**Document:** Officer Planning Report
**Application:** 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)
**Decision:** Permitted
**Decision Date:** 2006-06-20
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/80559-braddan-15-north-quay-apartment-alteration-extension/documents/1468411

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# Officer Planning Report

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

## Officer's Report

### Site

The property 15 North Quay is part of a row of three storey terraced properties which are located on the northern side of North Quay and east of the junction of Quines Corner.

The site has been zoned under the Douglas Local Plan Order 1998 as being within a mixed use area (town centre), the site is also within the North Quay Conservation Area.

### Planning History

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 (05/02012/B) – refused on the grounds:

- By reason of its poor outlook, especially from the kitchen / lounge area and from the bedroom, the conversion of the third floor into a self-contained apartment (apartment 3) would be unacceptable.

Approval in principle for conversion of existing property to retail ground floor, office accommodation first floor, and living accommodation second and third floors (96/00529/A) - approved.

Approval in principle for conversion to offices ground and first floors, with living accommodation on second and third floors (96/00242/A) – refused.

Change of use to retail sale of hot food (94/01150/C) – approved.

### Proposal

The application proposes the 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).

The most significant part of the application is the creation of three apartments. The apartments will be on the first, second and third floors. The first and second floor apartments have the same layout designs; both have good views overlooking the Quay area (kitchen / lounge windows) and both have single windows to the rear (bedroom window). The apartment at third floor level, which is within the roof space also, has a view overlooking the Quay area due to a single flat roofed dormer, additional natural light would be via the proposed rear pitched roofed dormer within the bedroom, which in turn will remove the existing roof light.

The alterations to the existing shop front will change to a more traditional shop front with large glazed windows with the door in between compared to the existing which looks similar as a residential property. The proposal also includes the installation of a new signage board.

The rear extension which proposes to form a lobby, and a staircase to the first floor, where an entrance door for all the three apartments will use as an entrance and exit from the building. The rear yard will incorporate an area to store bins which has access onto Quines Corner.

### Representations

The Douglas Corporation acting as the agent for the Department of Transport, under the Sewerage Act 1999 has no objection in principle:

- It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate

measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation.

- A communication fee will be payable to the Department of Transport in respect of this drainage connection.
- NO groundwater will be permitted into any public foul or surface water sewer (either pumped or by gravity) so as to comply with the requirements of Douglas Corporation's Drainage Department. The Drainage Department recommends that the proposed basement may need to be tanked in order to reduce the infiltration of ground water into the same.

The Douglas Corporation have considered the application and have no objection.

The Department of Transport Highways Division have objected stating that:-

- Legally enforceable contractual leases / agreements are required to ensure longevity of the parking facilities to serve the need of this development, to ensure the provision of satisfactory vehicle parking arrangements.

The Fire Safety Department has recommended that, the Architect to consult with The Fire Safety Department as the proposed conversion will fall within the scope of The Fire Precautions Flats Regulations 1996.

IOM Water Authority:-

- For a change in the supply to a premises (domestic of commercial) the applicant should contact the IOMWA Byelaws Inspector (Michael Karran), tel. 695957
- For connections to Flats and Apartments the following apply - "Water Supply To Flats And Apartments - Regulations", and if applicable a "Form Of Undertaking In Respect Of Supply Pipes" will be required. Copies of these documents can be obtained from the IoMWA or alternatively by contacting the IoMWA Byelaws Inspector (Michael Karran), tel. 695957.

The Disability Officer has recommended that apartment blocks should meet the following requirements:-

- Where parking is provided, which includes provision for visitors then five percent of unassigned spaces should be designated for disabled parking.
- The ground or primary entrance level should include at least one entrance that is accessible to an unassisted wheelchair user.
- Any sanitary facilities provided which are accessible to the public should include a disabled toilet.
- All public corridors should be of sufficient width and free fro obstruction as to allow a wheelchair user to pass other users of the corridor.
- The primary entrance to all apartments should be of sufficient width as to be accessible by an unassisted wheelchair user.
- Where apartments and/or parking are provided over more than one level then a lift should be provided of sufficient dimensions as to allow an unassisted wheelchair user to enter, turn around and use the controls.

