**Document:** DEC Officer Report **Application:** 22/00157/B — Creation of a lower ground floor apartment **Decision:** Refused **Decision Date:** 2022-03-30 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/8601-braddan-atholville-3/documents/947188 --- # DEC Officer Report **Application No.:** 22/00157/B **Applicant:** Dolphin Investments Limited **Proposal:** Creation of a lower ground floor apartment **Site Address:** Atholville 3 - 4 Castle Drive Douglas Isle Of Man IM2 4LX Principal Planner: Mr Chris Balmer **Photo Taken:** 23.03.2022 **Site Visit:** 23.03.2022 **Expected Decision Level:** Officer Delegation **Recommended Decision:** Refused **Date of Recommendation:** 25.03.2022 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. Given the road level/boundary wall height and the level of the basement it is not considered the proposed basement level apartment would have a "pleasant clear outlook, particularly from the principal room" as required by Housing Policy 17 and in fact would result in a very dark, oppressive and with no pleasant or clear outlook for future occupants. Accordingly, the proposal would be contrary to Housing Policy 17 and General Policy 2 (h) which requires residential properties to "Provides satisfactory amenity standards in itself…". _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ ## Officer’s Report 1.0 THE SITE - 1.1 The application site is the curtilage of Atholville, 3 - 4 Castle Drive, Douglas which is a traditional Victorian six storey buildings (inc basement and roof accommodation) which forms part of a row of terraces, located on the southern side of Castle Drive and opposite the Castle Mona. - 1.2 The basement level which this application centres one was in the state of disrepair/construction taking place when visiting the site on the 23.03.2022. 2.0 THE PROPOSAL - 2.1 The application seeks full approval for the creation of a lower ground floor apartment. The apartment would accommodate the basement level of both Nrs 3 and 4 Castle Drive (building has been joined as one) which would include two bedrooms, bathroom and a lounge/kitchen area. The main access would be from a new doorway at basement level to the front external yard area, which due to the ground level differences between the basement level and road level requires an existing external staircase to access/egress. Access is also available from the existing internal staircase of the building. The bin store is not indicated, but is presumed to the rear of the building where basement level access is available also. 3.0 PLANNING HISTORY - 3.1 The previous planning application is considered relevant in the determination of this application: - 3.2 Internal alterations to form flat in basement - 90/01694/B - 4 Castle Drive, Douglas APPROVED on 14.02.1991 with the attached conditions; "C 2. The development shall be completed within the period of forty eight (48) months from the date of this approval WHICH SHALL CEASE TO HAVE EFFECT IN DEFAULT OF COMPLIANCE WITH THE CONDITION except in respect of any development completed within that period. C 3. Subject to the last foregoing condition the development having been commenced shall be carried on to completion in a workmanlike and expeditious manner to the satisfaction of the Planning Committee and if not so completed within the said period of forty-eight (48) months it shall be a further condition of this approval that the applicant shall submit a new application for consideration by the committee in respect of the uncompleted development." 3.3 The applicants have indicated that; "Following the above planning approval, the Applicant completed nine of the ten flats, but the flat 1A to the Castle Drive side of the lower ground floor, was started but never completed. This application is to seek approval to complete the renovation and alteration of flat 1A and thereby to satisfy and discharge Condition No. 3 of PA 89/1484. The extent of the works is - o the internal alterations to change the approach to the internal stair and lift, - o break through a previously blocked up entrance doorway to create a new lower ground floor entrance from Castle Drive; - o further renovations to make the flat habitable which includes a new fitted kitchen and new bathroom fit-out, with internal damp-proofing and floor, wall and ceiling finishes. The proposals to renovate the area of the building to create residential Flat 1A, is consistent with the previously approved application PA 89/1484 for 10 flats. The proposals to create the Flat 1A as it's a residential use, is also consistent with the Area Plan for the East designation of 'Mixed Use' for this area of Douglas. Therefore, the Applicant respectfully requests that the application be granted approval." 3.4 It is noted that applicants quote application 89/00590/A; however, this application did not include works to the basement level. The application was "Approval in principle to convert property to residential flats" - 89/00590/A - Atholville Hotel, Castle Drive - which was APPROVED. The application form states; "Approval in principle to convert property into residential apartment's grounds and upper floors." It did not include the basement level, which appears to been considered under PA 90/01694/B. 4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area designated as "Mixed Use" under the Area Plan for the East 2020. The site is within a Conservation Area. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: 4.3 Housing Policy 4 states: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: - (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; - (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and - (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14. 4.4 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." 4.4 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." 4.5 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 4.6 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7." 4.7 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement." 