Officer Planning Report

Planning Report And Recommendations {{table:151806}} {{table:151807}} {{table:151808}} {{table:151809}} {{table:151810}} ### Considerations ### Written Representations ### Consultations Consultee: Disability Access Officer Notes: Apartment blocks should meet the following requirements. Where parking is provided, which includes provision for visitors then five percent of unassigned spaces should be designated for disabled parking. The ground or primary entrance level should include at least one entrance that is accessible to an unassisted wheelchair user. Any sanitary facilities provided which are accessible to the public should include a disabled toilet. All public corridors should be of sufficient width and free from obstruction as to allow a wheelchair user to pass other users of the corridor. The primary entrance to all apartments should be of sufficient width to be accessible by an unassisted wheelchair user. Where apartments and / or parking are provided over more than one level then a lift should be provided of sufficient dimensions as to allow an unassisted wheelchair user to enter, turn around and use the controls. Consultee: Highways Division Notes: Do not oppose Consultee: Douglas Corporation Notes: No objection.

Officer's Report

Site

• The application site is situated on the eastern side of Castlemona Avenue. The site is within a predominantly residential area.
• The building currently comprises of 18 bedrooms.
• To south of the application site is a single storey garage. This is used as a motor vehicle showroom.
• To the north of the application site is a residential property.
• To the west of application site is the public highway of Castlemona Avenue.

Proposed Development

• The application is seeking an approval in principle to convert the existing guest house into five self contained apartments.

Relevant Policies

• Isle of Man Planning Scheme (Douglas Local Plan) Order 1998.

Planning History

• 06/01372/A – Approval in principle to convert existing guest house into four apartments – granted 16th October 2006.

03/01901/A – Approval in principle to convert existing guest house into four apartments – permitted on review 16th April 2004

Representations

• Highways Division of the Department of Transport do not oppose the application. The development of five apartments from the established use is not considered intensive in highway parking terms.
• Douglas Corporation has no objection to the application.
• The occupiers of 33 Castle Mona Avenue have enquired whether the following matters were considered when the original application was submitted;
• The provision for off street parking for the properties residents and guests in accordance with current regulations.
• The impact of additional parking in an already overcrowded avenue
• The possible restriction of access to vehicles of the emergency services

If none of the above matters can be adequately satisfied I would ask that the approval in principle is refused on safety grounds.

• Disability Access Office has commented on disabled access and facilities.
• IoMWA have commented on water supply connections.

Assessment

• In August of 2006, an application was submitted to re-instate a previous approval in principle for the conversion of a guest house into four apartments. This was granted on 16th October 2006.
• The applicant has assumed that the approval would be for four apartments plus the one already in use. The existing flat is ancillary to the guesthouse and therefore the previous permission would have been to convert the entire building into four apartments.
• However, the applicant wants to keep the existing ancillary accommodation and convert it into a flat along with the four additional flats above. I do have some concern about the conversion of the building to 5 flats. The existing ancillary accommodation is below street level. The high blank wall with railings in front of the bay windows is seriously unsatisfactory for an outlook from a habitable room. Furthermore, due to the properties north easterly orientation, natural lighting into the rooms would be inadequate on a bright day, on dull days it would be considerably worse.
• Furthermore, the rear rooms of the ancillary accommodation backs onto a yard which are enclosed by other buildings. I feel the outlook from any of the rear rooms would be unsatisfactory as well.
• A flat in the lower ground floor of the building would provide a poor living environment by virtue of its poor outlook and natural lighting. This would clearly be contrary to the provisions of Planning Circular 2/88, which relates to the conversion of buildings into flats. I consider a flat split over two floors would provide an acceptable living environment compared to conversion of the existing ancillary accommodation into a flat.
• It should be noted that a letter from the applicant has been submitted as part of the application stating "The Environmental Health inspector has stated that the basement has adequate natural light and good access for this purpose. There is also potential to create wheel chair access to the basement."

• I have spoken to the Environmental Health Inspector, who has indicated to me verbally that he recalls visiting the application site back in 2004. The Inspector has further indicated to me that the existing basement does have adequate natural light. However, he does not recall indicating that the basement has good access.

• This assessment is carried out under Environmental Health legislation and is completely different to the planning assessment. I therefore attach little weight to their assessment in the determination of this application.

• I acknowledge that Castle Mona Avenue has an on street parking issue. However, this has to be weighed up between the existing use and the proposed use. The building currently comprises of 18 bedrooms and is a more intensive use in terms of the demand for highway parking compared to the conversion of the building into 5 apartments. I consider the proposed use would not be prejudicial to highway safety.

• Since the area is zoned as predominantly residential, I consider the proposed residential use of the building would be compatible with the surrounding area.

Recommendation

I therefore recommend that the application be refused for the reasons stated above.

Party Status

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

It is considered that all parties who made representations to the planning application comply with the requirements of Planning Circular 1/06 – Determination of Interested Party Status with exception to Disability Access Office and the Isle of Man Water Authority.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 29.03.2007

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

The creation of separate flat in the basement would result in a poor living environment by virtue of its outlook and light available. Accordingly, this unsatisfactory living environment would not comply with the provisions of Planning Circular 2/88 "Conversion of Buildings into Flats".

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Refused Date : 1/4/07

Signed : M. I. McCauley Director of Planning and Building Control