DEC Officer Report

Application No.: 19/01189/B Applicant: Stanley Properties Limited Proposal: Conversion of office (Class 4) to a residential apartment Site Address: Office Rear Of 46 Bucks Road Douglas Isle Of Man IM1 3AD Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.12.2019 _________________________________________________________________

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.

• C 2. The garage shall remain available for the parking of private motor vehicles at all times. Reason: In the interest of highway safety and to reduce parking pressure in the area.
• C 3. The garage shall be used only to park private motor vehicles used by occupants of the apartment hereby approved to the rear of 46 Bucks Road, Douglas. Reason: In the interest of highway safety and to reduce parking pressure in the area.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference number 219/001 all received on 28th October 2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site relates to the rear of 46 Bucks Road, Douglas. The property is an attached two half storey building which is accessed via the rear lane which runs between Mona Street and Albert Street. While the building is physically attached to the rear of 46 Bucks Road it is an independent unit which gain approval to be used as a office unconnected to the business which operates from Nr 46 (restaurant).

2.0 THE PROPOSAL - 2.1 The application seeks full approval for the conversion of office (Class 4) to a residential apartment. The ground floor (as existing) would be used for the parking of a single car, secure bike storage and bin storage. The first floor and second floor would accommodate a one bedroom apartment. The access to the unit would be either via the rear garage door or the existing pedestrian door also to the rear. This pedestrian door would be shared with the restaurant which operates from Nr 46.

3.0 PLANNING HISTORY - 3.1 The previous planning applications are considered relevant in the determination of this application: - 3.2 Change of use of existing storage units to provide a self-contained office with associated parking provision - 15/00476/C - APPROVED - 3.3 Erection of a three storey extension to rear elevation for storage purposes - 09/02006/B

- APPROVED

3.4 Change of use from take-away food unit to restaurant (Nr 46) - 96/01439/C APPROVED 50 Bucks Road, Douglas - 3.5 Erection of extension to rear elevation and conversion of upper floors into two apartments - 50 Bucks Road, Douglas - 15/00370/B - APPROVED

- 4.0 DEVELOPMENT PLAN POLICIES

4.1 The application site is within an area designated as "Predominantly Residential" under the Douglas Local Plan Order 1998. 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 CONSULTATIONS

5.1 DOI Highway Services have no objection (on 18.11.2019): - 5.2 Two correspondents from Douglas Borough Council have been received. Initially their comments where (on 22.11.2019);

"I would like to bring to your attention a couple of matters that may be picked up upon when it comes to the registration of the above as a flat, if the application is approved by the planning officer/committee.

The applicant may wish to give consideration to the Isle of Man Housing (Standards) Regulations 2017 in particularly Schedule 2 items 8,9 and 10. In order for the flat to be registered if the application is approved, the applicant/owner of the property will need to ensure that there is adequate space available for the storage of waste, food storage and for the washing and drying of clothes.

By asking the applicant to give consideration to these matters at this stage of the planning process we are trying to assist as best as possible when it comes to the flat registration process should the application be approved.

Please feel free to share the content of this email with the applicant on our behalf."

• 5.2.1 Further comments commented they had no objection (29.11.2019).
• 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; (c) potential impact of the works to the street scene; and (d) 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 residential use under the Douglas Local Plan. Given that the use of the proposed development would be residential, it is 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 Given the property is a one bedroom unit there is a requirement of 1 space. This is provided as well as space for at least two cycles. Accordingly, the proposal complies with the Parking Provision of the IOM Strategic Plan.
• 6.4 Thie site is also within within walking distance of the town centre where shops and employment are located, as the site is very close to major bus routes. POTENTIAL IMPACT OF THE WORKS TO THE STREET SCENE
• 6.5 In this case the only external works are the widening of the existing first floor window. This raises no concerns. POTENTIAL PRIVATE AMENITY FOR FUTURE OCCUPANTS
• 6.6 As outlined within Housing Policy 17 each apartment needs to have a "pleasant clear outlook, particularly from the principal rooms". Arguable this is the main issue relating to this application. The primary living room (i.e. lounge/dining room) at first floor level would have a window which would have views of the parking area to the east of the site and angled views towards Albert Street and Mona Street. While the views obtained are not especially attractive, they are reasonably clear and pleasant. It is noted approval was granted for residential apartment to the rear of Nr 50 Bucks Road which is nearby and has a similar outlook which was deemed acceptable. According it is also considered acceptable in this case.

6.9 The apartment would have its own bin store (sufficient space for recycling bins as well), and secure storage space within the ground floor garage which will be of huge benefit to the occupants of the flat. While no outside drying space, this generally hasn't been considered as unacceptable in a number of similar application throughout he Island. It is generally accepted that tumble dryers are a acceptable alternative. Overall it is consider the proposal would comply with Housing Policy 17. - 7.0 RECOMMENDATION

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 can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 18.12.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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