DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00191/B Applicant: Paul Joughin Proposal: Conversion of a car repair garage into a single dwelling with on- site parking Site Address: 24 Richmond Grove Douglas Isle Of Man IM1 3JZ Planning Officer: Mr Paul Visigah Photo Taken: 24.04.2023 Site Visit: 24.04.2023 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 11.05.2023 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal - R 1. The new dwelling would have an unacceptable standard of amenity by virtue of the poor outlook from the only primary windows on the west elevation facing the rear lane and serving all the primary rooms on the ground floor, and the lack of an acceptable outdoor amenity space. In fact, the scheme as proposed would result in a very dark and oppressive living accommodation on the ground floor with no pleasant or clear outlook for future occupants when using the primary rooms. Accordingly, the proposal would be contrary to General Policy 2 (h) which requires new development to provide satisfactory amenity standards in itself, and the Strategic Objectives of the Strategic Plan which promotes high standards of residential amenity in new developments. - R 2. By virtue of the design and layout of the proposed development being set out such that majority of the primary 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…". - R 3. The erection of the new first floor terrace which has views over large sections of the site area of the Ellen Vannin Old People's home situated directly east of the application site, at a distance less than 10m is considered unneighbourly and would adversely affect the privacy and enjoyment of this neighbouring property, contrary to General Policy 2 (g) of the Strategic Plan. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Manx Utilities Authority Drainage _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of 24 Richmond Grove, Douglas which is an existing car repair garage located on the western side of Richmond Grove, that ends in a cul de sac. The property backs onto a narrow lane which serves some properties along the eastern side of Bucks Road and those on the western side of Richmond Grove. - 1.2 Currently the elevation of the property that can be viewed from Richmond Grove is the garage door. This elevation is finished in painted render with roof finish similar to asbestos. Large sections of the buildings side elevations are concealed by the sides of the building on the terrace to which it is attached. The only windows serving the property are high level windows situated to the rear elevation which directly abuts the rear lane.

2.0 THE PROPOSAL - 2.1 The application seeks planning approval for the Conversion of a car repair garage into a single dwelling with on-site parking. The main alterations to the existing garage building will include: - 2.2 Altering the appearance of the garage door to have a more residential outlook with garage door and pedestrian access door. A horizontal hooded moulding would run across the length of the front elevation would be installed over the new garage and pedestrian access door. There would be no changes to the width of this elevation. The external elevation on the front would be finished in profiled metal sheeting and painted render, while the rear would be finished in rebuilt stonework and profiled metal sheeting. All the new windows would be single pane windows. - 2.3 Removal of the front section of the roof over the garage to enable the creation of a first floor terrace over the garage. This triangular terraced area would have its floor level set at about 2.4m above the ground level. Planting beds would be installed within this terrace space to provide some biota. - 2.4 Splitting the garage into two floors with the height of the ground floor measuring 1.8m high, while the upper floor would be 2.1m to the top of the roof ridge. - 2.5 Erection of three flat roofed dormers on the southern elevation of the roof with views over the adjoining roof of the garage to the south. The dormers would measure 3.3m long and

1.3m high, and would extend to the eaves of the building.

2.6 The internal layout would accommodate a large garage suitable for two or three cars, a utility area, bathroom, kitchen and living area, with stairs to the first floor. The second floor would have two large bedrooms, a large bathroom and a terrace.

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 lies within the Woodbourne Road Conservation Area. The site is not prone to flood risks.

3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan contains the following policies that are considered to be specifically relevant in the assessment of the current application: - 3.3 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."

3.4 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.

3.5 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 STRATEGIC OBJECTIVES

• 3.10.1 Paragraph 3.6: Social "(a) To provide for sufficient housing of an acceptable standard and of an appropriate nature and in appropriate locations to meet the needs of the community (including special needs).

• (b) To promote high standards of residential amenity in new development and to provide a physically safe environment for all communities.
• (c) To promote improved access to buildings, spaces and services for less able people.
• (d) To promote community safety and security within new development, regeneration and refurbishment schemes by encouraging the adoption of the principles of "Designing Out Crime"."

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 The Woodbourne Road Character Appraisal (2003).

