DEC Officer Report

Application No.: 22/00697/C Applicant: Mr John Nisbet Proposal: Change of use of ground floor office (class 2.1) to a residential flat (class 3.4) Site Address: Woodbourne House Woodbourne Lane Douglas Isle Of Man IM2 3LJ Planning Officer: Mr Paul Visigah Photo Taken: 09.08.2022 Site Visit: 09.08.2022 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 23.08.2022 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal - R 1. In terms of its layout and design, it is not considered the proposed ground floor flat would have a "pleasant clear outlook, particularly from the principal room" as required by Housing Policy 17. In fact, the scheme as proposed would result in a very dark and oppressive living accommodation with no pleasant or clear outlook for future occupants. Accordingly, the proposal would be contrary to Housing Policy 17 and General Policy 2 (h) which requires a residential property to "Provide satisfactory amenity standards in itself…". - R 2. By virtue of the design and layout of the proposed residential flat being set out such that the majority of the spaces created would have no direct access to natural lighting and heating, the proposal is considered to be in conflict with the requirements of General Policy 2 (n) which requires that new development should have due regard to best practice in reducing energy consumption, as well as the Strategic Objectives of the Strategic Plan which seeks to "reduce energy consumption by encouraging more efficient use of energy through conservation…".

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of an existing building Woodbourne House, Woodbourne Lane, which sits on two lanes which run between the block bordered by Alexander Drive, Selborne Drive, Tennis Road and Brunswick Road. Within these four roads there is a complex of buildings and a presently vacant space which was formerly occupied by a large warehouse building which the application property looks towards. - 1.2 The application building physically abuts a row of garages attached to the northeast elevation, and a vacant plot to the rear which is within the ownership of the applicants but outside the red line boundary for the current application. The site accommodates the footprint of the building and space alongside which is used for parking. This parking area in front of the building is sufficient to accommodate two cars.

2.0 THE PROPOSAL - 2.1 The application seeks planning approval for change of use of ground floor office (class

• 2.1) to a residential flat (class 3.4). The residential accommodation will have a bedroom/storage room, a shower room/toilet, kitchen/dinner, lounge/bedsit Room and internal double garage. The lounge/Bedsit Room will have windows on two elevations. None of the other rooms will be served by a window.
• 3.0 PLANNING POLICY

3.1 The site lies within an area designated on the Area Plan for the East (Map 4) as Predominantly Residential, and the site is within the Selbourne Drive Conservation Area. No reference is made in the Conservation Area appraisal to the site or the surrounding modern properties including the garage. The site is not prone to flood risks, although the open site area situated to the rear boundary of the site is considered to have high likelihood of surface water flood risks. There are no registered trees on site and the site is not within a registered tree area. Given the nature of the proposal it is appropriate to consider the following parts of the Strategic Plan:

3.2 General Policy 2 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:

• 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 affect adversely the character of the surrounding landscape or townscape;

• 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 all highway users, together with adequate parking, servicing and manoeuvring space;
• i) does not have an unacceptable effect on road safety or traffic flows on the local highways;

• n) is designed having due regard to best practice in reducing energy consumption."

3.3 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and reusing scarce indigenous building materials;
• (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.

3.4 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.

3.5 Environment Policy 35 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." - 3.6 Strategic Policy 4: Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;

3.7 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by:

• (b) having regard in the design of new development to the use of local materials and character.

3.8 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

• 3.8.1 The current standards are set out in Appendix 7: Typical Residential - 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.

3.9 Strategic Policy 11: The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026. - 3.10 Paragraphs 8.13.2 to 8.13.3 of the Strategic Plan: "8.13.2 The size, layout, occupancy, etc., of flats are controlled by the Housing (Flats) Regulations 1982. However, all flats should also have a good external environment, characterised by -

• (a) a pleasant, clear outlook, particularly from the principal room(s) of the flat and
• (b) access to external space for the purpose of clothes-drying, refuse storage, car-parking, and general amenity.

• 8.13.3 Many buildings which are generally suitable for conversion into flats not only have very 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 the cleared space useful. Such demolition will:

• (a) remove accommodation which has a poor environment and limited outlook;
• (b) permit the creation of parking space; and
• (c) assist in admitting light and air to the rear of the building proper.

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".

3.11 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10.

