DEC Officer Report

Application No.: 20/00902/C Applicant: Mrs Margaret Robinson Proposal: Change of use from retail to residential Site Address: Central Stores Station Road St Johns Isle Of Man IM4 3AH Planning Officer: Mr Paul Visigah Photo Taken: 12.10.2020 Site Visit: 12.10.2020 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 05.11.2020 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

The proposal is considered acceptable and to be in accordance with the land use designation of the St Johns Local Plan Order 1999. Overall it is concluded that the planning application accords with the provisions set out in General Policy 2, Strategic Policy 1, Strategic Policy 12 and Community Policy 4 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to the letter from the agent (dated 28 October 2020), Letter from Estate Agent regarding marketing of property (dated 28 October 2020), Chrystals Estate Agents marketing the property as a Mixed Use investment, and Drawing Nos. 2020/27/01 Rev A, all date stamped and received 30 October 2020.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER.

THE SITE

1.1 The application site is the curtilage of Central Stores on the eastern side of Station Road, St Johns. The property which is a two storey building is accessed via the main entrance on Station Road, whilst the rear is accessed via an exit which also serves the WC connected to the staff kitchen. There is a garage and parking area at the rear which is accessed via a driveway which serves the land at the rear of the St. John's school, Methodist Hall and Westville, a large residential property with access on Peel Road. THE PROPOSAL - 2.1 The application seeks full approval for the change of use of the ground floor (former shop unit) of the property from retail to residential. The internal alteration proposed would include the removal of the W.C by the kitchen to facilitate ease of access to the rear via the kitchen, and the opening up of the wall by the hall to enable the creation of a double doorway to connect the one bedroom apartment at the rear to the shop.

2.2 The Staff kitchen would remain as the kitchen to the proposed dwelling, while the section of the shop unit connected to the kitchen would be converted to the dining. The main shop unit by the access would be converted to the lounge. Other changes proposed would see the existing lounge on the ground floor converted to a family room, conversion of the existing kitchen to a utility room, and the conversion of the existing utility room to cloaks with toilet fittings. The details on the plan indicates that the residential area includes the first floor. - 2.3 The applicants have provided the following additional information in support of the application:

• i. Should the application for change of use be successful, the new ground floor residential accommodation would be used in addition as the first floor of the accommodation to create one larger residential property.
• ii. The existing building (retail and residential unit) has one dedicated parking place to the rear as well as a detached garage. Drawing No. 2020/27/01 Rev A indicates the location of the parking space and garage in relation to the building.
• iii. The building was advertised by Chrystals Commercial Estate Agent from 10 November 2016 until 25 February 2019 as a retail unit with residential accommodation. During this time, there were only a couple of viewings, neither of which proceeded to sale even though the asking price was dropped significantly during this time. A copy of Estate Agents literature (Brochure), as well as the email from the Estate Agent dated 28 October 2020 has been provided to support these claims.
• iv. No supporting information has been provided with regard to the existing use of the shop or reasons for discontinuing the use as retail, although observations during the site visit on 12 October 2020 showed that the retail unit is currently not in use.

PLANNING POLICY

3.1 The application site is within an area designated as 'Residential' under the St Johns Local Plan Order 1999 and the site is within the St. Johns Proposed Conservation Area. As well, the site is not classed as an area of retail or/commercial use within the Local Plan. As such, the following polices contained within the Isle of Man Strategic Plan 2016 would be relevant to the assessment of this proposal.

3.2 Strategic Policy 1: "Development should make the best use of resources by:

• a) Optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials;
• b) Ensuring efficient use of sites, taking into account the needs for access, landscaping, open space¹ and amenity standards; and
• c) Being located so as to utilise existing and planned infrastructure, facilities and services."

3.3 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:

• 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;

• 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;

3.4 Strategic Policy 12: Favourable consideration will generally be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of redundant boarding houses, and vacant or under-used space above commercial premises subject to compliance with detailed standards (see section 8.13). - 3.5 Community Policy 4: Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable. - 3.6 Parking is also dealt with at Appendix Seven of the Strategic Plan as follows: the Plan requires there to be one parking space provided per single bedroom apartment and two parking spaces for apartments each with two or more bedrooms.

Appendix 7: "New built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to: a) the location of the housing relative to public transport, employment and public amenities, b) the size of the dwelling, c) any restriction on the nature of the occupancy (such as sheltered housing) and d) the impact on the character and appearance of the surrounding area (paragraph A.7.1).

This goes on to recommend that one space is provided for a one bedroomed apartment, 2 spaces for two or more bedrooms but that "These 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" (A.7.6).

