Loading document...
Application No.: 09/01809/B Applicant: Mr Graham Bissdee Proposal: Conversion of ground floor apartment to two apartments (retrospective) and conversion of first and second floor store rooms to a maisonette Site Address: 15 Demesne Road Douglas Isle Of Man IM1 3EB --- ### Considerations Case Officer: Ms Henrietta Hopkins Photo Taken: 13.01.2010 Site Visit: 13.01.2010 Expected Decision Level: Senior Planning Officer --- ### Written Representations --- ### Consultations Consultee: Highways Division Notes: Objection - This proposal has increased the number of bedrooms from 4 to 6. No off-street parking has been attempted to be provided in this already heavily congested residential area. Consultee: Douglas Corporation Notes: No objection Consultee: Chief Environmental Health Officer Notes:** Comments received ---
The property subject of the application relates to 15 Demesne Road. The property is a three-storey terraced dwelling located in an established residential area.
The applicant seeks permission for conversion of ground floor apartment to two apartments (retrospective) and conversion of first and second floor store rooms to a maisonette.
The application site is located with a 'Predominantly Residential Area' in the Douglas Local Plan (Central Map) 1998 and a 'Conservation Area.' The Isle of Man Strategic Plan 2007 contains policies which are considered specifically material to the determination of the application – General Policy 2, Environment Policy 35 and Transport Policy 7.
1 March 2010 09/01809/B Page 1 of 5
General Policy 2 states the following: "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 adversely affect the character of the surrounding landscape and 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 adversely affect 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 highway users, together with adequate parking, servicing and manoeuvring space; i) Does not have an unacceptable effect on road safety and 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 energy consumption."
Environment Policy 35 states the following: "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."
Transport Policy 7 states the following: "The Department will require that in all new development, parking provision must be in accordance with the Departments current standards."
Housing Policy 17 states the following: "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 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."
Strategic Policy 1states the following: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building material; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and c) being located so as to utilise existing and planned infrastructure, facilities and services."
Strategic Policy 2 states the following: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
Strategic Policy 12 states the following: "Favourable consideration will generally be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of redundant boarding houses, and vacant or under-used space above commercial premises subject to compliance with detailed standards (see section 8.13)."
Paragraph 8.13 states the following: "Many buildings which are generally suitable for conversion into flats not only have little space around them, but also have an annex or 'outlet' at the rear. The Department may require the demolition, in total or in part, of such outlets even where the immediate use of the cleared space may not be possible, for example where more than one rear annex may be needed to be removed to gain access or highway work such as road widening may be required to make cleared space useful. Where such demolition is not so required, the accommodation must generally be organised so that every flat has an outlook from the front of the building, and so that no flat is contained 'entirely' within an 'outlet.' Exception may be made to this general approach where the environment at, and the outlook from, the rear are pleasant and open."
There have been no recent planning applications submitted which are considered relevant in the determination of the application. 90/00148/B - Conversion of 6 holiday flats into 4 permanent flats - Permitted (1st January 1994)
Department of Transport has raised an objection to the proposed development. The proposal has increased the number of bedrooms from 4 to 6 . No off street parking has been attempted to be provided in this already heavily congested area.
Douglas Corporation raised no objection to the proposed development. Environmental Health Officer has made the following comments: "The proposed flats/apartments must, on completion of the intended works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations prior to any flats being occupied. The regulations are enforced by Local Authorities throughout the Island (with the exception of Onchan) and Environmental Health Officers from this Department act as their agents and authorised officers."
The application site is located in a 'Predominantly Residential Area' in the Douglas Local Plan 1998 and is within Woodbourne Road Conservation Area. Given the nature of the proposed development, it is therefore appropriate to assess the proposed development against the policies identified earlier within the report (i.e. General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007).
Woodbourne Road Conservation Area Character Appraisal (1st September 2003) states that there are a number of characteristics that have a negative effect on the area. "In recent years the presence of vehicular traffic has steadily increased in level. Traffic movement through the area is generally heavy and on-street car parking continues to be a problem for us all. Unfortunately the presence of so many vehicles on the streets does detract from the special quality of place and sense of ease which is more evident, say on Sunday mornings when traffic is at a lower end."
The Department of Transport have objected to the proposed development. The proposal has increased the number of bedrooms from 4 to 6 and no off street parking has been attempted to be provided in this already heavily congested area. When on site during the daytime, the parking along Demesne Road was still fairly congested and it is considered that to allow this proposal will create additional demand for on street parking resulting in more traffic problems. The proposal will lead to increased vehicle movements and manoeuvring which would impede the free and safe flow of traffic
and would also adversely affect the character of the area. The proposal would therefore not enhance or preserve the character of the conservation area.
Although it may be argued that the site is in a sustainable location and in close proximity to the town centre and public transport this proposal is for six bedrooms. In accordance with the parking standards in the Isle of Man Strategic Plan (Appendix 7) for apartments the car parking standards is 1 space per bedroom; 2 spaces for 2 or more bedrooms. The Plan goes on to state that these standards may be relaxed where development
A) would secure the re-use of a Registered Building or a building of architectural or historic interest; or B) would result in the preservation of a sensitive streetscape; or C) is otherwise of benefit to the character of the Conservation Area.
D) 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.
As mentioned earlier it is considered that to relax these standards will not be of benefit to the Conservation Area, where in the Character Appraisal the negative factor already identified is the heavy on-street parking. Furthermore to allow this proposal will create a precedent for other buildings along the street to do the same contributing to additional on street parking to the detriment of the area.
In addition the proposed development is extremely cramped and over-intensive form of development which undermines the character of the conservation area. Notwithstanding the cramped internal arrangements, it does not provide satisfactory living accommodation failing General Policy 1 and Housing Policy 17. Examples of this are poor outlook from the lounge on the first floor where there will be less than 10 metres maintained from the neighbouring outrigger; the 2 bedrooms on the ground floor facing a communal yard; poor light; unattractive; no privacy; and there is lack of anywhere for storage of refuse, parking of bicycles and hanging of clothes.
It is therefore considered that the proposal would be contrary to General Policy 2, Environment Policy 35 and Transport Policy 7, and Housing Policy 17, and is therefore recommended for refusal.
RECOMMENDATION
Refuse planning permission
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Department of Transport Douglas Corporation. Environmental Health Officer is not afforded Interested Party Status as the comments made come under separate legislation.
Recommendation
Recommended Decision: Refused
Date of Recommendation: 19.01.2010
1 March 2010
09/01809/B
R 1 . The proposed development would result in additional demand for street parking which would adversely affect the existing character of the Conservation Area; harm the amenity of others; and result in highway safety issues. The proposed development would thus be contrary to General Policy 2, Environment Policy 35 and Transport Policy 7 of the Isle of Man Strategic Plan 2007.
R 2 . The proposed development is an over-intensive form of development which undermines the character of the Conservation area and would result in substandard living accommodation for future occupiers. The proposed development would thus be contrary to General Policy 2, Environment Policy 35 and Housing Policy 17 of the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Refused Date : Signed : Senior Planning Officer
Copyright in submitted documents remains with their authors. Request removal