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 TOWN AND COUNTRY PLANNING ACT 1999 4.1.1 Section 18 (4) - Designation of conservation areas: "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". It is not considered that this proposal would conflict with that objective and as such the application will be considered in the context of the policies as set out below and within section 3 of this report.

4.2 Planning Policy Statement 1/01

• 4.2.1 POLICY CA/2: SPECIAL PLANNING CONSIDERATIONS "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected".

4.3 Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019

• 4.3.1 Section (3) Interpretation "primary window" means a main window serving a ground floor living room, a dining room, a kitchen which includes dining facilities or a conservatory;

4.4 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.

5.0 PLANNING HISTORY 5.1 The application site has not been the subject of any previous planning application, although the broader site area has been the subject of a number of applications which are considered relevant to the current scheme. They include:

5.2 PA 16/01062/C for Change of use from office to residential. This scheme involved the change of use of the building from light commercial on the ground floor with offices above to light commercial on the ground floor with a self-contained residential unit above. The residential accommodation was proposed to have three bedrooms, a bathroom, kitchen/dining room and living room. Two of the bedrooms and the living room were proposed to have windows. None of the other rooms were to be served by a window. This was approved subject to two conditions, including the provision of two off road parking spaces.

5.3 PA 02/00284/B - approval in principle for erection of industrial units - refused. This referred to the vacant site immediately alongside the site and was refused for reasons relating to issues of access and the compatibility of the range of uses in the immediate area.

5.4 PA 00/01405/A - approval in principle for erection of four dwellings to replace existing refused for reasons relating to inadequate outlook, external space and a generally poor environment - 5.5 PA 91/00253/A - approval in principle for alterations and extension, Woolman Electrical, 38, Woodbourne Lane - refused on the basis that there was inadequate information to enable the Committee to assess whether the impact on the surrounding buildings or the sufficiency of the parking was acceptable - 5.6 PA 90/01692/B - alterations to create 6 permanent flats - approved

6.0 REPRESENTATION Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' (3 June 2022). - 6.2 Douglas Borough Council have stated that they have no objection to the application (13 June 2022).

6.3 No comments have been received from neighbouring properties. - 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the determination of this application are:

• a) The principle of the proposed development;
• b) potential impacts on the Conservation Area;
• c) The amenities for future occupants;
• d) Impact on neighbouring amenity; and
• e) potential impact upon highway safety/parking provision;

7.2 The Principle (GP 2 & SP1)

• 7.2.1 The application site is located within an area zoned as predominantly residential use on the Area Plan. As such the principle of the proposal would be in accordance with General Policy

1. Likewise, the existing use of the building is as an office building which is now redundant (as articulated in the applicants Planning Statement) and evidenced during the site visit on 9 August 2022, thus the conversion to a residential flat would comply with the requirements of Strategic Policy 1 which encourages optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings. Besides, the proposed residential use would not be seen as incompatible with the residential use of the application site and the dominant residential use of the locality, and would be read in compliance with GP2 (b & c).

• 7.2.2 The above is, however, not an automatic reason to allow development as further material planning matters as indicated in 7.1 above need to be considered to determine if the current scheme would be appropriate for the site.

7.2 Visual impact on the Site and Conservation Area (EP 35)

• 7.2.1 When considering any application within a Conservation Area the Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan. This policy indicates that development within Conservation Areas will only be permitted if they 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.

• 7.2.2 In assessing the impacts in this case, it is noted that the proposal does not involve physical alterations to the building. Albeit, on visiting the site on 9 August 2022, it was observed that the door which was indicated on the existing and proposed plan as being in situ is currently non-operational. In fact, the opening has been closed up with a permanent feature installed over large sections of the door opening (allowing only about 20 percent of the upper section to be viewable). The applicant was contacted on these variations and the possible impacts on outlook, and his suggestion was that the room currently has a fully glazed door facing the main front door which allows in natural light, but that they could install a glazed door at the rear of the property where there is currently a full door as this door will need replacing anyway to make the flat more secure. Whilst these comments are noted, no details of proposed door installation has been submitted. Besides, the application has not been amended to include external alterations to the property in form of rear door installation. As such, the property is assessed as having a closed up door to the rear and for which no natural lighting into the property could be achieved.
• 7.2.3 Given the issues highlighted above, it is considered that 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.

