Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91261/B Applicant: Carnane Estate Ltd Proposal: Conversion of existing office building into 7 no. 2 bed apartments. Site Address: 33 Bucks Road Douglas Isle Of Man IM1 3DE Planning Officer: Lucy Kinrade Site Visit: 05.12.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.01.2025 _________________________________________________________________

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 any apartment hereby approved, the access, car parking and footpaths shall be laid out and provided in full accordance with the details shown on drawing number P/00-03 Rev A and shall be retained as such thereafter.

Reason: in the interest of highway safety and ensuring spaces are provided for users of the site as considered as part of the application.

• C 3. Prior to the occupation of any apartment hereby approved, the bicycle storage area shall be provided in full accordance with the details and approved plans and shall be permanently retained thereafter for sole use by the building.

Reason: In the interests of promoting sustainable travel in the town centre and in reducing demand for private car use, minimising pollution and congestion.

• C 4. Prior to the occupation of any apartment hereby approved, the bin store shall be provided in full accordance with the details and approved plans and shall be permanently retained thereafter for sole use by the building.

Reason: In the interests of ensuring suitable bin store provisions for the occupants of the building and to help best maintain tidy appearance of the area in the interest of visual amenity. This application has been recommended for approval for the following reason.

The proposal meets with the land use designation of the site and is not out of keeping or out of character with the surrounding area. The proposal does not impact the streetscene nor result in the loss of any active frontage. Each of the proposed flats is to be provided with suitable outlook and facilities with a designated bin store and cycle parking within the rear car park area. Although not meeting car parking standards a relaxation in the car parking provision is accepted here given the provision of cycle parking, walking distances, proximity to public transport and town centre location. No new or adverse impacts are expected on any neighbours and conditions will helps to ensure car parking, cycle parking and bin storage is provided in accordance with the plans. for these reasons the application is considered to accord with Strategic Policy 1, Spatial Policy 1, General Policy 2 (b, c, g, h, i, m), Housing Policy 17, Transport Policy 7 and Appendices 7 and 7.6 of the IOM Strategic Plan 2016, and with Paragraph 9.10.6, Mixed Use Proposal 4, Section 6.5 and Urban Environment Proposal 1 of the Area Plan for the East 2020, and those principles of Residential Design Guide 2021, Manual for Manx Roads and Active Travel Strategy.

Plans/Drawings/Information; This approval relates to the following drawings and information:

• P/00-01 Rev 0 - Location Plan
• P/00-02 Rev 0 - Existing Site Plan with Ground Floor Layout

• P/10-01 Rev 0 - Existing Floor Plans
• P/10-02 Rev 0 - Proposed Floor Plans
• P/10-03 Rev 0 - Proposed GA Floor Plans - Apartment Extents and Areas

• P/11-01 Rev 0 - Existing Section A-A
• P/11-02 Rev 0 - Proposed Section A-A

• P/12-01 Rev 0 - Existing Elevations
• P/12-02 Rev 0 - Proposed Elevations

• P/15-01 Rev 0 - Bin Store - Visual Appearance

• All date received 7.11.2024 and validated/published online 11.11.2024

• P/15-02 Rev 0 - 2-Tier Cycle Shelter - Visual Appearance

• P/00-03 Rev A - Proposed Site Plan with Ground Floor Layout

• P/12-11 Rev - - Existing Elevations with Car Park Indicated
• P/12-12 Rev 0 - Proposed Elevations with Car Park Indicated Email from the agent dated 13.12.2024

• All dated online 17.12.2024 and published online 17.12.2024.

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

• o Local Authority Douglas City Council - no objections raised
• o Department of Infrastructure Highway Services - no objection subject to conditions which have been applied.

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of 33 Bucks Road, an existing detached office building sitting on the corner of Princes Street and directly opposite the junction of Albert Street. The building is three storey and with additional floor and office space within the roof. - 1.2 The building has a main stepped access of Bucks Road and at the rear has a private car parking area with vehicular access of Princes Street.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for conversion of the entire office building to form seven self-contained apartments each two bedrooms (Use Class 3.4). The apartments will be spread over all 4 floors, two on each lower floor and one penthouse on the top floor. - 2.2 Each flat comprises open plan living space and kitchen, two bedrooms one with an ensuite and a main bathroom. There is a lift internally to all floors and level access into the building at the rear. - 2.3 The proposal includes for the alteration to the layout of the rear car park area including the provision of designated cycle and bin store areas and the formation of the car park to be allocated with 8 car parking spaces (one of which is a disabled space). - 2.4 There are no external works proposed to the main building. All existing windows and roof are shown to be retained and made good, along with all existing finishes to be made good including re-pointing of brickwork.

