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Application No.: 24/00003/B Applicant: Pearl Healthcare Proposal: Variation of condition 1 of application 19/01325/B for alterations, conversion of garage and erection of a single storey extension, to extend the period of approval for a further 4 years Site Address: Tudor Lodge 18 Stanley Terrace Douglas Isle Of Man IM2 4EP Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.02.2024
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. It is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference number AT 785.2 REV 2 received on 03.01.2024. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________
1.0 THE SITE - 1.1 The application site is the curtilage of Tudor Lodge Residential Care Home, Stanley Terrace, Douglas. The property is situated at the end of the terrace with its north western elevation facing onto Marathon Road. To the rear of the property is Stanley Place land which runs between Stanley Terrace and Victoria Place. The property is currently served by a garage which is detached from the building and is accessed from Stanley Place.
2.0 THE PROPOSAL - 2.1 This application seeks approval for variation of condition one of PA 19/01325/B to extend the period of permission by an additional four years. - 2.2 The previous applications 19/01325/B and 15/01332/B were also approved on the basis of the variation of application 11/01029/B - condition one to extend the period of 4 further years. The original application (11/01029/B) sought approval for alterations, conversion of garage and erection of a single storey extension to provide additional living accommodation. The extension would link the ground floor of the property to the garage to provide a laundry room, day room and a corridor to an additional two en-suite bedrooms. The day room would have a window facing onto the remainder of the rear yard along with a pitched roof light well in the roof. The two bedrooms would each be served by a roof light and a window in the boundary wall which abuts Stanley Terrace. Bin storage would continue to be provided in the space beneath the external fire escape.
3.0 PLANNING POLICY - 3.1 The application site is located within an area identified as being Predominantly Residential by the Area Plan for the East. The site is within a Conservation Area. - 3.2 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:
3.3 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character and appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 3.4 Paragraph 10.11.1 of the Strategic Plan sets out the following: "Health care facilities such as nursing homes, residential homes, or training centres are usually sited within residential areas, but can generate activity and traffic which has detrimental effects on the amenity and character of these areas. The following policy is therefore adopted." - 3.5 Community Policy 6 states: "New community health care facilities and extensions to existing facilities will be permitted provided that they:
3.6 Housing Policy 17 states: "The conversion of buildings into flats will generally be permitted in residential areas provided that:
4.0 PLANNING HISTORY - 4.1 The application site has been the subject of a number of previous planning applications which are considered materially relevant to the assessment of this application: Approvals for a differing scheme - 4.2 Demolition of rear outlet / garage and erection of detached building to provide bedroom accommodation - 20/00565/B - APPROVED - 4.3 Registered Building consent for the demolition elements relating the application 20/00565/B - 20/00566/CON - APPROVED Relate to current application - 4.4 Variation of condition 1 of application 15/01332/B for alterations, conversion of garage and erection of a single storey extension, to extend the period of approval for a further 4 years
4.5 Variation of condition one of PA 11/01029/B to extend the period of permission by an additional four years - 15/01332/B - APPROVED - 4.6 Alterations, conversion of garage and erection of a single storey extension to provide additional living accommodation - 11/01029/B - APPROVED at Appeal. - 4.7 Alterations, conversion of garage and erection of a single storey extension to provide additional living accommodation - 06/00484/B - APPROVED - 4.8 Erection of staff accommodation with integral garage to replace existing garage/store to rear - 00/01057/B - REFUSED at Appeal - 4.9 Change of use to residential care home - 92/00384/C - APPROVED
5.0 REPRESENTATIONS - 5.1 The Highways Services of the Department of Infrastructure comments they have no highway interest (received on 12.01.2024). - 5.2 Douglas Corporation does not object to this application (19.01.2024).
6.0 ASSESSMENT - 6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years to the time in which the permission should be implemented.
6.2 The principal issue in the assessment of this application is whether there have been any material changes, in planning terms, since the application was last approved; for example policy changes, a change to the land use designation, new or altered legislation, or site circumstances) that would lead to a different decision being made. - 6.3 Since the initial approval there have been no material planning changes which have arisen. The Area Plan for the East has been adopted, albeit the land use designation is as the previously Douglas Local Plan. Further the Isle of Man Strategic Plan 2016 has not been superseded and therefore continue to comprise the Development Plan. There have not been any relevant appeal decisions that indicate a different approach to those policies should be taken. No new legislation has been brought into force.
7.0 RECOMMENDATION - 7.1 It has been previously assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the natural environment or cause undue harm on public amenity. No significant material circumstances have altered since the original approval in principle was issued. - 7.2 Accordingly, it is considered for those reasons it is appropriate to approve the variation of condition 1 and extend the approval for a further four years from the date of the decision notice, and that the other conditions previously attached to that approval be carried forward here, should this recommendation be accepted.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 12.02.2024 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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