We have received no privately written representations objecting to the application.

## Assessment / recommendation

The proposed rear dormer will certainly enhance the general environment and outlook for the third floor apartment (3) and would therefore seem adequate. Apartment 1 and 2 as in the previous application (05/02012/B) would seem acceptable as they have good views over the Quay and have good general environment. All three apartments have access from the rear and all have access to the rear yard area where there is bin storage and a store and would all therefore comply with Planning Circular 2/88.

The issue with this application is now the parking arrangements. The Applicant has stated that they are currently renting spaces from Dandara (2002, 2003 and 2019) at Shaws Brow Car Park, which would be used for the proposed apartments. They have written to Dandara to try guarantee in writing that we can always rent these spaces, but they cannot put in writing to guarantee this, in case something goes wrong in the future with them renting them from the Government, but as far as they are concerned, it is a long term arrangement.

Due to this a condition shall be added which states:-

Prior to the commencement of any building operations there must be submitted to and approved by the Department evidence to provide secure long term arrangements for three off road parking provisions exclusively for the apartments.

For these reasons the proposal would seem to be appropriate in these locations and therefore my recommendation is for an approval.

I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:

- Douglas Corporation
- Department of Transport Highways Division
- The Fire Safety Department
- IOM Water Authority
- The Disability Officer

### Recommendation

**Recommended Decision:** Permitted

**Date of Recommendation:** 08.06.2006

### 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 submitted documents and drawings 4014/1 Rev C, 4014/2, 4014/3 and 4014/10 all received on 3rd March 2006.

C 3. Prior to the commencement of any building operations there must be submitted to and approved by the Department evidence to provide secure long term arrangements for three off road parking provisions exclusively for the apartments.

C 4. It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation.

A communication fee will be payable to the Department of Transport in respect of this drainage connection.

NO groundwater will be permitted into any public foul or surface water sewer (either pumped or by gravity) so as to comply with the requirements of Douglas Corporation's Drainage Department. The Drainage Department recommends that the proposed basement may need to be tanked in order to reduce the infiltration of ground water into the same.

C 5.
IOM Water Authority:-

For a change in the supply to a premises (domestic of commercial) the applicant should contact the IOMWA Byelaws Inspector (Michael Karran), tel. 695957

For connections to Flats and Apartments the following apply - "Water Supply To Flats And Apartments - Regulations", and if applicable a "Form Of Undertaking In Respect Of Supply Pipes" will be required. Copies of these documents can be obtained from the IoMWA or alternatively by contacting the IoMWA Byelaws Inspector (Michael Karran), tel. 695957.

N 1. The Architect to consult with The Fire Safety Department as the proposed conversion will fall within the scope of The Fire Precautions Flats Regulations 1996.

N 2. The Disability Officer has recommended that apartment blocks should meet the following requirements:-

- Where parking is provided, which includes provision for visitors then five percent of unassigned spaces should be designated for disabled parking.
- The ground or primary entrance level should include at least one entrance that is an unassisted wheelchair user.
- Any sanitary facilities provided which are accessible to the public should include a disabled toilet.
- All public corridors should be of sufficient width and free fro obstruction as to allow a wheelchair user to pass other users of the corridor.
- The primary entrance to all apartments should be of sufficient width as to be accessible by an unassisted wheelchair user.

- Where apartments and/or parking are provided over more than one level then a lift should be provided of sufficient dimensions as to allow an unassisted wheelchair user to enter, turn around and use the controls.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Permitted Date: 8/6/06

Signed: M. I. McCauley Director of Planning and Building Control

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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/80559-braddan-15-north-quay-apartment-alteration-extension/documents/1468411*
