**Document:** Officer Planning Report **Application:** 06/01146/B — Conversion of lower ground floors into two self contained apartments **Decision:** Permitted **Decision Date:** 2006-10-03 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/81222-braddan-38-40-castlemona-conversion/documents/1475256 --- # 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] [Table omitted in markdown export] ### Officer's Report #### Site The properties 38-40 Castlemona Avenue, Douglas, are part of a row of four large five storey terraced properties (Victorian/Edwardian buildings), which are located on the eastern side of Castle Mona Avenue. ## Land Use Zoning The property has been zoned within the Douglas Local Plan Order 1998 as being within an area of predominately residential use. The properties are not within a Conservation Area nor are they Registered Buildings. ## Planning History Conversion of basement level into two apartments with additional car parking for three cars – Refused on the following grounds:- The proposal would constitute unsatisfactory, over-intensive development of the site, resulting in: a) accommodation having a limited outlook and a generally poor environment; b) loss of existing storage space for the existing flats and for refuse bins; and c) tight parking spaces which would be difficult to use and sometimes inaccessible. ## Proposal The application proposes conversion of lower ground floors into two self contained apartments. The existing lower ground floors are un-used but where once used as two flats (no previous permission or status as living accommodation). Access to the apartments is via the main entrances (ground floor) and down the staircases. The existing terraced overgrown garden which fronts the property is proposed to be vastly improved to incorporate paving and defined planting areas. Additional external space is also provided to the rear within the rear courtyard. The two self contained apartments both are two bedroom properties, which overlook the rear courtyard. The kitchen/lounge and dining rooms are located to the front of the building and have views overlooking the proposed garden / planting area. ## Representations Highways Division have objected on the following grounds:- The development offers the potential to provide some off street parking to support this development. Douglas Corporation have no objection. Chief Fire Officer:- Applicant must consult with the Fire Safety Department as the proposals fall within the scope of the Fire Precautions (Flats) Regulations 1996. IOM Water Authority:- For a change in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57 Chief Environmental Health Officer:- The proposed flats must, on completion of the proposed works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same regulations. BC Dept of Transport Drainage no objection in principle subject to:- 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. Disability Access Officer:- *Standard points regarding access to apartments.* We have received no privately written representations objecting to the application. ### Assessment / recommendation Issues to be considered with the application include:- 1. Parking provisions; and 2. Outlook / environment. #### Parking provisions The Highways Division have objected as a single parking provision could be created by using the rear courtyard. Whilst it is possible to provide a single off road parking provision I believe the retention of an open courtyard for the use of the two apartments is a better and practical use, particularly as the rear access lane is narrow and therefore may be difficult to access and egress. #### Outlook / environment Planning Circular 2/88 states that the size, layout, occupancy, etc., of flats are controlled by the Housing (Flats) Regulations. However, all flats should also have a good external environment, characterised by - a) a pleasant, clear outlook, particularly from the principal room(s) of the flat; and b) access to external space for the purpose of clothes-drying, refuse storage, car-parking, and general amenity. c) assist in admitting light and air to the rear of the building proper. The previous application (05/01028/B) raised concerns regarding the outlook and environment the two proposed apartments would have, I now believe the concerns have been resolved with the inclusion of the rear courtyard which previously was proposed to be used as three off road parking provisions, which will therefore give usable external space. Outlook and the general environment from the principle rooms of the apartments (i.e. kitchen, lounge & dining) has been slightly improved, although not ideal, due to the new garden/planting area instead of the overgrown terraced garden. #### Conclusion Although the out look and the general environment is not ideal I consider that the benefits of this development outweigh the concerns. The proposal will improve the appearance of the property and will provide additional sustainable residential accommodation to the area which is only a few minutes walking distance from Douglas town centre. The retention of the courtyard for external useable space instead of a parking provision is also acceptable due to the location of the property to the town centre amenities and public transport. 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 Chief Fire Officer Manx Electricity Authority ## Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 25.09.2006 ### 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 CMA/Planning/01, CMA/Planning/02, CMA/Planning/03, CMA/Planning/04 and CMA/Planning/05 all received on 29th June 2006. **N 1.** Applicant must consult with the Fire Safety Department as the proposals fall within the scope of the Fire Precautions (Flats) Regulations 1996. **N 2.** For a change in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57 **N 3.** The proposed flats must, on completion of the proposed works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same regulations. **N 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. **N 5.** The applicant is advised to consult Disability Access Office with regard to the needs of disabled users within the building. 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 : 29/9/06 Signed : M. I. McCauley Director of Planning and Building Control --- *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/81222-braddan-38-40-castlemona-conversion/documents/1475256*