Officer Planning Report

Planning Report And Recommendations {{table:20285}} {{table:20284}}

Officer's Report

Introduction

1. This application seeks permission to convert an existing property to form three flats. The building is located within a residential area of Douglas.

The Site

1. The application site is the curtilage of 38 Demesne Road, Douglas, a mid-terraced property located on the north western side of the road. The building has a small rear yard which is accessed via a service lane. The application sets out that at present the property is categorised as commercial as it has been used as a bed-sit for hotel staff.

The Proposal

1. This application seeks approval for the conversion of the building to form three self-contained flats. The ground floor of flat would include the basement of the building. The plans show that this flat would have 1 bedroom however the basement could be used as a bedroom. The first floor flat would have two bedrooms and the remaining two floors would be converted to a three bed duplex apartment. No parking would be provided within the application site.

1. The applicant has set out the following:

1. "There is no on-site parking shown as none can be provided on the site. The building has the advantage of being within three properties of a wide road where parking is permitted. However I would suggest that rather than exacerbating a parking problem in Demesne Road the situation has been eased as the building has been previously used to house 11 Mount Murray hotel staff since 2002 and the present proposal will produce a family occupancy of three."

Planning Status

1. The application site is located within an area identified as being Predominantly Residential use by the Douglas Local Plan. The site is within an area that is an Urban Regeneration Study Area. The site is within a Conservation Area.

1. Within the Isle of Man Strategic Plan, the following policies are judged to be relevant:

General Policy 2, which 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."

1. Environment Policy 35, which states:

"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."

1. Housing Policy 17, which 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."

1. Transport Policy 7, which states:

"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

Planning History

1. This site has not been the subject of previous planning applications. However, the following previous planning applications relating to properties within Demesne Road are considered relevant in the assessment and determination of this application:

1. 11/00423/B - 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.

1. 10/00673/B - Conversion of dwelling house to provide two flats, 33A Demesne Road. Two off-street parking spaces were provided as part of the development proposal. Approved.

1. 10/00214/B - 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. Approved.

1. 09/1809/B - Conversion of ground floor apartment to two apartments (retrospective) and conversion of first and second floor store rooms to a maisonette, 15 Demesne Road. Refused.

Reason for refusal:

R1 – "The proposed development would result in additional demand for street parking which would adversely affect the existing character of the Conservation Area; harm the amenity of others; and result in highway safety issues. The proposed development would thus be contrary to General Policy 2, Environment Policy 35 and Transport Policy 7 of the Isle of Man Strategic Plan 2007."

R2 – "The proposed development is an over-intensive form of development which undermines the character of the Conservation area and would result in substandard living accommodation for future occupiers. The proposed development would thus be contrary to General Policy 2, Environment Policy 35 and Housing Policy 17 of the Isle of Man Strategic Plan 2007."

1. 09/01159/B - Refurbishment works and creation of six self contained apartments, 19 Demesne Road. This was an amendment to a 2001 application. Approved.

1. 09/00951/R - Conversion of guest house to four flats including basement and integration with adjacent property, 61 Bucks Road & 4 Demesne Road. Approved.

1. 07/00904/A - 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. Approved.

1. 05/01848/B - Formation of two apartments from existing first floor apartment, Flat 3 21 Demesne Road. Refused.

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."

REPRESENTATIONS

1. Douglas Borough Council does not object to this application.

1. The Highways Division recommends that this application be refused. They have stated that in accordance with the IOM Strategic Plan, 5 off street parking spaces should be provided for this development. There is a reduction in bedrooms from 10 to 6, the change of use from bed-sit to apartments is likely to generate more car ownership. Demesne Road is already heavily congested with residential parking. The highways Division have spoken with the applicant and submitted a more detailed response to the proposal. This states:

"The Highways Division originally objected to this application on the grounds that:

There are no details of how the application intends to meet the parking standards for apartments and would like to add the following comments to be considered.

The Isle of Man Strategic Plan was adopted in 2007. Appendix 7 defines the parking standards that are required across the Island for various types of development. Table A.7.6 states that for apartments there should be

1 space for 1 bedroom; 2 spaces for 2 or more bedrooms

And 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.

This application is for 1 x 1 bedroom and 1 x 2 bedroom and 1 x 3 bedroom apartments requiring 5 parking spaces to accord with the strategic plan. The existing building is a single dwelling and would have a much lower parking requirement.