3.0 PLANNING HISTORY - 3.1 No. 39 Bucks Road has recently been subject to two similar applications for conversion from offices to residential:

• o PA 22/00445/B - Conversion of existing offices into 4 self-contained 1 bedroom apartments and 1 studio apartment - REFUSED
• o PA 23/00372/B - Conversion of existing offices to form two self-contained apartments APPROVED

3.2 The refused application was refused on the grounds that three of five flats had an undesirable outlook to the rear. The later 2023 application reduced the number of flats and altered their internal arrangement so as to include primary windows with outlook over Bucks Road and this was considered acceptable.

4.0 Planning Policy Site Specific - 4.1 The site is within an area designated on the Area Plan for the East 2020 as Mixed Use and within St Georges Proposal Area 4. The site is not within any Conservation Area, is not a registered building and is not recognised as being at any flood risk. Strategic Policy - 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

• o Strategic Policy 1 - states that development should make the best use of resources by
• optimising the use of redundant buildings and under-used land and buildings.
• o Strategic Policy 5 states: New development designed to make a positive contribution
• o Spatial Policy 1 - development in Douglas
• o General Policy 2- development standards (b, c, g, h, i, m, n)
• o Para. 8.1.1 states: "The principal objective of the Government's housing policy is to ensure that sufficient housing, to appropriate standards, is made available to meet demands created by the growth in population and changing household sizes."
• o Para. 8.1.5 states: "The Department has determined that it is necessary to plan for 5100 additional dwellings over the Plan period 2011 to 2026."
• o Para. 8.13.1 states: "There are in the Island, and particularly in Douglas, many substantial buildings which, because of their size or form, are no longer suitable for the
• originally intended use as either single dwellings or holiday accommodation, but which are still structurally sound. The Department has for many years encouraged the conversion of such buildings where appropriate, into flats."
• o Housing Policy 17 - general standards sought in the conversion of buildings including clothes drying, refuse, amenity and if practical car parking, pleasant and clear outlook

• particularly from principal rooms, and if possible creation of parking on-site or as part of overall traffic management strategy.
• o Transport Policy 7 - parking provision in accordance with standards.
• o Appendix 7 - sets out Parking Standard. For apartments, there should one space for a
• one-bedroom apartment or two spaces for a two-or-more-bedrooms apartment.
• o Appendix 7.6 - standards can be relaxed under certain circumstances, such as "(d) the proposal 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."
• o Community Policy 7, 10 and 11 - prevent criminal and anti-social behaviour and
• outbreak and spread of fire and provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes. o Infrastructure Policy 5 - water conservation

4.3 Area Plan for the East:

• o Paragraph 9.10.6 Mixed Use Area 4 - St George's - This is the business district of Douglas and is characterised by offices, many serving financial institutions. Athol Street is notably the core of this area and is representative of the economic well-being of the Island. There is a smattering of food and drink uses supporting the area. The primary office frontage along Athol Street is notated by the hatched line on Map 5.
• o Town Centre - Mixed Use Proposal 4 There will be a presumption in favour of offices and financial and professional services along Athol Street. Within the area, but outside of Athol Street, offices, financial and professional services, food and drink and some residential uses will also be acceptable. Uses which conflict with these will generally not be supported. As this area lies partly within a Conservation Area, development plans should pay regard to the Conservation Area Character Appraisal for Athol Street and Victoria Street
• o Section 6.5 - Ensuring the efficient use of land and buildings
• o The density of development should be in keeping with the character of the local area. Higher densities will be more appropriate in the central areas of Douglas, Onchan, Laxey and Union Mills. Much of Douglas' celebrated seafront contains four and five storey hotels and apartment blocks which provide a distinctive visual image of the Capital and a highly practical form of space conscious living for a modern town.
• o Lower densities may be considered more acceptable in instances where there are site specific constraints, a need to provide additional levels of infrastructure or where the current character or appearance of the area necessitates a development of a lower density.
• o The subdivision of buildings for residential use can provide an appropriate source of housing and can lead to the more efficient use of existing buildings. Subject to other Strategic Policies, as well as the Proposals in this Plan, particularly in relation to amenity and the design
• of any alterations to allow the subdivision, such proposals will be supported.
• o In recent years, the Douglas town centre in particular has lost some of its population. The town effectively empties after the working day. Historically, people lived above the work spaces of shops, offices and workshops in Douglas creating a vibrancy that is perhaps lacking today. This Plan encourages the reintroduction of people living in the mostly vacant floors above the town's shops and offices. More people living in the town will, it is hoped, create a more vibrant environment which will have a positive impact upon the day time and particularly, the night time economy within the town and will also enable us to respond to changes in new and emerging working patterns.
• o Urban Environment Proposal 1 - The creation of residential units on the upper stories of buildings particularly in Douglas town centre or the subdivision of buildings (particularly in the case of older and underused buildings) for residential use will generally be supported provided proposals do not conflict with other strategic policies or proposals in this Plan. PPS and NPD

