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The application site comprises a two storey warehouse building located on Lake Road, Douglas. The last use of the building was that of a tile and tools DIY centre and there is a large display window to the front elevation. To the south of the site, an area is currently being re-developed by Heritage Home to provide a residential complex with restaurant to the Quayside elevation. To the west of the site is a small Department of Transport car park.
At the present time the building is two storeys with a flat roof and rendered walls.
The application site is located within an area zoned as Town Centre in the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998. In addition the application is to be considered against the provisions of the following policies of the adopted Strategic Plan: General Policy 2
The following previous application is considered relevant in the consideration of this application: Erection of second floor for residential use and conversion of ground floor to hot food retail, garaging/storage and second floor to office and part residential. Application refused on 15th June 2007 for the following reasons:
1) The use of the proposed vehicle store and despatch area will impact adversely on the occupiers of the proposed apartments on first and second floor by reason of additional vehicle movements leading to an increase in noise and disturbance. Whilst the area is generally commercial in nature, the garaging proposed would introduce a further activity which it is considered would detract from the residential amenity that future occupiers of the apartments, whether they be used in association with the ground floor use or not, could reasonably expect to enjoy.
2) It is considered that the residential amenity for future occupiers of the proposed residential units will be poor, given the location and proximity of adjacent buildings.
3) There is considered to be insufficient off street parking to serve both the hot food takeaway, residential and office uses proposed within the building which would result in congestion and vehicle conflict arising from the uses, contrary to the aims of highway safety.
The application proposes the erection of a second floor, with mansard roof for residential use, the conversion of part of the ground floor to residential garaging, bin storage/utility and conversion of first floor to office and residential use in association with the second floor. The retail use at ground floor level would be retained.
The Isle of Man Fire and Rescue Service recommend refusal on the grounds that the internal layout is inherently with regard to means of escape. The owners/occupiers of Wadham House, The Abbey Woods Douglas object to the application on the grounds that the retail use would impact on the use of their parking space to the front of the building for which they pay the Department of Transport. The Isle of Man Water Authority makes comment regarding changes to the water supply.
The previous application on the site proposed to introduce a commercial/retail use at ground floor level with associated garaging for the delivery vehicles to the Lake Road elevation, it was considered that such a use would cause noise and disturbance to future occupiers in the apartments above, and accordingly the application was refused.
This application now proposes the retention of the retail use at ground floor level (as opposed to the previous applications proposed use at ground floor of hot food retail), office use at first floor together with residential and residential at second floor level.
The issue to be considered therefore is whether this application overcomes the previous reason for refusal in respect of the movement of vehicles and garaging and their impact on residential amenity, and also parking.
The application proposes the creation of a store/garage area to the south elevation, to be used in association with the retail/sales area and a garage area to be used in association with the residential
use. This overcomes the previous objection in relation to parking, and whilst the use of the garage/store may cause disturbance, it is considered that this element may be controlled through condition in relation to use and hours of operation. The retail unit would remain as existing and therefore whilst comments in relation to parking are noted, it is not considered that the proposal will exacerbate the existing situation and with the garaging proposed, may overcome concerns in relation to parking to a certain degree.
The development to the south has now commenced, which would introduce residential development in the form of apartments within some 10m of the proposed development. Windows are now proposed in the south elevation which would serve the offices, lounge dining area and "leisure area", and to second floor, lounge/dining area and second bedroom. It is considered that a condition in relation to obscure glazing would overcome issues regarding overlooking and loss of amenity to neighbouring occupiers and occupiers of the proposed units.
Reason for refusal 2) of PA 06/02071 referred to this element and stated "It is considered that the residential amenity for future occupiers of the proposed residential units will be poor, given the location and proximity of adjacent buildings". The applicant advises that he and his family will occupy the residential units and any future occupiers will be aware of the limitations of the residential unit in relation to the proximity of the adjacent building.
With regard to issues raised by the Chief Fire Officer, these may be addressed at the Building Regulation stage of the development.
It is considered that the removal of the hot food retail element of the proposal and proposed suitable conditions, overcome the previous reasons for refusal and accordingly the application is recommended for approval.
It is recommended that the application be approved.
It is considered that the Local Authority accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status. In addition the following parties are granted interested party status.
Mr & Mrs Worth, Wadham House, The Abbey Woods, Douglas.
Accordingly the following parties are not afforded Interested Party Status:
Recommended Decision: Permitted Date of Recommendation: 04.10.2007 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the plans and information submitted as part of this application and date stamped 10th July 2007.
C 3. The retail use is restricted to any use within Article 4, Schedule 4 Use Classes Class 1 (Shops) as defined within the Town and Country Planning (Permitted Development) Order 2005
C 4. The storage area/garaging associated with the retail use at ground floor level may be used between the hours of 0730 - 18.30 Monday to Saturday and 1200 - 1800 hrs Sundays and Bank/Public Holidays.
C 5. The office use hereby approved may be used in association with the residential units only.
C 6. The residential apartment and leisure space, identified on Drawing No. 002-First Floor Plan may be used in association with the main apartment on the second floor only, and not as a separate/independent unit of residential accomodation.
C 7. Prior to the commencement of the development a sample of roof tile must be submitted for consideration and approval by the Planning Authority.
C 8. The windows to the south elevation, first and second floor must be glazed with obscure glazing and thereafter retained.
N 1. For a change in the water supply to premises (domestic or commercial) the applicant should contact the Isle of Man Water Authority Byelaws Inspector (Michael Karran), telephone 695957.
N 2. The applicant is advised to consult the Fire Safety Department as the proposal may fall within the scope of the Fire Precautions (Flats) Regulations 1996.
Decision Made : Approved Committee Meeting Date : 12/10/07
4 October 2007 07/01294/B Page 5 of 5
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