5.0 CONSULTATIONS - 5.1 DOI Highway Services have no objection (03.03.2022). - 5.2 Douglas Borough Council do not object (08.03.2022). 6.0 ASSESSMENT - 6.1 The following issues are relevant in the determination of this application; (a) principle of developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; (c) potential impact of the works to the street scene; and (d) potential private amenity for future occupants. PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES - 6.2 As stated earlier in this report, the application site is located within a wider area of land that is designated as "Mixed Use" under the Area Plan for the East. Accordingly, the principle of using this site for residential is considered acceptable given it land use designation. However, this is not an automatic reason to approve the application as there other issues outlined need to be considered also. POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION - 6.3 The single dwelling/apartment would require two off road parking space. There are no off road parking spaces associate with the site and therefore the proposal could be considered contrary to Transport Policy 7. However, this site is within a Conservation Area, would preserve the sensitive streetscape and is within a reasonable distance of an existing or proposed bus route (further on this issue below). The applicants have not demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality; albeit the Department is aware there is significant demand for on-street parking in this location, so it is considered this is unlikely to be demonstrated in this location. - 6.4 However, the site is also within close proximity of Douglas town Centre close to Services, public transport links and therefore is within a very sustainable location. Accordingly the proposal not having parking associated within it could be considered to comply with Strategic Policy 10 by "minimise journeys, especially by private car, make best use of public transport and encourage pedestrian movement. Accordingly, on balance it is considered the proposal while not providing any car parking would meet the aims of Strategic Policy 10 and should not be a reason for the application to fail. POTENTIAL IMPACT OF THE WORKS TO THE STREET SCENE - 6.5 In this case there are no significant changes proposed and the use of the site as residential will not have an impacts upon the visual amenities of the street scene or the character and appearance of the Conservation Area. POTENTIAL PRIVATE AMENITY FOR FUTURE OCCUPANTS - 6.6 As outlined within Housing Policy 17 each dwelling needs to have a "pleasant clear outlook, particularly from the principal rooms". In this case from the open plan living room/kitchen dinner all of which are served by the bay window (Nr 3) to the front (north) elevation. There is significant concern in this respect. The road /footpath level and the boundary wall of the site results in the top of the window being level with the top of the boundary wall. This coupled with the small depth of external yard area and the position of the external staircase would not result in a pleasant clear outlook, in fact would be a dark, oppressive and very unpleasant outlook. The windows being to the north elevation and the suns orientation (east to west) will also result in a very dark environment with the - kitchen/lounge area to the rear of the main room relaying solely on artificial light, given any limited natural light provided through the bay windows, will be lost at those points. Accordingly the application fails Housing Policy 17. - 6.7 It is noted planning permission was approved in 1991 for the basement of Nr 4 being converted as an apartment; albeit the applicants have confirmed the works where not completed and therefore was contrary to Condition 2 of the original approval. They are now seeking permission under the working of Condition 3 which indicates essentially if the works are not completed within 48 months of the approval, then a further new application shall be submitted in respect of the uncompleted development. However, the IOM Strategic Plan has since been adopted since that 30 year period and Housing Policy 17 did not exists at that time. - 6.8 For the reasons given it is considered the application would fail Housing Policy 17 nor comply with General Policy 2 (h) "Provides satisfactory amenity standards in itself…". 7.0 CONCLUSIONS - 7.1 While the principle of residential use is acceptable on this site and the use would not have a significant impact upon the visual amenities of the street scene. Further the site is within a sustainable location within Douglas. However, there are significant concerns that the residential amenities for future occupant due to having a very poor outlook, particularly from the principal room does not sufficiently overcome the other positives of the application. Accordingly, it is considered that the planning application would be contrary to General Policy 2 and Housing Policy 17 of the Isle of Man Strategic Plan 2016 - 7.2 It is recommended that the planning application be refused. 8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: - (a) the applicant (including an agent acting on their behalf); - (b) any Government Department that has made written representations that the Department considers material; - (c) the Highways Division of the Department of Infrastructure; - (d) Manx National Heritage where it has made written representations that the Department considers material; - (e) Manx Utilities where it has made written representations that the Department considers material; - (f) the local authority in whose district the land the subject of the application is situated; and - (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine: - o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status ## Decision Made : Refused Date : 29.03.2022 Determining officer Signed : S BUTLER Stephen Butler Head of Development Management Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records. --- *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/8601-braddan-atholville-3/documents/947188*