**Document:** Officer Planning Report 10/00214/B **Application:** 10/00214/B — Conversion of building to provide three residential apartments **Decision:** Permitted **Decision Date:** 2010-05-10 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/35829-braddan-44-demesne-conversion/documents/1179220 --- # Officer Planning Report 10/00214/B **Application No.:** ** 10/00214/B ** **Applicant:** ** Westport Enterprises Ltd ** **Proposal:** ** Conversion of building to provide three residential apartments ** **Site Address:** ** 44 Demesne Road Douglas Isle Of Man IM1 3DY ### Considerations **Case Officer:** Mrs Jade Craig ** **Photo Taken:** ** 23.04.2010 ** **Site Visit:** ** 23.04.2010 ** **Expected Decision Level:** ** Senior Planning Officer ### Written Representations ### Consultations **Consultee:** Highways Division **Notes:** do not oppose: **Consultee:** Douglas Corporation **Notes:** **Consultee:** Director Of Environment **Notes:** no objection **Consultee:** Manx Electricity Authority **Notes:** see note 2 ### Officer's Report #### The Site The application site comprises the curtilage of 44 Demesne Road in Douglas. The existing property is located on the end of a Victorian terrace and contains 2 flats over four floors. #### The Proposal Proposed are alterations to convert the building into 3 flats. #### Planning History The following previous planning applications are considered relevant in the assessment and determination of this application; 43261 Conversion of premises to 5 self contained flats - Permitted 1976 for 4 flats This approval was not implemented 50728 Create self contained flat on second and third floors and retain ground and first floors as private occupation of the owner - Permitted 1979 This was implemented and the building currently contains 2 flats in accordance with this approval 04/01186/B Change of use from holiday flat to residential - Refused 07/12/04 Reasons for Refusal - 1. There is not in the submitted application sufficient information to establish clearly which part of the building is the subject of the change or what the use and layout of the remainder are. 2. In any case, in the absence of any on-site parking provision, the development would increase pressure on on-street parking in an area where parking space is at a premium. This application is somewhat confusing as there was no previous application or evidence to say that a flat was being used as tourist accommodation ## Development Plan Policies In terms of local plan policy, the application site is located within an area designated as "Predominantly Residential" under the Douglas Central Local Plan 1998. The site is located within the Woodbourne Road Conservation Area. The Isle of Man Strategic Plan 2007 contains policies and paragraphs which are considered material to the assessment of this current planning application; General Policy 2; "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; (1) 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." Environment Policy 35; 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. 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. 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. Transport Policy 7; The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. Appendix 7; A.7.1 High levels of car ownership have led to an increase in the level of parking expected for new 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, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, 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; - (c) any restriction on the nature of the occupancy (such as sheltered housing); and - (d) the impact on the character and appearance of the surrounding area. Where new dwellings are created by the conversion of existing buildings, parking space should be formed by the clearance of outbuildings and low-grade annexes or "outlets" if it is reasonable and practicable so to do; however, 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. #### A.7.6 Parking Standards ##### Type of Development - Car Parking Standard - Apartments - 1 space for 1 bedroom; 2 spaces for 2 or more bedrooms - Town centre and brownfield residential development - Typical residential standard may be relaxed in accordance with paragraph A.7.1 above. These standards may be relaxed where development: - (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or - (b) would result in the preservation of a sensitive streetscape; or - (c) is otherwise of benefit to the character of a Conservation Area. - (d) 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. #### Representations The Department of Transport Highways Division do not oppose the application although they do state that Demesne Road is heavily congested. They note that although the Isle of Man Strategic Plan 2007 requires a minimum of 1 off street parking space per apartment, the number of bedrooms in the property will be reduced slightly in this proposal. Standard comments have been received from the Manx Electricity Authority who state that the applicant should contact the M.E.A. Planning Department in order to discuss the electrical supply for this application. Standard comments have been received from the Environment, Safety & Health Directorate of the Department of Local Government and the Environment who state that after completion of the proposed works and prior to any of the flats being occupied, they must comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same regulations. #### Assessment The principal issues in assessing this application are: - a) Residential amenity - b) Impact on the Conservation Area - c) Parking provision ##### a) Residential amenity Planning Circular 2/88 The Conversion of Buildings into Flats states that; "The size, layout, occupancy, etc. of flats are controlled by the Housing (Flats) Regulations. 