20 September 2011 · Delegated
Tudor Lodge, 18, Stanley Terrace, Douglas, Isle Of Man, IM2 4ep
This application sought permission to alter and convert a detached garage, and add a single-storey extension, at Tudor Lodge Residential Care Home on Stanley Terrace, Douglas, to create additional living accommodation. The garage is accessed from Stanley Place, a lane running between Stanley Terrace and Victoria Place to the rear of the property. The application was refused by the Development Control Manager under delegated authority. The formal reason for refusal was that the accommodation created by converting the garage would not have a clear or pleasant outlook, resulting in unsatisfactory levels of amenity for future occupants. The officer report also identified concerns about the impact on parking and highway safety, the quality of amenity in the proposed accommodation, and any effects on the surrounding Conservation Area in which the site sits.
The application was refused because the accommodation that would result from converting the garage would not have a clear or pleasant outlook, meaning it would provide unsatisfactory living conditions. The officer also identified concerns about parking and highway safety, the amenity of the proposed accommodation, and potential impacts on the surrounding Conservation Area.
Refusal Reasons
development that is in accordance with its land use designation
General Policy 2: 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. 6.3 Development outside of areas zoned for development
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
Due to the single storey nature of the extension, it is unlikely that any unacceptable impacts to the Conservation Area would result.
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Housing Policy 17
Housing Policy 17: 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. 8.13.4 In recent years, interest has grown in the development of residential dwellings from redundant commercial space, primarily above shops. In the United Kingdom, inspira tion for such development came from the LOTS initiative (Living Over The Shop) started in 1989 and the FOS programme (Flats Over the Shop), set up in 1991. The Department generally supports the conversion of redundant storage space above shops (which are often outside of residential areas), into residential development unless the occupants would suffer adverse noise, general disturbance or loss of residential amenity from other land uses. 8.14 Loss of Housing 8.14.1 In the current housing situation, the Department is concerned to ensure that there is no unwarranted loss of existing housing which is fit for habitation or could be made so at reasonable cost.