7.3 Future Occupant Amenity and Standards (HP 17, Paragraphs 8.13.2 to 8.13.3 & GP 2)

• 7.3.1 As outlined within Housing Policy 17 the new apartment needs to have a "pleasant clear outlook, particularly from the principal rooms" which includes a living room, dining room, and kitchen that includes dining facilities. In this case, the new apartment would have a kitchen/diner from which there would be no outlook. It is also considered that the bedroom would not have any outlook as the only opening to the rear is currently closed up. As such, the only principal room with windows offering some outlook would be the lounge/bedsit room which would have views of the rear lane and neighbouring rear boundary walls (which cannot be judged to be pleasant). Thus, it is considered that this element of the proposal would be at variance with Housing Policy 17 (b) and Paragraphs 8.13.2 (a) of the Strategic Plan.

• 7.3.2 Another factor which weighs against the scheme is the fact that almost all the spaces within the new flat would rely on artificial lighting and would not benefit from solar gain, which implies that artificial heating and lighting would have be relied upon for most parts of the year; a condition that would be averse to the requirements of General Policy 2 (n) which requires that new development should have due regard to best practice in reducing energy consumption.
• 7.3.3 In terms of space provisions, the apartment would be self-contained and would have spaces that would be sufficient for a one-bedroom occupancy as the spaces would have a living space measuring 68sqm, shower room - 3.5sqm, hallway 4.75sqm, under stair storage -

• 6.0sqm, kitchen/diner - 16.75sqm, lounge/bedsit - 17sqm, and porch area 3sqm. There is no provision for outdoor amenity space within the scheme given that the only outdoor space is the hardstanding area in front of the garage, albeit, there is ease of level access to good public open space that would provide a degree of respite from the activity in the area (which is confined to rear lanes), namely the Queens Terrace Gardens (situated 48.9m from the site), the Woodburn Square (situated 156.3m away), and Hilary Park (situated 226.2m away) and the beach and other leisure areas off the promenade which are within a 1 mile radius from the application site. All clothes drying and storage will, therefore, have to be provided within the building, which is not uncommon for apartment developments since there are no outdoor spaces beside the parking area in front. Additionally, the bin storage provision which serves the existing residential accommodation on the upper floor would be accessible for use by the apartment.

• 7.3.3 Overall, whilst the internal space provisions would be adequate for a one bedroom residential flat, and there is access to outdoor amenity space provisions within the locality and surrounding area, it is considered that the quality of the internal spaces would be poor given the lack of natural lighting and heating, and as there would be no pleasant clear outlook from the primary rooms. The proposal is therefore considered to be contrary to Housing Policy 17 (b) and GP 2 (n), in terms of amenity of future occupiers.

7.4 Impact on neighbouring amenity 7.4.1 With regard to impacts on neighbouring amenity, it is considered that the site has sufficient parking (two within the garage and two on the hard standing area in front of the property) which are more than required to meet the residential needs of the property. As such, it is not considered that the scheme would result in indiscriminate parking on the rear lane; a condition which would ensure the occupant of the neighbouring properties have unhindered vehicular access to the rear of their properties when required. This is particularly important as the rear lane serving most of the properties here are narrow and not capable of supporting on street parking.

• 7.4.2 Similarly, the scheme as proposed does not introduce new fenestrations that would overlook neighbouring properties. Therefore, it is considered that there would be no adverse impacts on the neighbouring dwellings resulting from the scheme.

7.5 Parking and Highway Safety

• 7.5.1 Turning to the impact on highways, the key issue to consider is car parking provision. It has already been considered that the provision for the site would meet the requirement for off-street parking to serve the new apartment and existing residential use on the upper floor. It is also noted that the apartment is within close proximity to a public transport corridor along Woodbourne Road, where the parking requirements could be relaxed, although there is adequate provision. In this respect, it is considered that the parking provision would be in accordance with Transport Policy 7.

- 8.0 CONCLUSION

8.1 Overall, it is concluded that although the scheme has positive elements as the parking provision is adequate and there would be no detrimental impacts on neighbours, the proposed conversion of the ground floor office space to provide a residential flat would fail to comply with the requirements of Housing Policy 17, Paragraph 8.13.2, and General Policy 2 of the Strategic Plan for the reasons that have been outlined in the preceding sections of this report. The application is, therefore, recommended for refusal. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 4(2) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Refused Date: 01.09.2022 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

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