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The application site comprises of a mid-terrace property located on Richmond Grove in Douglas.
The proposed development comprises of alterations to convert an existing flat on the second and third floor of the property into two single bedroom flats. The alterations include the enlargement of existing dormer window on the front elevation and the installation of dormer windows on the rear elevation of the property.
The application site has been the subject of one previous planning application that is considered to be specifically material to the assessment of this current planning application:
Planning application 47930 sought approval for alterations to form three flats within the property. This previous planning application was approved on the 24th November 1978.
Douglas Town Commissioners do not have any objections to the proposed development.
The Department of Transport Highways Division do not oppose the planning application on the basis that they believe that two single bedroom flats are not likely to generate more traffic than the existing building and that the application is close to Douglas town centre with associated public car parking and transport facilities.
The owners and/or occupants of 4 Richmond Grove, which directly neighbours the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding car parking provision and the impact of the proposed external alterations on the setting of the Conservation Area.
A number of local residents have signed a petition to object to the planning application on the grounds for car parking provision within the area.
The Department of Local Government and the Environment’s Environmental Health Officer advise that the flats will be required to comply with the requirements of the Housing (Flats) Regulations 1982.
The Isle of Man Fire and Rescue Service recommend that the applicant contact them to discuss appropriate fire precautions.
The Isle of Man Water Authority request that an informative note be attached to any approval decision notice.
In terms of land use designation the application site is located within an area designated as predominantly residential use under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998 Map No. 1 (Central Area). The application site is also located within a Conservation Area.
In terms of planning policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.
General Policy 2, which relates to development within land-use zones, states:
“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:
Environment Policy 35, which related to development within Conservation Areas, states: "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."
Appendix 7 of the Isle of Man Strategic Plan 2007 sets out parking standards for development. The relevant extracts of the appendix to the assessment of this planning application are:
"A.7.1 High levels of car ownership have led to an increase in the level of parking expected for new residential development, and outside of town centre locations these standards should not be relaxed. New-built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to:
Where new dwellings are created by the conversion of existing buildings, parking space should be formed by the clearance of outbuildings and low-grade annexes or "outlets" if it is reasonable and practicable so to do; however, in general, the need to find a use for redundant buildings which are in sound condition will outweigh the drawback of any shortfall in parking provision."
The standards set out in Appendix 7 are: Typical residential – 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling for typical residential development Residential Terraces – 2 spaces per unit, if not within curtilage then located as close to units as possible without compromising residential amenity. Parking spaces should not be provided in front of the dwellings where this would result in a poor outlook for residents and would detract from the amenity of the area. Apartments – 1 space for 1 bedroom; 2 spaces for 2 or more bedrooms.
The planning application seeks approval to convert an existing flat into two single bedroom flats, resulting in four 1-bedroom flats within the property. The alterations include the enlargement of existing dormer window on the front elevation and the installation of dormer windows on the rear elevation of the property. The main considerations in terms of the assessment of the proposal are considered to be car parking provision and impact on the setting of the Conservation Area.
Through planning application 47930 the property has approval, and is currently used, for two 1-bedroom flats and one 2-bedroom flat which equates to 4 bedrooms within the property. Approval of the development proposed by the current planning application would result in four 1-bedroom flats which equates to 4 bedrooms within the property. Given that there is no increase in the number of bedrooms within the property from that of the existing property it is unreasonable to refuse the planning application on the grounds of car parking provision. Indeed, the car parking requirement set out by Appendix 7 of the Isle of Man Strategic Plan 2007 is the same for the existing level of development contained within the property as that for the level proposed by the current planning application. This position has been reflected by the submission from the Department of Transport Highways Division.
In terms of the proposed external alterations to the building it is necessary to have regard to the impact of the proposed dormers on the setting of the Conservation Area. In this regard it is appropriate to recognise that dormer windows are an existing feature within Richmond Grove. As such the dormers proposed by the planning application would not be a new or alien feature within the surrounding area. This combined with the relatively modest scale of the proposed dormer results in a consequentially limited impact on the setting of the Conservation Area, which is considered acceptable.
It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommended Decision: Permitted Date of Recommendation: 05.11.2007
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
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 drawing no.s 01, 02 and 03 date stamped 22nd August 2007.
N 1. The applicant is advised that the flats will be required to registered in accordance the requirements of the Housing (Flats) Regulations 1982.
N 2. The applicant/developer is recommended to contact the Isle of Man Fire and Rescue Service as the development may fall within the scope of the Fire Precautions (Flats) Regulations 1996.
N 3. The applicant/developer is recommended to contact the Isle of Man Water Authority to discuss the provision or change of any water supply.
Decision Made: APPROVED Committee Meeting Date: 2/12/07
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