**Document:** Planning Officer Report
**Application:** 09/01772/B — Conversion of existing dwelling into four apartments
**Decision:** Refused
**Decision Date:** 2010-01-13
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/63992-braddan-31-hutchinson-conversion-dwelling/documents/1389566

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# Planning Officer Report

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

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; (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."

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".

There are no previous planning applications to be considered in the assessment of the current planning application.

## 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 development proposes 2 off street parking spaces. Although these spaces do not conform in size, they are useable. This then results in the same amount of on street parking currently being used as an 8 bedroom dwelling.

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 16 Princes Road, Douglas has objected to the proposed development and their comments are summarised as follows:

-  There is insufficient car parking associated with the proposal. There is not adequate parking in Hutchinson Square with residents regularly parking in Princes Road
-  Three flats are accessed via the rear service lane, which is narrow, lined with wheelie bins, garages, it has no turning places, footpath provision for pedestrians or street lighting
-  This is inappropriate and may give rise to problems. Residents would have to walk approx 6570 m in order to gain access to their homes, in the darkness with no lights and an uneven surface
- Deliveries of goods and mail will be problematic
- Emergency service vehicles attending the three flats would be forced to negotiate narrow lane which would be very difficult

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 was not built to provide a main access to any property, there is no turning places
-  There are garages on the Princes Road side of the lane which are set back 2 m from the boundary for ease of access and if there are cars parked at Hutchinson Square side of lane they would have make use of their property to park
-  Service lane is unlit, uneven and has no pavement. Have to walk approx 60 m to the apartments
- It is likely that there will be other vehicles causing an obstruction
-  The potential noise and nuisance as result of works within this quiet lane
-  There was difficulty in viewing the site notice
- Would not like to see a precedent set by allowing provision for car parking at rear of Hutchinson Square

### Assessment

The proposed access to three of the four apartments is located to the rear of the building, which has an uneven surface, where there is no street lighting, with refuse bins located along the entire rear lane, with no pavement and with the application site approximately 60 m from the nearest public

thoroughfare of Marathon Road (to the south east); all of this is judged to be totally unacceptable for the future occupiers of the proposed apartments. These issues would result in adversely affecting the residential amenity and personal safety and security of future tenants of the three apartments to an objectionable level.

Furthermore, with the rear refuse area and communal entrance in such close proximity to apartment 2 and the bedroom of apartment 2, this is considered to be inappropriate (in terms of potential noise and smell). As such, this would cause an unpleasant and detrimental environment for future residents of this apartment.

It is acknowledged that the proposed apartments would provide occupiers with a pleasant outlook from the principal rooms. With no external alterations and 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 its character are protected.

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 evidence that the proposal should not cause undue harm to any road user or pedestrian. In terms of the parking issue, it is considered that the existing parking requirement for the ( 8 bedroom) dwelling is two spaces. The proposed development requires 6 car parking 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 is the case in this instance, which in-turn results in the parking standards being acceptable for the proposed conversion.

After visiting the area, it is agreed that there would be a certain level of noise and nuisance as a result of the development from the coming and goings of vehicles and residents but not to a level as to warrant a refusal. 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.

## Recommendation

The proposed development would be contrary to General Policy 2 and Housing Policy 17 contained within the Isle of Man Strategic Plan 2007 and it is recommended that the planning application should be refused.

### 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 16 Princes Road, Douglas 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:** 08.01.2010

### 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

#### R 1.

The proposed development would be contrary to General Policy 2 and Housing Policy 17 of the Isle of Man Strategic Plan 2007 by reason that 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. This is a result of the access being 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 60m from the nearest public thoroughfare.

I confirm that this decision accords with Government Circular No 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:** 12 January 2009 **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/63992-braddan-31-hutchinson-conversion-dwelling/documents/1389566*