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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.
"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; l) 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."
"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."
"The Department will require that in all new development, parking provision must be in accordance with the Departments current standards."
"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."
"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."
"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."
The following planning applications submitted are considered relevant in the determination of the application.
09/01809/B – Conversion of ground floor apartment to two apartments and conversion of first and second floor store rooms to a maisonette – refused on 5th March 2010
The grounds for refusal were as follows:
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.
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.
90/00148/B – Conversion of 6 holiday flats into 4 permanent flats – Permitted (1st January 1994)
Highways Division of the Department of Infrastructure do not oppose the application
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."
This is re-submission of a previous proposal (09/1809/B) which was refused. The applicant felt that the previous application had not been submitted in the 'best light' and contained flaws. The applicant is not seeking to address the previous reasons of refusal through a planning statement.
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.
The previous application was refused on the grounds that "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."
The case officer stated in her report that:
"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 response the applicant's agent has pointed out that there have been many recent examples of this type of conversion within the immediate vicinity where the parking provision was not thought to be necessary.
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