10 August 2012 · Delegated
38, Demesne Road, Douglas, Isle Of Man, IM1 3dy
This application sought permission to convert a mid-terraced property at 38 Demesne Road, Douglas into three apartments. The building has a small rear yard accessed via a service lane, and the submitted plans did not propose any external changes to the building. The application was refused by a Senior Planning Officer acting under delegated authority. Two specific concerns led to the refusal: the lack of any off-street parking, which would add to existing on-street parking problems in the area, and the inclusion of bedrooms with no natural light source, which was judged to provide an unacceptable standard of amenity for future residents. The officer's report also identified potential impacts on the nearby conservation area as a key issue for consideration, alongside the parking and amenity concerns.
The application was refused on two grounds. First, the development would provide no off-street parking, worsening existing on-street parking pressures in the area. Second, some bedrooms in the proposed flats would have no natural light, giving future residents an unacceptable standard of living conditions.
Refusal Reasons
General Policy 2
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
Environment Policy 35
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.
Transport Policy 7
Transport Policy 7: 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. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Conversion of ground floor apartment to two apartments and conversion of first and second floor store rooms to a duplex apartment (Retrospective), 15 Demesne Road
Approved at appeal
Conversion of dwelling house to provide two flats, 33A Demesne Road
Two off-street parking spaces were provided as part of the development proposal
Conversion of building to provide three residential apartments, 44 Demesne Road
The Highways Division did not object to this application as the number of bedrooms was reduced slightly
Refurbishment works and creation of six self contained apartments, 19 Demesne Road
This was an amendment to a 2001 application
Conversion of guest house to four flats including basement and integration with adjacent property, 61 Bucks Road & 4 Demesne Road
Approval in principle to convert from offices into six residential units, Kelsor House 11 - 13 Demesne Road
The Planning Officer stated "The site is within walking distance of local shops and a major bus route on Woodbourne Road and I consider the application site to be located within a sustainable location. Due to the constraints of the site, on site parking would not be possible. However, the policy does not necessarily require the provision of off-road street parking. On balance, I consider the proposal to be acceptable and would not adversely affect the demand for parking within the area." The Highways Division did not object to this application
Formation of two apartments from existing first floor apartment, Flat 3 21 Demesne Road
Reason for refusal: "The conversion of the existing flat into two flats as proposed would be contrary to the Isle of Man Planning Scheme (Development Plan) Order 1982 and, in particular, the provisions of Planning Circular 2/88, regarding the proposal not providing any off street parking to ensure the provision of satisfactory vehicle parking arrangements and not providing a pleasant, clear outlook, particularly from the principal room(s) of Flat 3A."