4.3 There is no planning policy statement or national policy directive applicable to this application.

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance

• o Residential Design Guide 2021
• o Manual for Manx Roads
• o Active Travel Strategy

6.0 REPRESENTATION Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Douglas City Council - comments (29/11/2024) lack of any secure bicycle storage. Applicant should consider the installation of a secure sheltered bicycle and facilities for such items as baby carriages and bicycles must be provided. - 6.2 Department of Infrastructure Highway Services - further information was requested 04/12/2024 and provided by the applicant. Updated comments from highways received 07/01/2024 - Do Not Oppose Subject to Conditions.

• o Plans address the parking, mobility and pedestrian access issues and provide cycle parking
• o Car parking spaces fall below Strategic Plan 14 spaces, but provides one space per apartment and with 1 visitor space, required
• o The provision of 8 spaces falls short of the Strategic Plan standards for 14 spaces. However, is in a sustainable location within Douglas centre suitable for walking, cycling and public transport alterative options.
• o Cycle shelter can accommodate the minimum standard of one space per bedroom, which provides further justification for the vehicle parking relaxation.
• o The proposal raises no significant road safety or highway network efficiency issues. No
• objection subject to condition for all access arrangements to accord to drawing no. P/00-03 Rev A, and for parking spaces and highway improvement to be complete and available for use prior to first occupation. A S109(A) Highway Agreement is needed after the grant of planning consent.

6.3 The following were also consulted but no response received as of 10/01/2024: o Manx Utilities o Department of Education, Sport and Culture

7.0 ASSESSMENT Elements of Assessment

7.1 Not to dissimilar from those similar change of use applications under 22/00445/B and 23/00372/B, the key considerations in the determination of the application are:

• i. the principle of the proposed use in terms of land use designation and strategic and spatial policy testing,
• ii. visual or character impacts on site and surrounding areas
• iii. living amenities of future occupants
• iv. its impact on parking provision
• v. any impact on amenities of the neighbouring properties

• i. the principle of the proposed use in terms of land use designation and strategic and spatial policy testing,

7.2 The site falls within Mixed Use Area 4 - St George's which is recognised as being the business district of Douglas mostly characterised by offices and with a smattering of food and drink uses supporting the area. It recognises Athol Street as the core and having the main primary office frontage. Mixed Use Proposal 4 states that Athol Street should be maintained for offices, financial and professional services, but that outside of Athol Street a mix of offices, financial and professional services, food and drink and some residential uses will be acceptable.

The proposal would result in the re-use of an entire office building into new residential use in an area outside of Athol Street, such a use would not undermine the mixed use designation nor the proposals for that area and would be acceptable in principle.