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. The property currently contains 2 self-contained flats and this proposal is to create 1 further flat. The existing 3 bedroom flat on the top two floors would be retained and the existing 5 bedroom flat on the ground and first floors would be split into two self-contained flats, one per floor. The ground floor flat would contain 1 bedroom, the first floor flat would contain 2 bedrooms. The two lower flats would share a common entrance through the front door on Demesne Road and the upper flat would retain its current entrance which is accessed from the rear lane and up an external staircase in the rear yard. In terms of the layout of the flats, the principal rooms would generally have a pleasant outlook. No flat would be contained entirely within the rear outlet of the property and each would have a living room occupying the front room overlooking Demesne Road with a south eastern aspect. The only flat which may be of some concern is that on the ground floor, which would have the bedroom, bathroom and kitchen windows looking out to the rear yard and a further kitchen window looking out onto the rear lane. From visiting the site it was clear to see that the other properties in the terrace also have rooms with windows looking out into the rear yards and onto the back lane. The existing floor plan also shows that the ground floor kitchen and bedroom currently have windows in this position and the existing bathroom is an internal room, so the proposals are judged to be an improvement on this. A small amount of external space is provided by the front garden and rear yard. The rear yard has access from the rear lane and leaves a small amount of space for clothes-drying, refuse storage and general amenity. It is considered that the residential environments of the proposed flats are acceptable. b) Impact on the Conservation Area The property is located on the edge of the Woodbourne Road Conservation Area. As there are no proposed alterations to the exterior of the building, there will be no visual impact on the Conservation Area. However, the Woodbourne Road Conservation Area Character Appraisal (1st September 2003) states that the heavy traffic and on-street parking is a problem which detracts from the quality of the area. There is currently no off-street parking associated with this property and there are 2 flats containing a total of 8 bedrooms. Although this proposal would increase the number of flats to 3 , the total number of bedrooms would be reduced to 6 . Therefore, I do not feel that the proposal will have an impact on the traffic in the Conservation Area. c) Parking provision Due to the constraints of the site, there is currently no on-site parking and none is proposed to be provided as part of this application. When on site during the daytime, it was noted that the parking along Demesne Road was fairly congested and care should be taken not to create additional demand for on-street parking, which would result in more traffic problems. For the existing flats, the required parking standards in the Isle of Man Strategic Plan 2007 would be for 2 spaces for the lower flat and 2 spaces for the upper. Taking this proposal into account, 1 parking space would be needed for the ground floor flat, 2 spaces would be needed for the first floor flat and 2 spaces would be needed for the second and third floor flat, resulting in 1 additional space than what would currently be required. The Strategic Plan states that these parking standards may be relaxed where development; - (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or - (b) would result in the preservation of a sensitive streetscape; or - (c) is otherwise of benefit to the character of a Conservation Area. - (d) 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. On balance, I consider that this application agrees with d) in that it will not result in unacceptable on street parking, largely due to the close proximity to town centre amenities and bus routes. This view also takes into account that this proposal will reduce the overall number of bedrooms within the property. **RECOMMENDATION** For the above reasons the proposal is considered to be acceptable and it is recommended that the planning application be permitted subject to conditions. ## **PARTY STATUS** The Department of Transport Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 28.04.2010 **Conditions and Notes for Approval / Reasons and Notes for Refusal** - C : Conditions for approval - N : Notes attached to conditions - R : Reasons for refusal - O : Notes attached to refusals ## **C 1.** The development hereby permitted shall commence before the expiration of four years from the date of this notice. ## **C 2.** This approval relates to the conversion of 44 Demesne Road to provide 3 residential apartments as shown in plans numbered 317/1/1, 317/1/2, 317/1/3 and 317/1/4, date stamped the 18th February 2010. I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. **Decision Made:** Permitted **Date:** ______________________ **Signed:** ______________________ Senior Planning Officer 28 April 2010 28 April 2010 --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/35829-braddan-44-demesne-conversion/documents/1179220*