**Document:** Planning Officer Report 09/01585/R
**Application:** 09/01585/R — Conversion of former guest house into three apartments
**Decision:** Permitted
**Decision Date:** 2009-12-17
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/63821-braddan-48-murrays-conversion-dwelling/documents/1386753

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# Planning Officer Report 09/01585/R

**Application No.:** 09/01585/R
**Applicant:** Mr Robert Edghill
**Proposal:** Conversion of former guest house into three apartments
**Site Address:** 48 Murrays Road Douglas Isle Of Man IM2 3HW ### Considerations Case Officer : Ms Henrietta Hopkins
**Site Visit:** 11.11.2009
**Expected Decision Level:** Senior Planning Officer ### Written Representations 19 Murrays Road Douglas Isle Of Man IM2 3HJ Objects to the proposal ### Consultations Consultee : Highways Division Notes: Do not oppose has no traffic management, parking or road safety implications. Note: The conversion would require 3 off street parking spaces, but due to the location, the use of the existing building these standards have been relaxed. It is important to note that parking is a problem in the area and within Douglas in general, and this should be taken into account in other conversations into apartments. Consultee : Douglas Corporation Notes : no objection. Consultee : Chief Environmental Health Officer Notes: Comments received

### Officer's Report

### The Site

The application site represents the property 48 Murrays Road, Douglas. The property is a terraced dwelling located in an established residential area.

### The Proposal

This retrospective application seeks approval for a change in the use of the property from an original guest house to three independent residential flats. Each floor contains a separate flat. The applicant has also built a small single storey flat roof rear extension. The extension projects 3 metres from the original rear wall, and has a width of 4 metres. The extension is flat roofed to provide a deck above; the height is 2.7 metres. The applicant claims that the proposed works were undertaken 13 years ago in 1995.

## Planning Status

The application site is located within an area identified as 'Predominantly Residential' in the Douglas Local Plan 1998. The Isle of Man Strategic Plan 2007 contains policies which are considered specifically material to the assessment of this current planning application - General Policy 2 and Housing Policy 17.

### General Policy 2 states the following:

"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."

Paragraph 8.12.1 is also considered relevant:

"As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general".

### Housing Policy 17 states the following:

"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 practicable, car-parking;
- (b) the flats created will have a pleasant clear outlook, particularly from the principle 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 property has had one previous planning application submitted which is not considered relevant to the proposed development:

86/00189/B - Use of premises as a residential home - Permitted (1st January 1994)

## Representations

The following written representations have been received:
Douglas Corporation has raised no objection to the proposed development.
The occupiers of 19 Murrays Road have opposed the retrospective planning application on the grounds that there is limited parking in the area and the use will cause an issue with highway safety. They also object on the grounds that it will set a precedent for others to convert their properties. In Demese Road, conversion can only take place now if off road parking is provided. Is it one rule for that area and another rule for here?

The Highway Advisor does not oppose the application as it has no traffic management, parking or road safety implications. The Highways Advisor has pointed out that 3 off-street parking spaces would be required, but due to the location, the use of the existing building, these standards have been relaxed. It is important to note that parking is a problem in this area and within Douglas in general, and this should be taken into account in other conversions into apartments.

Environmental Health Officer states that on completion of the intended works, the development must 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 acting as their agents and authorised officers.

### Assessment

The application site is located within an area of 'Predominantly Residential Use' in the Ramsey Local Plan 1998. Given the nature of the development it is therefore appropriate to assess the proposal against the policies identified earlier within the report (i.e. General Policy 2 and Housing Policy 17 of the Isle of Man Strategic Plan 2007).

Having assessed the development against the above, it is concluded that the extension to the rear is acceptable by reason of its siting, scale, form and design. The extension is considered to sit comfortably in the rear garden and not have a detrimental impact on neighbouring properties. Other properties also have rear extensions projecting to the rear alleyway.

With regard to the issues raised by the occupiers of 19 Murray's House, each application is considered on its own merit (as not all places/houses are identical), and on the situation prevailing at the time of the application. The highway adviser has raised no objection to the proposed development. The level of parking for apartments is set out in Appendix 7 of the Isle of Man Strategic Plan 2007, which states that a parking space should be provided for each bedroom (i.e. 1 space for 1 bedroom; 2 spaces for 2 or more bedrooms). However, the document does go on to state that 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 the impact on the character and appearance of the surrounding area.

The document goes on the further state that the 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 the sensitive streetscape; or c) is otherwise of benefit top 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 reduce level in car parking will not result in unacceptable on street parking in the locality.

The property, subject of this application, is located within a 'Predominantly Residential Area' in Douglas and is within walking distance of Douglas Town Centre. There is therefore considered not a great need for a private car, especially as the property is located as such that it can make the best use of public transport and encourage pedestrian movement. It is therefore considered that there should not be a significant need for parking.

In conclusion, it is considered that the existing development is acceptable and is thus recommended for approval. The development does not have a detrimental impact on neighbouring properties and the highway adviser has raised no objection to the proposed development due to the location and existing use of the building but has raised awareness that parking along this street is a problem and within Douglas in general, which should be taken into account in other conversions into apartments.

**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:

- Douglas Corporation
- Department of Transport and Drainage Division
- The occupiers of 19 Murray House

The following are not afforded Interested Party Status:

- Environmental Health Officer

**Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 02.12.2009 **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.

This approval relates to the submitted Drawing Nos. Loc1 and RE2 received on 28th September, 2009.

2 December 2009

09/01585/R

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 : 8 December 2009

Signed : __________________________

Senior Planning Officer

2 December 2009 09/01585/R Page 5 of 5

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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/63821-braddan-48-murrays-conversion-dwelling/documents/1386753*
