DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00221/B Applicant: Mrs Lee Jolly Proposal: Conversion of property to provide five apartments Site Address: 5 Mona Drive Douglas Isle Of Man IM2 4LG Planning Officer: Toby Cowell Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.07.2024

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the occupation of the development, a plan detailing both cycle and refuse/recycling storage provision within the site shall be submitted to the Department for approval in writing. Such provision will thereafter be delivered in full accordance with the approved plans and retained as such in perpetuity.

Reason: To ensure the appropriate delivery of cycle and refuse/recycling storage provision and in the interests of sustainable development.

This application has been recommended for approval for the following reason.

The proposed change of use to provide 5 no. apartments is considered to be acceptable in principle, without resulting in a material impact upon the character and appearance of the wider Conservation Area of the amenities of surrounding residential properties. It is further considered that future occupants would be afforded a high standard of living in a highly sustainable location, with the proposals not deemed to amount to a harmful impact upon the safety and convenience of the local highway network. The proposals are therefore deemed compliant with Spatial Policy 1, General Policy 2, Environment Policies 35 and 42, Housing Policies 1-4, and Transport Policies 4 and 7 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

The approval relates to the following drawings and documents referenced; J/834/3 - Site location plan J/834/1 - Existing plans L/834/2 - Proposed plans Covering letter Received 01.03.24

_______________________________________________________________ Interested Person Status – Additional Persons

None. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site relates to a four-storey mid-terrace building, comprising habitable accommodation across a total of 5 levels which includes the lower-ground floor. The site is located on the southern side of Mona Drive within close proximity to the Central Promenade to the south east, and forms part of an historic area of development dating from the late 1800s/early 1900s. - 1.2 The building in question is presently occupied by a 1-bedroom apartment at lowerground floor level, with a total of 15 bedrooms occupying the ground floor to third floor as part of a single House in Multiple Occupation (HMO). The site is further accessed by a narrow service lane at the rear, but does not benefit from any form of vehicular access or on-site parking provision.

2.0 THE PROPOSAL - 2.1 Planning permission is sought for the conversion of the existing property to provide 4 no. 2-bedroom apartments across the ground to third floors of the building, whilst retaining a 1-bedroom apartment at lower ground floor level. The proposals would necessitate only minor internal alterations only, with no external alterations proposed to the building in order to facilitate the conversion.

- 3.0 PLANNING HISTORY

3.1 None of relevance. - 4.0 PLANNING POLICY

4.1 Area Plan for the East (2020)

• 4.1.1 In accordance with the Douglas Central map within the Area Plan for the East, the site falls within an area zoned as 'mixed use'. The site falls within the Douglas Promenades Conservation Area, and an area of high flood risk from surface water.

4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy

• 1 Efficient use of land and resources
• 2 Development focussed in existing towns and villages 5 Design and visual impact

• 10 Sustainable transport
• 11 Housing needs

Spatial Policy

• 1 Development within the Douglas urban area General Policy
• 2 General Development Considerations

Environment Policy 10 Development and flood risk 35 Development in Conservation Areas

42 Designed to respect the character and identity of the locality Housing Policy

• 1 Housing needs
• 2 Adequate supply of housing through Area Plans
• 3 Provision of 2,440 homes in East area during 2011-2026 plan period
• 4 New Housing to defined existing towns

Transport Policy 4 Highway Safety 7 Parking Provisions

- 5.0 ADDITIONAL MATERIAL CONSIDERATIONS

5.1 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.

5.2 Our Island Plan (2022) Essentially sets out the overall ambition and vision for the Island from 2021 - 2026 with core strategic objectives to offer a 'secure', 'vibrant' and 'sustainable' Island. One broad aspect that is noted as a fundamental issue is; "Tackle the housing crisis by ensuring everyone has a suitable and affordable place to call home and our housing stock meets the needs of our population now and into the future". (page 3)

5.3 Climate Change Act 2021 completed its passage through Tynwald in April 2021 and subsequently received Royal Assent in December 2021. The Act requires a statutory five-year Climate Change Plan to be in operation at all times, ensuring a clear direction for the Island to achieve net zero carbon emissions by 2050.

