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2.1 A number of issues contributed to the Planning Officers decision to recommend refusal briefly summarised as:-
The refusal notice cites contravention of The Strategic Plan by the following:-
2.2 The General Use i.e. Residential is not in question.
2.3.I It is unreasonable to consider 'Off Street' Parking in the rear yard due to it's restricted nature. This form of additional parking in the yard is considered detrimental to the 'general' outlook of the rear windows, which outweighs the minimal parking gain achieved. 2.3.2 The Strategic Plan notes that it is preferable to find a use for redundant buildings and will outweigh the drawback of any shortfall in parking provision. 2.3.3 The Strategic plan also states that the Parking Standards can be relaxed of the property is within a reasonable distance of bus routes. It must also be borne in mind that No. 15 is in a town centre location with all facilities within walking distance, as is the main arterial route of Bucks Road and Circular Road which have regular bus routes. My Client also owns No 5 Demesne Road and it is a fact that only one tenant in the two properties owns a car, indeed it is the town centre location that has made these properties attractive to many tenants in the area. 2.3.4 There have been many recent examples of this type of conversion within the immediate vicinity where the Committee have obviously not thought that a parking provision necessary ie
2.3.4 The previous use was as 6 No. holiday flats, which is the number of permanent flats applied for, there should therefore be no significant increase in car numbers to what was, until fairly recently, the legal use of the building.
2.4.I As previously noted the 1990 conversion in providing 4 No. Self Contained Flats also produced dead areas to the rear and the current plan is an improvement in spacial use of the property. 2.4.2 Principal rooms are required to have a pleasant, clean outlook. It is difficult to provide this to all rooms with the general confined nature of these types of properties. It is an established format in conversion works of this nature to site the principally used rooms i.e. living area to the main street, with secondary rooms to face the rear, these generally include Kitchen/Bathrooms etc, utilising the rear yard and drainage etc. It is also common to face bedrooms which are principally used at night time to the rear. The existing plans indicate this was exactly the layout prior to the most recent alterations. 2.4.3 No. 15 is fairly unusual in Demesne Road as can be seen from the site plan and photographs included in the appendix that there is a large open area to the rear (South East) over car parks etc. giving open aspects \& views, indeed other similar adjacent properties have included rear terraces to take advantage of this view. It would provide a lighter yard area if the rear boundary wall be considerably reduced. 2.4.4 Whilst it can not be denied that flats to the rear do generally not have the best outlook, in this instance because of the 2 storey nature of a duplex, maximum advantage is taken of the more open nature of the location. A similar arrangement was approved to No. 19 Demesne Road in 07.10.09 and since built, from the continual occupancy of that duplex it can be assumed that there is a ready market for this type of property in this type of location. Similar developments have taken place in Demesne Road which could also be considered less than ideal locations but still approved ie
2.4.5 The converted GF Flat IA, is also not large but at 46 m 2 is certainly the norm for a one bedroom flat. Its configuration is similar to No. I in that the principal living room is to the road and bedroom to the rear.
2.4.6 The effect on the Conservation area must be considered minimal, there has, for instance, been no external alteration and the property remains largely as its neighbours in Demesne Road. In fact the considerable expense in the renovation of the property has already been undertaken \& therefore a shabby property has been improved. The effect of car parking has already been argued and the low car ownership generally in the Town Centre location.
Conversion of GF Apartment to 2 Apartments \& Conversion of First \& Second Floor Store Rooms to Duplex Apartment (Retrospective). At 15, Demesne Road, Douglas For Mr G D Bisdee Job No. 1708-01 3.00 Conclusion
3.01 Mr Bisdee has been poorly advised in the past in that he purchased the property as 6 No flats and has been paying rates and water rates continuously on that number of flats since, even though the two holiday flats have remained unused as separate flats. After dealing closely with all authorities at the time of converting the holiday flats to a permanent flat he was not informed by any of them that a separate Planning Approval was necessary. It has been, and continues to be his simple aim to improve his property, which includes converting two non-complying holiday flats into a permanent flat similar to what has been carried out on numerous similar properties, rather than they lying as unused areas within the property. 3.02 Whilst Mr Bisdee acknowledges that there should have been Planning Consent to convert the rear holiday flats to one permanent flat, on this being brought to his attention he immediately sought to regularise the position by making a retrospective application. 3.03 The work carried out is in accordance with Building Regulations, and the Fire Departments recommendations for flats. Environmental Health have also registered the 2 extra flats. 3.04 The external appearance has remained unaltered. 3.05 Mr Bisdee requests therefore that the application could be reviewed in light of this further evidence.
Conversion of GF Apartment to 2 Apartments \& Conversion of First \& Second Floor Store Rooms to Duplex Apartment (Retrospective). At 15, Demesne Road, Douglas For Mr G D Bisdee
Job No. 1708-01 Appendix A
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