• ii. visual or character impacts on site and surrounding areas

7.3 There is often concern that conversion from a commercial nature into private residential can erode the character and quality of streetscene and take away important active frontages. The nature of occupation of those buildings also potentially impacting the character of an area. - 7.4 The existing building in this case has a main stepped entrance along Bucks Road, but the nature of the road and pavement levels, and the height and design of the windows does not lend itself to being a typical 'active' frontage like those shops along the opposite side of the road and those offices along Circular Road and Athol Street. - 7.5 No physical works are proposed to the external elevations and the main front access is to remain as is, no visual changes are expected as a result of the proposal and the overall streetscene appearance is to remain unchanged. - 7.6 The nature of occupation will result in some changes to activity in and around the building throughout the day, while office use is likely to have a higher concentration between typical 9-5, a use for residential may see more activity outside of those hours. TAPE states that "more people living in the town will, it is hoped, create a more vibrant environment which will have a positive impact upon the day time and particularly, the night time economy within the town", the 2019 Permitted Development Changes of Use Order also allows for the conversion of existing upper floors of some town centre buildings to residential use without the need for planning (subject to conditions). Minded of the established mix of town centre uses in this immediate area of Bucks Road and the designated residential uses in the surrounding streets, that use of this building for entirely residential purposes is considered to be acceptable and not to result in any adverse impact to the overall character of the area.

• iii. living amenities of future occupants

7.7 The flats are split to two per floor with the seventh flat occupying the entire roof area. Each of the flats has outlook at the front over Bucks Road from their main living spaces and at the rear over the open car park, rear lane and Princes Road. This arrangement is considered to be acceptable and meeting the minimum requirements for clear or pleasant outlook from primary windows which includes a view of a highway from at least one primary window. - 7.8 The site does not offer any private garden or external amenity space, although does benefit from being in close proximity to many public gardens as well as the Promenade which are accessible to future occupants. Given the nature of the proposal being a conversion in this case, not a new building and minded of the central town centre location and shared public amenity space available in the area that this situation is acceptable in this case. - 7.9 Objections were received regarding cycle and bin storage both of which have now been provided for within the rear parking area and accessible for use by all occupants.

• iv. its impact on parking provision

7.10 Parking layout at the rear has been amended to provide 8 car parking spaces, one of which is a disabled user space. This provides for at least 1 space per apartment and leaving 1 space available for visitors. The site is in the centre of Douglas, close to existing public transport links and within walking distance to a variety of shops, services and amenities meaning that a relaxation of parking standards can be considered in this case as per Appendix

• 7. Combined with the provision of cycling parking within the site, it is considered that the parking provision is considered acceptable in this case.

• v. any impact on amenities of the neighbouring properties

7.11 The site is located in an area of high density development and where there is already a mixes of uses. The use of the building for residential purposes is not considered to result in any new or increased adverse impacts on amenities of any surrounding properties or neighbours above or beyond the existing office occupation and is considered acceptable.

- 8.0 CONCLUSION

8.1 The site sits on the outskirts of Mixed Use Area 4 and is surrounded by residential streets to its northern edge. There are a mix of office, shops and residential uses in this immediate area and the proposal would not be out of keeping or out of character with those uses. The proposal would not result in the loss of any active frontage given the design and layout of the existing building and would not undermine those proposals in the Area Plan for the East which seeks to protect Athol Street as the main hub. In this respect the proposal is considered to align with Strategic Policy 1, Spatial Policy 1 of the IOM Strategic Plan and with Paragraph 9.10.6, Mixed Use Proposal 4, Section 6.5 and Urban Environment Proposal 1 of the Area Plan for the East 2020.

8.2 Each of the flats is to be provided with suitable outlook and basic facilities and with a designated bin store in the rear car park. Layout, car parking and number of spaces is considered to be acceptable given the town centre sustainable location and proximity to bus routes and walking distances and the cycle parking provision provided in the car park. The proposal is not expected to result in any new or increased adverse impacts on any neighbouring properties or any neighbouring living conditions. In this respect the proposal is considered to align with General Policy 2 (b, c, g, h, i, m), Housing Policy 17, Transport Policy 7 and Appendices 7 and 7.6 of the IOM Strategic Plan 2016 and those principles of Residential Design Guide 2021, Manual for Manx Roads and Active Travel Strategy. - 8.3 Conditions will be added to ensure the car parking, access, layout, bin store and cycle parking are all provided in full accordance with the details submitted. - 8.4 The local authority only provided comments on the application and no formal objection. Nevertheless cycle parking was provided in subsequent drawings and is to be conditioned as per above.

- 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

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, and/or rights to appeal.

Decision Made : Permitted Date : 16.01.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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