5.4 The Climate Change Action Plan 2022-2027 was subsequently produced and published in July 2022 and outlines the actions Government must take to cut emissions over the next five years, so the Island remains on track to be net zero by 2050. The plan assigns a percentage emission reduction target to six policy areas, including energy, transport and agriculture that must be met. Some of the major actions include:

• o The provision of carbon neutral electricity supply by 2030
• o Bringing forward building regulations to ensure 97% energy efficiency in new buildings
• o Seeking to bring forward a ban on fossil fuel heating systems in new builds to 2024
• o The installation of 20MW of local renewables by 2026
• o Future introduction of further support for homeowners and tenants to aid the transition
• o The setting of a new interim emissions target of 35% by 2030.

5.5 Isle of Man Economic Strategy 2022

Approved by Tynwald in November 2022, the Economic Strategy outlines a 10-15 year strategy which seeks to, "…build a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man".

To achieve this vision, the strategy aims to make the Island a more attractive and prosperous place to live and work which it states will sustain and grow productive businesses and services. The plan outlines a £1bn long term public and private investment programme to secure 5,000 new jobs and a £10bn economy with infrastructure that can support 100,000 Island residents over the next fifteen years to 2037.

In terms of infrastructure and services, the plan seeks to actively invest in key services and infrastructure that attract and retain economically active people supported by a range of targeted incentives and disincentives to sustain targeted growth. The strategy also suggests example initiatives which, amongst other things includes the provision of suitable and affordable housing; housing especially for 20-40-year-olds; further support for the Island's education and skills offering; and affordable accessible childcare. The Plan recognises the importance of prioritising housing delivery in order to provide the housing stock to support the growth of the Island's population, employment and economic growth. The Plan states that without this, the economic potential of the Island will be held back and other policy measures will be less effective. The strategy also seeks to substantially decarbonise the service part of the economy by 2030, supporting an overall reduction of 35% in the Islands Greenhouse Gas emissions.

5.6 Built Environment Reform Programme (2022) BERP is a two year programme of work set out to develop commitments in the Island Plan to build great communities. The document also promotes brown field sites for regeneration and ways to stimulate development in the widest terms. (Strategic Objective 4) - 5.7 Isle of Man Objective Assessment of Housing Need 2024 (May 2024) This document has been produced to assist in the formation of the Island's strategic planning policy and to outline projected future housing need on the Island. The document has not yet been through Tynwald but nevertheless remains a useful document, and is therefore afforded a degree of weight in the determination of planning applications.

- 6.0 REPRESENTATIONS

6.1 Douglas City Council - The above planning application was given careful consideration by the Council's Environmental Services Committee at a meeting held on the 13th May 2024 when it was resolved to support the application subject to the applicant installing compartmental recycling bins within each apartment kitchen and that the applicant actively encourages the tenants to use the Council's communal recycling area in close proximity to the development site. This will create more space within the rear yard, negate the need for recycling bins and create an amount of space making it easier to manoeuvre bicycles stored in the rear yard bicycle store. The Council would also kindly ask that the applicant considers incorporating a ramp as part of the rear yard steps to provide ease of access for bicycles and for the movement of waste bins to the rear lane for collection. (13.05.24)

That the Council would kindly ask for a condition to be placed on any planning approval in that the waste bins should be placed in the rear lane for collection purposes only, and that the bins should be removed from the lane after collection and be placed within the designated bin storage area as shown on the plans within the rear yard. This is to ensure that there is no detrimental effect on the streetscene and to maintain ease of access along the rear lane for vehicles and pedestrians. (22.05.24)

6.2 Highway Services - Highway Services HDC have reviewed the updated information for application 24/00221/B dated 16 Apr 2024 by the Applicant and it appears that it addresses the requests made by HDC on the 12 Apr 2024.

The site is in a sustainable location close to bus stops on Douglas promenade, is walkable to town centre amenities and work in Douglas, will provide cycle parking for residents, and is similar to other adjacent buildings which has apartments without off-street parking provision. Therefore, HDC finds it acceptable that the site can have relaxed parking provision i.e. onstreet parking only, as it accords with Strategic Policy paragraph A.7.6 (a) - (d).

Accordingly, HDC no do not oppose (DNOC) the application subject to conditions on bins and cycles (details required for secure cycles required) conditioned on permission before first occupation and retained thereafter. (25.06.24)

6.3 Manx Utilities Authority - No response received at the time of writing.

6.4 Registered Buildings Officer - No response received at the time of writing. - 6.5 Manx National Heritage - No response received at the time of writing.