It is accepted by the Department that the existing building has no parking provision however as a single dwelling used to accommodate hotel staff would be expected to generate less parking requirement due to car ownership than 3 individual apartments.

The applicant has made no attempt to address the increase in parking requirement and has not requested a reduction in the standard as outlined above.

Until the issue of parking is addressed the Department has no option but to object to the application."

1. The Manx Electricity Authority has provided an advisory note relating to electricity connection.
2. The Environmental Health Officer from the Department of Environment, Food and Agriculture as provided advice in relation to the Housing (Flats) Regulations 1982.

ASSESSMENT

1. The main issues to be assessed in the consideration of this application are impacts upon the conservation area, whether the proposed flats would be provided with a sufficient level of amenity and whether the proposal would result in unacceptable on-street parking.

Impacts upon the conservation area

1. The submitted plans do not show any external alterations to the building and as such it is judged that impacts upon the external appearance of the building and the wider area would be negligible

Whether the proposed flats would be provided with a sufficient level of amenity

1. Housing Policy 17 provides guidance on the conversion of existing buildings to form flats. With regard to amenity, the following are set out:

• (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

1. In this case, each of the proposed flats would have a living room which would face onto Demesne Road. This is judged to be acceptable as these rooms would have an outlook onto a main public thoroughfare. The main bedrooms of proposed flat 1 and proposed flat 2 are shown to have no source of natural light. This is judged to be unacceptable as these rooms would have a poor living environment. On this basis the proposal fails part (b) of Housing Policy 17.

Whether the proposal would result in unacceptable on-street parking

1. It is important to consider any impacts upon parking when assessing applications such as this which propose the conversion of buildings to flats. Over time, the gradual conversion of buildings to flats will begin to have a negative impact upon the ability of the highway to function due to congestion caused by on-street parking. Whilst provision is made within the Strategic Plan for a reduced level of off-street parking, this is only acceptable where it can be demonstrated that this would not result in unacceptable on-street parking. Furthermore, as more and more conversions are implemented without parking in accordance with current standards, pressure for in-street parking will be increased.

1. Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. Appendix 7 sets out that for apartments the standard is 1 space for 1 bedroom; 2 spaces for 2 or more bedrooms. At the end of Appendix 7, it is stated 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."

1. It is judged that the case is somewhat balanced due to the fact that the existing use of the building as bed-sit rooms has the potential to result in a demand for parking in the area. However, the use of the building as three self-contained flats is likely to generate more demand for parking as car ownership and use would probably be greater. The applicant indicates that the bed-sit use served staff from a local hotel. There is a possibility that residents would have car-shared as they were travelling to and from the same work destination. On balance it is considered that the proposal to convert the property to form flats would result in an increased potential for unacceptable on-street parking in an area that is already heavily congested at present.

1. As the planning history of the area shows, the area has a relatively high proportion of buildings that have been converted to flats. Some of these were converted before the introduction of the Strategic Plan 2007. Furthermore, each case will have been assessed on its merits at the time of submission. It is clear that some applications have included off-street parking whilst others have not. It is noted that over time, the approval of conversions of buildings to flats will have generated more on-street parking on Demesne Road. It is judged that the parking situation within Demesne Road is at a point of saturation whereby further conversions of buildings which include no off-street parking as part of the development will be unacceptable as they will further exacerbate the existing problem. Accordingly the proposal fails to meet Transport Policy 7 and it is judged that an exception cannot be made for no off-street parking to be provided in this case as this would result in unacceptable on street parking in the locality.

Recommendation

1. It is recommended that this application be refused on the basis that the development would not be served by any off-street parking and as such would intensify existing on-street parking in an area where on-street parking is already a problem. Furthermore, the provision of bedrooms without a natural source of light is judged to be contrary to Housing Policy 17.

Party Status

1. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

1. Accordingly the following parties are not granted Interested Party Status:

The Manx Electricity Authority The Environmental Health Officer from the Department of Environment, Food and Agriculture

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 09.08.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

The proposed development would not be served by any off-street parking and as such would intensify existing on-street parking in an area where on-street parking is already a problem. Accordingly the application fails to comply with Transport Policy 7 of the Isle of Man Strategic Plan 2007.

R 2.

The provision of bedrooms without a natural source of light would provide an unacceptable level of amenity for future occupiers of the proposed flats which is judged to be contrary to Housing Policy 17.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date : 9.8.12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager