2 September 2022 · Delegated
Woodbourne House, 38, Woodbourne Lane, Douglas, Isle Of Man, IM2 3lj
This application sought permission to convert the ground floor office space at Woodbourne House, Woodbourne Lane, Douglas, into a residential flat. The building sits within a block bordered by several roads and looks towards a vacant space formerly occupied by a large warehouse. The application was refused on two main grounds. First, the layout and design of the proposed flat would have resulted in very dark and oppressive living accommodation with no pleasant or clear outlook, particularly from the principal room, failing to meet the required standard of satisfactory residential amenity for future occupants. Second, the majority of the spaces within the flat would have had no direct access to natural light or heating, placing the proposal in conflict with requirements to reduce energy consumption and follow best practice in energy efficiency. The officer's recommendation was also to refuse, and the decision was made by a delegated Principal Planner.
The application was refused by a delegated Principal Planner. The proposed ground floor flat was found to offer very dark and oppressive living conditions with no pleasant or clear outlook from the principal room. Additionally, the majority of the spaces within the flat would have had no direct access to natural light or heating, which conflicted with requirements around energy efficiency and satisfactory residential amenity standards.
Refusal Reasons
Housing Policy 17
the proposed ground floor flat would have a "pleasant clear outlook, particularly from the principal room" as required by Housing Policy 17
Housing Policy 17: 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 the 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. 8.13.4 In recent years, interest has grown in the development of residential dwellings from redundant commercial space, primarily above shops. In the United Kingdom, inspira tion for such development came from the LOTS initiative (Living Over The Shop) started in 1989 and the FOS programme (Flats Over the Shop), set up in 1991. The Department generally supports the conversion of redundant storage space above shops (which are often outside of residential areas), into residential development unless the occupants would suffer adverse noise, general disturbance or loss of residential amenity from other land uses. 8.14 Loss of Housing 8.14.1 In the current housing situation, the Department is concerned to ensure that there is no unwarranted loss of existing housing which is fit for habitation or could be made so at reasonable cost.
General Policy 2 (h)
which requires a residential property to "Provide satisfactory amenity standards in itself…"
General Policy 2 (n)
which requires that new development should have due regard to best practice in reducing energy consumption
Environment Policy 35
the works as currently proposed (involving no physical alterations) would have a neutral impact on the character and appearance of the property and Woodbourne Road Conservation Area, and therefore considered to be in compliance with Environment Policy 35
Environment Policy 35: 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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Transport Policy 7
the parking provision would be in accordance with Transport Policy 7
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Change of use from office to residential
approval in principle for erection of industrial units
referred to the vacant site immediately alongside the site
approval in principle for erection of four dwellings to replace existing
approval in principle for alterations and extension, Woolman Electrical, 38, Woodbourne Lane
alterations to create 6 permanent flats
