Planning Officer Report and Statement

Douglas Borough Council Council Valley Corpagh Doolish Kathleen Rice BA (Hons), Solicitor Chief Executive The Planning Appeals Administrator Planning Appeals Office Chief Secretary's Office Government Office Bucks Road Douglas Our Ref NJK/11 Your Ref L01NEW/AP13/0045 16th April 2013 Dear Sir ### Town And Country Planning (Development Procedure) Order 2005 #### Planning Application No. 13/00164/B ### Appeal Against Refusal For Conversion Of Residential Dwelling To Provide Four Apartments, 6 Stanley Terrace, Douglas I write to acknowledge receipt of your letter dated 8th April 2013 seeking additional evidence in relation to the planning appeal for the above application, and I would advise that I do not wish to add comments already submitted on behalf of Douglas Borough Council. Yours faithfully, N J Kaighin Building Control Manager P.O. BOX NO. 2, TOWN HALL, RIDGEWAY STREET, DOUGLAS, ISLE OF MAN, IM99 1AD TELEPHONE: (01624) 696300 ## Statement Of The Planning Authority Appeal no: AP13/0045 Planning Application No: 13/00164/B Subject: Appeal against refusal for conversion of residential dwelling to provide four apartments, 6 Stanley Terrace, Douglas, Isle of Man, IM2 4EP ### Appeal By: The applicant against the Planning Authority's decision to grant planning refusal Statement Prepared by: Miss M E Mcknight BSc (Hons) MCD, Assistant Planning Officer ## Contents Part 1: Case Officers Report Part 2: Set of Minutes of the Planning Committee meeting dated 25/03/2013 with confirmed reason for refusal. Part 3: A copy of the decision notice issued by the Department 2nd April 2013. Part 4: Aerial photograph of the application site. Part 5: A set of photographs demonstrating the application site. Part 6: A set of suggested conditions in the event that the appointed Planning Inspector is minded to recommend that the application be approved. Part 1: Case Officers Report ## Planning Officer Report And Recommendations {{table:378284}}

Officer's Report

THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS THE RECOMMENDATION IS CONTRARY TO THAT OF THE HIGHWAY DIVISION

The Application Site

1. The application site is the curtilage of No. 6 Stanley Terrace, a three storey mid terraced building sited on the north eastern side of Stanley Terrace, Douglas within the Ballaquayle Road Conservation Area.

The Proposal

1. The planning application seeks the approval for the conversion of an existing dwelling into four two bedroomed apartments.

1. The proposal also includes the replacement of the existing first and second floor sliding sash windows with sliding sash uPVC framed windows, the replacement of the existing ground floor front elevation window to be replaced with a like-for-like window, the removal of an existing window in the north side elevation to be replaced with uPVC framed French doors, the removal of a door and frame also on the north side elevation to be replaced with a single window and the replacement of the existing roof lights with new heritage style Velux roof lights.

Planning History

1. The application site has not been the subject of any previous planning applications.

1. To establish a context for similar proposals in Douglas, 104 Bucks Road has been the subject of two previous planning applications that are considered specifically relevant to the assessment of this current planning application:

PA 10/01425/B: Conversion of former guest house into five apartments including the installation of dormers and replacement windows. This previous planning application was refused on the grounds that the introduction of a second dormer would not preserve or enhance the character and appearance of the Conservation Area and would be detrimental to the visual amenities of the locality. The previous planning application was taken to appeal and subsequently approved.

PA 10/01069/B: Conversion of former guest house into five apartments including the installation of dormers and replacement windows. This previous planning was refused on the grounds that the dormer neither preserved nor enhanced the character and quality of the Conservation Area.

1. 106 Bucks Road has been the subject of two previous planning applications that were granted planning approval and are considered specifically relevant to the assessment of this current planning application:

PA 11/01445/B: Conversion of former guest house to five apartments including the installation of dormers, replacement windows and rear roof balcony (amendment to PA 11/00572/B).

PA 11/00572/B: Conversion of former guest house to five apartments including the installation of dormers, replacement windows and rear roof balcony.

1. 61 Bucks Road \& 4 Demesne Road have been the subject of a number of previous planning applications, one of which was granted planning approval and considered specifically relevant to the assessment of this current planning application:

PA 09/00951/R: Conversion of guest house to four flats including basement and integration with the adjacent property.

As such, it can be seen that there are many areas of Douglas where there are properties which are considered too large for occupation as a single dwelling, or no longer suitable or desired for use as a guest house and where in some instances alternative uses which may generate a need for parking spaces which cannot be provided on site.

Planning Policy

1. In terms of local plan policy, the application site is designated as Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 1 (Central Area). The application site is within the Ballaquayle Road Conservation Area.
2. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that are considered specifically material to the assessment of this current planning application:

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;
• (I) 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."

Environmental Policy 35 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."

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 principle 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.

Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Departments current standards."

Appendix 7 sets out the parking standards for different types of development. For apartments: "1 space for 1 bedroom; 2 spaces for 2 or more bedrooms."

Representations

1. The Highways Division has made a representation towards the current planning application stating:

"In accordance with the IOM Strategic Plan, 7 off street parking places should be provided for this development. Taking into account the location, bus route and reuse of the building, 1 space per apartment should be provided which the proposed development is unable to do."

1. The Manx Electricity Authority wishes to express an interest in this planning application and request that the applicant contacts the MEA Planning Department to discuss the electricity supply for this application.
2. The owner/occupier of 6 Victoria Place has objected to the planning application on the grounds that the proposed development would adversely affect highway safety due to the additional traffic created, parking from the proposed development would not be satisfactorily accommodated and construction traffic would also impact upon the parking within the area. Along with the representation there are twenty-two signatures which support the letter of objection. The signatories are located within Victoria Place, Stanley Terrace, Stanley Place and Victoria Road.