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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/01541/B Applicant : Fistard Property Investments Ltd Proposal : Alterations to commercial building - change the use of upper floors to residential (class 3.3) with installation of external staircase on rear elevation Site Address : Asahi House 10 Church Road Port Erin Isle Of Man IM9 6AQ

Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 23.02.2023 __

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. The proposed development has been designed to comply with Housing Policy 4, 17, Environmental Policy 35 and General Policy 2 of the Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to drawing and supporting information submitted on 20 December 2022, referenced; 1651.1, 1651.2 __

Interested Person Status - Additional Persons

None __

Officer’s Report

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1.0 THE SITE 1.1 The application site is the curtilage of Asahi House 10 Church Road Port Erin. The property sits to the south of the highway within a terrace of four properties. The property is characterised as three storeys high with an active street scene where the ground floor is utilised for a mix of retail and the upper floors as office space.

2.0 THE PROPOSAL 2.1 Proposed is the installation of a rear staircase off the rear elevation and the alteration of the use of the upper floors from offices to residential.

2.2 The submitted floorplans would indicate there to be little in the way of internal modification to the layout and show the ground floor is to remain as retail and the upper two floors converted to provide a single residential flat, where the first floor is the lounge kitchen and utility room with a modified window to a door on the rear elevation and the upper floor seeing the creation of three bedrooms and a bathroom.

2.3 To facilitate the above a first floor landing is to be created 2.5m x 1.9m and the removal of a window and wall below to install a doorway leading out onto this aforementioned landing and new metal staircase that would provide access to the rear yard. Access to the flat would be retained from the front elevation ground floor.

2.4 The applicants note in their supporting letter; there has been a general decline for office space and an increased demand for residential.

3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is within an area recognised as being 'Mixed Use' under the Area Plan for the South 2013 Map 7 Port Erin / Port St Mary. The site is further identified as sitting within a 'Proposed Conservation Area'.

3.2 Furthermore there are no trees affected by the proposal and the site is not identified as being at flood risk.

3.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;

o General Policy 2 o Housing Policy 17 o Housing Policy 4 o Transport Policy 7 o Environment Policy 35

3.5 Some of the supporting text to HP17 at paragraph 8.13.4: "In recent years, interest has grown in the development of residential dwellings from redundant commercial space, primarily above shops... The Department generally supports the conversion of redundant storage space above shops (which are often outside of residential areas), into residential development unless the occupants would suffer adverse noise, general disturbance or loss of residential amenity from other land uses."

4.0 PLANNING HISTORY 4.1 None.

5.0 REPRESENTATIONS 5.1 Port Erin Commissioners (11.01.223) No Objection 5.2 Highways Services (13.01.23) No objection

6.0 ASSESSMENT

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The fundamental issues to consider in the assessment of this planning application are; (i) Principle of Conversion (HP4) (ii) Impact of the Proposal (HP17) (EP35) (GP2) (iii) Parking Provision (TP7)

(i) Principle 6.1 The starting point here is the conversion of the upper floors to residential where the site is within an existing town and the use of the principle of the use of the upper floors would be acceptable and would not be seen as incompatible with the surrounding street scene or their uses of the ground floors or upper floors. As such the principle is deemed in accordance with HP4.

(ii) Impact of the Proposal 6.2 The most applicable policy in the determination of this planning application are contained within the guidance of Housing Policy 17, which requires new "dwellings" provided through a building's conversion to have a clear outlook, adequate amenity space and car parking where practical.

6.3 To the front (Church Road) elevation there are no proposals to alter the facades of the building or amend the existing window configurations or sizes or replacement windows, the impact on the street scene or that of the character of the conservation area would be minimal, posing little to no visual harm in accordance with EP35.

6.4 Internally, the flat would be large enough to accommodate the usual arrangement of rooms for habitation across the upper two floors. There would appear to be adequate space to allow for the drying of clothes within the flat. The living environment of the proposed flat is deemed to be acceptable and would also benefit from a staircase to all floors that is accessed from the front street scene and a refuse or waste collection point at the rear of the property with bicycle parking. Being with the town centre development there is no outdoor amenity space provided. However there is ease of level access to good public open space that would provide a degree of respite from the activity in the immediate area.

6.5 The proposed installation of an external rear staircase within the rear yard area and the alteration of a window to a door at first floor level and the creation of a landing would not be seen from the street scene at the front and would not be considered to have any detrimental upon the character of the building. The staircase would be used in conjunction with the residential use of the upper floors of the property and is not considered to be detrimental to the surrounding area or on the property itself. In terms of any loss of amenity to the neighbours at the rear from the creation of a landing at first floor level, the outlook would be of the rear of those properties fronting onto Station Road.

6.6 Having visited the site, it was observed the rear elevations of those properties of Station Road are varied and do not offer any inter visibility. It was further noted the existence of flat roof terraces on the rear of the properties and the use of galvanised framework and railings for staircases to the properties in the existing rears and either side of the application site. As such the installation of the rear staircase and landing would not be introducing an incongruous feature and would be appropriate in this instance.

6.7 The current bin provision has been accommodated within the rear yard are (to be shared with the ground floor retail unit) and the provision for cycle storage has been included and has been and welcomed by the highways authority.

(iii) Parking Provision 6.8 The site provides no parking on site and Transport Policy 7 requires 2 parking spaces for 2 or more bedrooms. Provision is allowed within the strategic plan in Appendix 7, Parking standards, A.7.1 which says "however, in general, the need to find a use for redundant

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buildings which are in sound condition will outweigh the drawback of any shortfall in parking provision". The application site is amongst the most sustainable locations on the Island and so an objection on grounds of a lack of parking is not considered significant enough to warrant a refusal.

7.0 CONCLUSION 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 is recommended for approval.

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: 24.02.2023

Determining officer Signed : C BALMER

Chris Balmer

Principal Planner

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