**Document:** Officer Planning Report Recommendation
**Application:** 10/00062/B — Conversion of dwelling into four self contained apartments
**Decision:** Permitted
**Decision Date:** 2010-03-16
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/35725-braddan-31-hutchinson-conversion-dwelling/documents/1346206

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# Officer Planning Report Recommendation

**Application No.:** 10/00062/B
**Applicant:** Mr & Mrs Darryl Williams
**Proposal:** Conversion of dwelling into four self contained apartments
**Site Address:** 31 Hutchinson Square Douglas Isle Of Man IM2 4HW Considerations Case Officer: Mr Gary Barr
**Expected Decision Level:** Senior Planning Officer Written Representations 17 Princes Road Douglas Isle Of Man IM2 4HX Objects to the proposal Consultations Consultee: Chief Environmental Health Officer Notes: Comment received Consultee: Manx Electricity Authority Notes: Comments received Consultee: Highways Division Notes: Do not oppose Consultee: Douglas Corporation Notes: No objection

## Officer's Report

THE SITE The application site represents the residential curtilage of 31 Hutchinson Square which is an existing mid terrace dwelling situated at the centre of the north eastern side of the Square which leads off Ballaquale Road in Douglas. This large townhouse, comprises a three storey pitched roof dwelling with parking to the rear.

THE PROPOSAL The proposed planning application is seeking approval for the conversion of the existing private residence into four self contained apartments. There would be no alterations to the front elevation and minor works to the rear to create two off street parking spaces. There have been some minor 10 March 2010 10/00062/B Page 1 of 5

amendments from the previous refusal - PA 09/01772/B; the main entrance is from Hutchinson Square; the first floor bedroom window has been amended to a reduced fixed light window above the refuse area and there are some slight alterations internally.

## Planning Status

The application site is located within the Ballaquale Road Conservation Area in Douglas which is zoned as an area of "Residential Use" under the Douglas North Local Plan adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, Environment Policy 35 is considered relevant to this proposal and 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".

General Policy 2 is also considered relevant and 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;
- (I) 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."

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".

### Planning History

The following previous planning application should be considered in the assessment of the current planning application:

The application was refused as adequate levels of general amenity and personal safety of the future occupiers of flats 2, 3 and 4 could not be provided to an acceptable level. As the access was located to the rear of the building; the rear lane having an uneven surface; with no street lighting; with refuse bins located along the entire rear lane; with no pavement; close proximity of refuse area (to apartment 2) and with the application site approximately 60 m from the nearest public thoroughfare.

## Representations

Douglas Corporation has not commented on the proposed development. The Department of Transport Highways Division do not oppose as it has no traffic management, parking or road safety implications. It has been noted that this although a heavily congested area the applicant has created 2 off street parking spaces to assist with the parking problems.

Chief Environmental Health Officer has commented that the proposed flats/apartments must, on completion of the intended works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations prior to any of the flats being occupied. The Regulations are enforced by local authorities throughout the Island (with the exception of Onchan) and Environmental Health Officers from this Department act as their agents and authorised officers. Accordingly, they carry out inspections of new flats on their behalf in order to ensure compliance with the requirements of the Regulations, and prior to registration being granted.

Manx Electricity Authority has commented with their standard reply notes for planning applications in regards to the proposed works located next to underground and overhead lines and the applicant must contact the Electricity Authority to discuss working practices around the cables and lines.

The owner and / or occupier of 17 Princes Road, Douglas has objected to the proposed development and their comments are summarised as follows:

-  The rear service lane is a dead end and there is no turning places
-  Vehicles would not be able to turn within the lane without using the Drives of Princes Road
-  Potential noise and nuisance levels, particularly at night is very concerning
-  Would not like to see a precedent set by allowing parking at the rear of Hutchison Square

### Assessment

In assessing the current application it is appropriate to assess whether the previous reason for refusal has been addressed (which centred on the general amenity and personal safety of future occupiers of flats 2,3 and 4 - as a result of the access being located to the rear of the building).

It is judged that the proposed development does address the previous reason for refusal in that the principle entrance to each apartment would be sited on the front elevation of the property facing Hutchinson Square. This protects the general amenity and personal safety of future occupiers of the apartments as it provides tenets with a safe and convenient access, which is judged to be acceptable.

In the previous refusal there was also a concern regarding the close proximity of the rear entrance and the rear refuse area to apartment 2 and in particular to the bedroom of apartment 2 . With the principle entrance re-positioned to the front elevation, this reduces the potential noise from occupiers entering the building. It is acknowledged that the re-positioning of the refuse area is not a practical option due to the constraints of the site; however, the alteration of the bedroom window to a smaller fixed light would be appropriate in this instance. The bedroom would have a further window installed on the side elevation of the outrigger.

In the previous submission it was acknowledged that the proposed apartments would provide occupiers with a pleasant outlook from the principle rooms. With no external alterations to the front

elevation of the dwellinghouse and with the continued use of the property, it is considered that the proposal would preserve the appearance of the building and area, and would ensure that the special features contributing to the character of the Conservation Area are protected.

In terms of the car parking issue, it is also accepted that for a development of this type there would need to be 6 spaces ( 4 spaces =2 two-bedrooms and 2 spaces =2 one-bedroom apartments). As such, the proposal would be contrary to the Isle of Man Parking Standards Paragraph A.7.6. However, as the application site is within a reasonable distance of an existing bus route and the town centre, the parking standards can be relaxed, which in-turn results in the parking standards being acceptable for the proposed conversion. Also the comments from the Department of Transport Highways Division that there would be no traffic management, parking or road safety implications as a result of the application is taken as further evidence that the proposal should not cause undue harm to any road user or pedestrian.

Other It is agreed that there would be a potential increase in noise and nuisance as a result of the development from the coming and goings of vehicles; however, it is considered that two vehicles (which is proposed) would not create excessive noise levels as to warrant a refusal of the application. It is considered that any amenity issues generated by construction vehicles would only be temporary and to refuse the application on this basis would be unjust.

Further advice was sought from the Highways Division regarding future occupiers of 31 Hutchinson Square parking at the rear elevation and whether there would be sufficient space to park their vehicles without the use of the curtilage of the properties of Princes Road. After correspondence (Dated 10th March, 2010) it was agreed that with the service lane approximately 4 m wide and the parking area 5.3 m in length; that there would be sufficient manoeuvring space for a vehicle to park without encroaching onto the properties of Princes Road.

## Recommendation

The proposed development would comply with the relevant policies and it is recommended that the planning application should be permitted.

### Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Douglas Corporation The Department of Transport Highways Division The owner and / or occupier of 17 Princes Road, Douglas Accordingly the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

Chief Environmental Health Officer Manx Electricity Authority

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 10.03.2010

## Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval

N : Notes attached to conditions
R : Reasons for refusal
- : 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 submitted Drawings 011679 PO1, 011679 PO2, 011679 PO3 A, 011679 PO4 and a Planning Statement all received on 19th January, 2010.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted
Date :
Signed :
Senior-Planning-Officer

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*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/35725-braddan-31-hutchinson-conversion-dwelling/documents/1346206*