Officer Report

Application No.: 17/01250/B Applicant: Victoria Street Properties Ltd Proposal: Conversion of upper floors from offices to four residential units Site Address: Offices above 67 Strand Street Douglas Isle of Man IM1 2EN Case Officer : Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 03.01.2018 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

Plans/Drawings/Information:

This approval relates to drawings reference numbers 01 and 2 both received on 29th November 2017.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The owners/occupants of Flat 1, 48 Market Street, Douglas _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSED USE COULD BE CONSIDERED CONTRARY TO THE LAND USE DESIGNATION OF THE SITE AND ALSO COULD BE CONSIDERED TO FAIL THE PARKING STANDARDS OF THE ISLE OF MAN STRATEGIC PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE APPLICATION SITE - 1.1 The application site is a rectangular parcel of land within which sits the three storey building with a dual aspect onto Strand and Market Streets in Douglas: its address, though, is 67 Strand Street. - 1.2 The lawful use of the ground floor of the building is for retail, with the floor above in ancillary storage use. The unit is currently vacant, but was until recently occupied by the Ann Summers franchise. The second and third floors are used as office accommodation.

2.0 DESCRIPTION OF THE APPLICATION - 2.1 Full planning approval is sought for the conversion of upper floors from offices to four residential units.

3.0 PLANNING HISTORY - 3.1 The site has been the subject of a number of planning applications, but only the following are considered relevant in the determination of this application: - 3.2 Alterations to front facade and internal layout to create two storey curtain walling 17/01079/B - PENDING CONSIDERATION - 3.3 Change of use of building society to retail outlet - 02/00740/C - APPROVED - 3.4 Change of use to ground floor building society branch and first, second and third floor office accommodation - 92/01012/C - APPROVED - 3.5 Refurbishment and extensions to form shop with office accommodation above 90/00303/B - APPROVED - 3.6 Approval in principle for conversion of 3-storey building into retail/office unit, amusement centre - 90/00100/A - APPROVED

4.0 PLANNING POLICY - 4.1 The site is zoned as Predominantly Shopping on the Douglas Local Plan. The site is not within a Conservation Area. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 4.3 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."

5.0 REPRESENTATIONS - 5.1 Highway Services of the DoI stated (21.12.2017): "The application is for the conversion of the second and third floors of an existing four storey building from offices to four residential units comprising three one-bedroom and one twobedroom apartments. There is an existing retail use on the ground and first floors of the building and two on-site carparking spaces are allocated to the retail unit. There are no parking spaces provided on the site allocated for the residential development. Paragraph A.7.1 of Appendix 7, Parking Standards of the Isle of Man Strategic Plan allows for a relaxation of parking standards "in the case of town centre and previously developed sites". This particular site is in a very central location close to public transport, employment and public amenities. Taking this into account and given the relatively small scale of the proposed development, it is considered that this development would not have a significant detrimental impact on street parking in the surrounding area. Therefore, Highway Services does not oppose this application." - 5.2 Douglas Borough Council offered no objection on 15th December 2017. - 5.3 The owners/occupants of Flat 1, 48 Market Street, Douglas do not object to the application but as they live next door to the property consider noise nuisance be taken into account when the works are undertaken (construction) and sound proofing between the properties to stop any future possible disturbances (03.01.2018).

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; and (c) 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 Predominantly Shopping use under the Douglas Local Plan. Accordingly, the proposal does not fall within this land use designation. However, neither does the existing office use and it is considered the use of the upper floors of this building and potential other building s in the area ae beneficial to the vitality of the town centre, especially during evening

• periods. Further, the dwelling are located within the most sustainable location on the Island (i.e. Douglas Town Centre) and therefore meets the main aim of the Strategic Plan.
• 6.3 It is therefore concluded that there is no issue with the general principle behind the proposal. However, this is not an automatic reason to allow the development, further site specific impacts as listed above, need further consideration to determine whether the proposal would be suitable. POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION

6.3 Turning to the impact on highways, an issue to consider is car parking provision. If this were a new development for four apartments (three 2 beds and one single bed) then a total of 7 parking spaces would be required to be provided on site. The proposed does not provide any, nor can it. The existing office use is not served by any existing parking provision on site. There are two off road parking spaces to the rear of the site; however, these are allocated to the ground floor shop unit. Accordingly, it could be concluded the proposal is contrary to the Parking Provision of the IOM Strategic Plan. However, the plan does indicate that the parking 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 a sensitive streetscape; or
• (c) is otherwise of benefit to 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 reduced level of parking will not result in unacceptable on street parking in the locality.

6.4 Overall, it is considered given the site is within the town centre and within very close walking distance to a number of shops and employment, and as the site is very close to major bus routes and as there has been no objection from the Highway Services or neighbours, it is therefore concluded that the lack of off street parking provision in this case is acceptable and would not significantly effect on street parking in the locality. POTENTIAL PRIVATE AMENITY FOR FUTURE OCCUPANTS - 6.5 As outlined within Housing Policy 17 each apartment needs to have a "pleasant clear outlook, particularly from the principal rooms". Each apartment in this case would obtain views from the main principle living spaces from the front and rear windows. This is considered acceptable in this case. - 6.6 Each apartment would have bin storage provision to the rear of the building. Overall it is consider the proposal would comply with Housing Policy 17. OTHER MATTERS - 6.7 The occupants/owners of the adjoin property raise understandable issues in terms of noise generation during the construction period and also the potential for sound proofing between the properties to prevent future noise disturbances. However, matters arising from the construction of a development are not material planning considerations which can be determined. However, there is other legislation (Environmental Health) which could address such issues if they arose. In terms of sound proofing, this would be considered in any future Building Regulations application (Part E of the Building Regulations - as it would constitute a material change of use of an office to residential).

7.0 CONCLUSION - 7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 2 and Housing Policy 17 of the Isle of Man Strategic Plan 2016 and the Douglas Local Plan and it is therefore recommended that the planning application be permitted.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) Highway Services Division of Department of Infrastructure, and
• (e) The local authority in whose district the land the subject of the application is situated.

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 in Article 6(4) who should be given Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 15.01.2018 Signed : C Balmer Presenting Officer Further to the decision of the Committee an additional report/condition reason was required

Customer note

YES/NO

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