered acceptable.
7.4.3 With regard to noise issues or other matters related to the increased occupancy of the site, it is important to note that it is difficult to assess how an individual person would behave whether they be a tourist or permanent resident. As a tourist, a person may be out a lot of the time, but may also have greater late nights and be disruptive on return. Both tourist and residents have incentives for organising gatherings which can easily be carried out till late night. In general terms, however, with a unit of this size, it is not considered that the any associated general disturbance would raise concerns. Besides, the grounds within which the property is located is large and well detached from the neighbours, with the existing trees and mature landscaping on site and along the site boundary serving as buffers between the occupants of the property and the neighbours. Therefore, it is unlikely that the proposed additional tourist use of the new apartment would have significant adverse impacts upon the living conditions of the neighbouring properties.
7.5 potential impact upon highway safety and parking 7.5.1 As has been noted in section 7.4 above, the site is provided with sufficient parking with the available parking provision more than is required for the residential use of the main dwelling and new apartment. Additionally, the site is within close proximity to primary public transportation links within Douglas. Therefore, it is considered that the proposed complies with the provisions within the strategic plan in Appendix 7 and Transport Policy 7.
7.5.2 It is also important to note that there are also local services and employment opportunities within close proximity to the site to encourage pedestrian movement amongst the above. As well, Highways have accessed the proposal and stated that the development has been found to have no significant negative impact upon the highway safety, network functionality or parking.
7.5.3 Overall, given the issues highlighted above, it is considered that the proposal would not significantly effect on-street parking in the locality or highway safety, and is compliant with the requirements of GP2 (h & i), and Transport Policy 7 of the Strategic Plan.
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7.6 Adequacy of Amenity Provisions 7.6.1 With regard to the amenity space provisions for the new apartment, it is considered that the lounge/kitchen, bedroom room, and bathroom are positioned such that they are afforded views out with clear and pleasant outlook. There is also provided adequate amount of space within the apartment suitable for the required number of occupants. Additionally, the apartment is large enough to accommodate a lounge/kitchen, bath room and bedroom, and there is sufficient outdoor amenity space provided, besides the other garden areas which would be available to the residents. Furthermore, there is ease of level access to good public open space that would provide an added degree of amenity provision in the area, namely Douglas promenade and the beach and other leisure areas off the promenade. The bin storage provision which serves the existing dwelling would also be accessible for use by occupants of the apartment. Overall, it is considered the proposal would comply with Housing Policy 17 and Paragraphs 8.13.1 to 8.13.3 of the Strategic Plan.
7.6 Other Matters 7.6.1 No new confined spaces with easy access to those outside the site would be created, which would serve as easy hideouts for criminal activity or antisocial behaviour. The proposal would also not alter access into the site for fire-fighting vehicles should they be required. As such, it is considered that these elements of the scheme aligns with the requirements of Community Policies 7 and 10.
7.6.2 No other concerns have been noted.
8.0 Conclusion 8.1 In summary, the proposal would enable the effective use of an existing large building which is located within a prominent location within Douglas to provide new housing which is supported by Housing Policy 17. Whilst the proposal would generate some level of vehicular movement and parking requirement in the area, the available off street parking spaces within the site would be sufficient for the existing and proposed use of the site with the scheme complying with General Policy 2 and Transport Policy 7.
8.2 The use of the apartment for tourist use would also increase the offerings for tourist accommodation targeted at families which aligns with the Strategic Plan objectives and the Islands Tourism targets. Therefore, it is considered the proposal would meet the requirements of Business Policy 13.
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 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
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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: 15.07.2022
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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