3.7 Given that the site is situated within a Proposed Conservation Area, it would also be vital to consider Environment Policy 35 in the assessment of the proposed development.

3.8 There are no policies within the St. John Local Plan 1999 Written Statement that would be particularly relevant to the current application.

PLANNING HISTORY

4.1 The application site has not been the subject of any previous planning applications, although there is an ongoing planning application within the vicinity of the application site that is considered to be materially relevant to the current application.

4.2 PA 20/00945/C for Additional use of public house and restaurant (class 1.3) as retail (class 1.1), Tynwald Hill Inn, Main Road, St Johns. Pending consideration.

The supporting information for this application suggests that the applicants would want a permanent change of use for the Tynwald in to accommodate the village shop inside the Inn.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'do not oppose' in the letter dated 26 August 2020.

5.2 There has been no written representation made regarding the current planning application by the German Parish Commissioners at the time of writing this report, although they were consulted on 19 August 2020.

ASSESSMENT 6.1 The following issues are relevant in the determination of this application;

• i. principle of developing the retail unit on the site for residential purposes;
• ii. impact upon highway safety/parking provision;
• iii. impact of the works to the street scene;
• iv. private amenity for future occupants.

6.2 Principle of Developing the Site for Residential Purposes

• 6.2.1 As stated earlier in this report, the application site is classed as "Residential", a section of the residential property has been operating as a retail unit; although evidence on site during the site visit on 12 October 2020 indicates that there is currently no activity going on within the retail unit. Given that the designated use of the property is residential, it is not considered that the proposed change of use of the retail unit to create an improved residential unit would be at variance with the assigned use within the Local Plan. Whilst the proposed change of use would result in the loss of a local shop, and there is no supporting information to demonstrate that the retail use is no longer commercially viable, it is noted that the property has been marketed with the retail unit for a period exceeding 27 months without any offer made for the property. As such, it can be concluded that efforts made to retain the unit and offer it to other occupants, which would ensure that the unit is made commercially viable has been unproductive. Besides, the property is designated for residential use and within an immediate area that is purely residential and as such the change would revert the property to its original use. As such, it is concluded that the proposal would comply with Community Policy 4 of the Strategic Plan.
• 6.2.2 In addition, the proposed residential use would conform to Strategic Policy 12 which states that "favourable consideration will generally be given to proposals for improving the quality and condition of the existing housing stock…", as the proposed development would improve the conditions for the existing property by increasing the spaces available to the occupants and making the property more functional. As well, the main commercial areas are within close proximity to the site and as such it is not considered that the conversion of the

• retail unit would result in the loss of a significant commercial offering within St. Johns. Based on the foregoing, it is considered that the principle of converting the retail unit to residential use is acceptable and complies with Strategic Policy 12 and General Policy 2 (c & g).
• 6.3 Potential Impact upon Parking/Highway Safety

• 6.3.1 The site provides a parking space at the rear of the dwelling and a garage space. It is also noted that the application site is in a town centre location which is within close proximity to primary public transportation links. As such, it is considered that the proposed complies with the provisions within the strategic plan in Appendix 7, Parking standards, A.7.1 which allows for a relaxed standard with regard to the location and type of development. "In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to: (a) the location of the housing relative to public transport, employment, and public amenities"(Section A.7.1 of Appendix 7). It is also considered that there are local services and employment opportunities within close proximity to the property to encourage pedestrian movement amongst the above, besides the property being located within two minutes' walk to the nearby bus stops on Peel Road and Station Road. Moreover, DOI Highways has stated that they do not oppose the application which indicates that there are no adverse highway safety impacts.

6.4 Potential Impact of the Works to the Street Scene

• 6.4.1 Considering there would be no external works carried out on the building, the proposal will not have any impacts on the street scene and in turn the proposed Conservation Area.

6.5 Potential Private Amenity for Future Occupants

• 6.5.1 As outlined within Strategic Policy 1b developments should make the best use of resources by ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards. With regard to the application site, it is noted that the windows that serve the principal rooms have pleasant clear outlook to the surrounding streetscene. It is also noted that sufficient provision made for bin storage, parking for vehicles with appropriate access and visibility and a garden area at the rear of the garage with size appropriate for the dwelling of this size. As such, it is considered that the amenity space provisions are adequate for the property. Based on the foregoing, it is considered that the proposal accords with GP2 (b, c, & h) and Strategic Policy 1.

CONCLUSION

7.1 For the above reasons it is considered that the application is considered acceptable and in accordance with the standards towards development set out in General Policy 2, Strategic Policy 1, Strategic Policy 12 and Community Policy 4. 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 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: 16.11.2020

Signed : P VISIGAH Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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