**Document:** Officer Planning Report Recommendation
**Application:** 08/01764/B — Change of use from a shop with living accommodation to a dwelling and the erection of extension to rear elevation (Amended proposal description)
**Decision:** Permitted
**Decision Date:** 2009-02-20
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/62290-braddan-15-north-extension-dwelling/documents/1369065

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# Officer Planning Report Recommendation

## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export]

### Officer's Report

#### The Site

The application site represents the curtilage of an existing property at 15 North Quay in Douglas. To the east of the site is No.16 North Quay and to the west is No.14 North Quay. The site is located within a Conservation Area.

#### Planning Status

The application site is within an area recognised as being Mixed use, in particular "Town Centre", under the Douglas Central Local Plan, which was adopted by Tynwald in 1998. The Isle of Man

Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application. 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:

- (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;
- (l) 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 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".

### Planning History

The following previous planning applications are considered relevant in the assessment and determination of this application:

Case - PA 94/01150/C Change of use to retail sale of hot food – Approved at Appeal

Case - PA 96/00242/A Approval in principle for conversion to offices ground and first floors, with living accommodation on second and third floors– Refused

Case - PA 96/00529/A Approval in principle for conversion of existing property to retail ground floor, office accommodation first floor, and living accommodation second and third floors – Permitted

Case - PA 05/02012/B Creation of three apartments, alterations to existing shop and shop front to include use of basement to retail and erection of extension to rear to provide lobby – Refused

Case - PA 06/00369/B

Creation of three apartments, alterations to existing shop and shop front to include basement as retail, erection of rear lobby extension and installation of rear roof dormer (Re-submission) – Permitted

### The Proposal

The proposed application seeks approval for a four storey extension to the existing property at 15 North Quay. This would involve extending the existing extension to the rear ground floor to create a 4.2m x 5m extension on all the floors to create additional living accommodation. It would have uPVC windows, slate roof and render to match existing. The application is also proposing a change of use of a shop within living accommodation to dwelling.

### Representations

The Department of Transport Highways Division do not oppose this development.

The Douglas Corporation have no objection with the proposed development.

Drainage Services of Douglas Corporation has no objection in principle, subjected that the surface and foul water drainage from the new extension must be separate, accessible and combine at the curtilage boundary at the rear of the property. Details of the drainage layout must be provided to the Borough of Douglas Drainage Department for approval, prior to any work commencing on site. The Drainage layout must comply with The Department of Transport’s Drainage Division’s requirements.

### Assessment

The application site is identified as the Town Centre under the Douglas Local Plan. Given the nature of the proposed development it is therefore appropriate to assess the proposal against the two policies identified earlier within the report (i.e. General Policy 2 and Environment Policy 35 of Isle of Man Strategic Plan 2007).

The proposed application respects the site and surroundings in terms of the scale, form, and design. The size of the proposal is appropriately scaled to fit within the sites boundary, with the reduction of windows to the rear and with matching materials and finishing’s this creates a more attractive living accommodation.

The proposed extension would not be readily visible from North Quay. The proposal will have a neutral affect on the character and appearance of the Conservation Area.

In respect of the impact on No.16 North Quay, the application site is set to the west of the neighbouring property. The ground floor of the property is in commercial use; while, the upper floors of the building are in a residential use. The nearest windows to the boundary of the application site which serve a stairway within the flat. These are non-habitable areas within the flat. The proposed building will be project 4m beyond the rear elevation of No.16 North Quay. It is considered the proposal will not result in any overshadowing, loss of light and visual intrusion.

In respect of the No.14 North Quay, the application site is set to the east of the neighbouring property. The ground floor of the property is in commercial use; while, the upper floors of the building are in a residential use. There are a couple of windows on the rear elevation which serve non-habitable rooms. It is considered the impact on No.14 North Quay to be minimal.

In respect of the proposed use, the property is currently a shop at ground floor level with living accommodation above. The proposal is to change the use of the property into a dwelling. The site is zoned as mixed use and therefore a residential use would appear to be acceptable and would contribute to the viability and vitality of the area. The building is residential in appearance. It is considered the proposed change of use to be acceptable.

## Recommendation

For these reasons the proposal is considered acceptable and it is recommended that the planning application 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:

- The Department of Transport Highways Division
- Douglas Corporation

Accordingly the following parties are not afforded interested party status: Mr Jessop of Seacliffe, Old Castletown Road, Port Soderick

### Recommendation

**Recommended Decision:** Permitted

**Date of Recommendation:** 18.02.2009

### 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 permission relates to the change of use from a shop with living accommodation to a dwelling and the erection of a rear extension as shown in drawings numbers PL 01 A and PL 02 received on 11th September 2008.

C 3. No facing material shall be used other than materials similar to those used on the existing building.

I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer), GC 55/08 for Advertisements and 69/08 for Registered Buildings.

**Decision Made:** Permitted
**Date:** 17/2/09

Signed : [Handwritten signature] Acting Senior Planning Officer

Signed : [Handwritten signature] Acting Senior Planning Officer

18 February 2009

18 February 2009

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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/62290-braddan-15-north-extension-dwelling/documents/1369065*