- 7.0 ASSESSMENT

7.1 The main issues to consider in the assessment of this planning application are as follows:

• - Principle of development (STP1,2, SP1, H1-4)
• - Character, design and visual impact (STP4,5, GP2, EP35,42)
• - Residential amenity (GP2)
• - Highways impacts and parking (STP10, TP4,7)

- 7.2 PRINCIPLE OF DEVELOPMENT

• 7.2.1 The application site falls within the urban area of Douglas which is noted to remain the main employment and services centre for the Island in accordance with Spatial Policy 1, whilst further being the main focus for new residential development. The site is also located within an area zoned as 'mixed use' as noted in Map 4 - Douglas, in the Area Plan for the East (APE), where there is general support for a range of use including residential. Moreover, the property is already in residential use comprising a self-contained apartment at lower ground floor level, with the remainder of the floors (ground to third) forming part of a 15-bedroom House in Multiple Occupation (HMO). Therefore, the principle of converting the property to contain 5 no. self-contained apartments in deemed acceptable.

- 7.3 CHARACTER, DESIGN AND VISUAL IMPACT

• 7.3.1 The proposals would not result in any external alterations to the existing building, therefore ensuring that the character and appearance of the immediate streetscene, and by extension that of the Conservation Area, would not be materially affected. The proposals are therefore deemed complaint with General Policy 2 and Environment Policies 35 and 42.

7.4 RESIDENTIAL AMENITY

• 7.4.1 The existing building is already in residential use and therefore the proposed change of use to 5 no. apartments would not result in a material impact upon the amenities of surrounding residential properties.

• 7.4.2 Turning to the living conditions of future occupants, it is noted that all apartments would exceed the minimum adopted standards with respect to floorspace, whilst further benefitting from sufficient levels of natural light and ventilation as per the existing situation. Whilst it is recognised that none of the apartments would be afforded any private amenity space, this would again be comparable to the existing situation with the building already in residential use whilst benefitting from a small area of outdoor communal space at the rear and side of the building.

• 7.4.3 In any case, the site is located in a highly sustainable location and within acceptable walking distances to public outdoor amenity areas, and in particular the sunken gardens on the Promenade and the Douglas Bay beach itself. On this basis therefore, it is considered that the absence of private amenity space for each of the apartments is appropriate in this instance. The proposals are therefore considered to be acceptable from a residential amenity perspective, whilst further providing sufficient levels of amenity and living standards for future residents, in compliance with General Policy 2 (g) and (h).

- 7.5 HIGHWAYS IMPACTS AND PARKING

• 7.5.1 The site does not benefit from any dedicated parking provision which represents a potential shortfall of 10 parking spaces on the basis of 2 parking spaces being typically required for residential units in accordance with the adopted parking standards.
• 7.5.2 Nevertheless, the site is located in a highly sustainable location with close proximity to bus stops along the Promenade, whilst further being situated within suitable walking distance of the city centre and the array of amenities on offer therein. Likewise, the site as noted is already in residential use with no dedicated on-site parking provision, which is further comparable to adjacent buildings in residential use which also do not benefit from on-site provision.
• 7.5.3 In light of the proposals including dedicated on-site cycle provision, together with recognising the site's sustainable location, it is considered that the absence of on-site parking provision would be acceptable in this instance. This position has further being supported by Highway Services, subject to further details being supplied with respect to cycle and refuse storage by way of condition.
• 7.5.4 Comments received from the local authority with respect to the storage of bins in the rear lane for collection purposes only are noted, as is the request for the attachment of a condition requiring their removal from the rear lane and storage within the designated bin storage area within the yard. Such matters however are outside of the control of planning and any future obstruction of the highway from the siting of refuse bins would be subject to enforcement under the Highways Act 1986.

- 8.0 CONCLUSION

8.1 The proposed change of use to provide 5 no. apartments is considered to be acceptable in principle, without resulting in a material impact upon the character and appearance of the wider Conservation Area of the amenities of surrounding residential properties. It is further considered that future occupants would be afforded a high standard of living in a highly sustainable location, with the proposals not deemed to amount to a harmful impact upon the safety and convenience of the local highway network. The proposals are therefore deemed compliant with Spatial Policy 1, General Policy 2, Environment Policies 35 and 42, Housing Policies 1-4, and Transport Policies 4 and 7 of the Isle of Man Strategic Plan 2016. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and

• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 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 above who should be given Interested Person Status

9.3 The Department of Environment Food and Agriculture (DEFA) 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 a Principal Planner 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: 10.07.2024 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.