• 4.3.1 Paragraph 3.1 highlights the fact that a common feature of the area is the wide variety of house designs influenced by the Georgian, Regency, Victorian, Edwardian, Arts and Craft periods, and which give the area a unique mix.

• 4.3.2 Paragraph 3.4 notes the predominance of Italianate detailing and design seen in both in the form of the detached villas, as well as terraces with their highly repetitive elevations. It recognises the importance the decorative stucco, ornate ironwork and contrasting red and yellow Ruabon brickwork play in contributing to the streetscape.
• 4.3.3 Paragraph 3.23 notes that the properties benefit from retention of finely detailed plaster mouldings, sliding sash windows, the variety of bays, stuccoed quoins, string courses and hooded mouldings, which all add richness of architectural forms. It further notes that the abundance of high quality fabric is a major contributory factor to the distinct character of the area.
• 4.4 Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019

4.4.1 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;

4.5 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 been the subject of two previous planning applications which are not considered to be materially relevant to the current application. - 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 the proposal raises no significant road safety or highway network efficiency issues. Accordingly, they raise no objection to the proposal (8 March 2022).

6.2 Manx Utilities Drainage have the following comments about the application in their consultation comments dated 17 March 2023:

• They note that the planning application form states that SW (surface water) will be discharged into existing drainage, although they have no separate SW drainage in the area. o They request that the applicant confirms how SW will be discharged, and state that they require this information in order in order to determine support for the application.

6.3 Douglas Borough Council have stated that the development must not prohibit the refuse bin or recycling boxes from being removed from the highway to be stored within the curtilage of the property between refuse collections (28 February 2023). - 6.4 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 site and 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 proposed residential use of the site would be in conformity with the surrounding uses and zoning of the land, and would be read in compliance with GP2 (b & c). Likewise, the scheme is considered to 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.
• 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 (GP2, EP 35, & PPS 1/01)

• 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 terms of impacts on the visual appearance of the application, it is considered that the proposal does involve physical alterations to the existing garage building, and proposes changes to give it a more residential appearance which would ensure that it ties in better with the adjacent residential buildings, and as such the alterations are considered to result in improvements over the existing built fabric on site which has a more industrial/commercial look. The development would also integrate dormers and incorporate the stone elements on the existing building; changes which are considered to align with the requirements of General Policy 2.
• 7.2.3 In terms of impacts on the character and appearance of the Woodbourne Road Conservation Area, it is considered that the main features that contribute to the character of the area are the architectural detailing on the buildings which have been given particular attention within the character appraisal for the Conservation Area, and there is little emphasis on the contributions of the rear lanes within this conservation area to the character of the area. On the front elevation, the application proposes to integrate hooded mouldings and a front garden (on the first floor) which are a common feature of the streetscape. The scheme also proposes to reinstate the stone finish on the external wall of the rear elevation, thus retaining the character of the rear lane, although it is noted that the rear lane contributes little to the character of the Conservation Area. As such, it is considered that the introduction of these features would serve to preserve the character and appearance of the conservation Area in line with Environment Policy 35.

• 7.3.4 Whilst it is noted that the alterations of the appearance of the garage which forms a congruent unit with the garages on this part of the locality (Richmond Grove and Bucks Road), dominated by garages and workshops would result in a notable change to this part of the street scene and as such judged to alter considerably this part of the street scene, it is not considered that the change would be averse to the character of the Conservation Area as the garages are not granted prominence within the Character Appraisal nor the rear lane within which these garages are mainly situated.

• 7.2.3 Given the issues highlighted above, it is considered that the works as currently proposed would preserve the character and appearance of the property and Woodbourne Road Conservation Area, and therefore considered to be in compliance with general Policy 2 and Environment Policy 35 of the Strategic Plan, and Planning Policy Statement 1/01.

7.3 AMENITY FOR FUTURE OCCUPANTS (GP 2 and Paragraph 3.6)

• 7.3.1 The internal accommodation of the proposed dwelling consists of a lounge, kitchen, utility room and bathroom on the ground floor, while the first floor accommodates two bedrooms and bathroom, with the space allocation within the internal space provisions considered to be of an acceptable size. However, all primary rooms would not have adequate level of outlook and light, as the only outlook from the lounge/kitchen would be over the rear lane which does not offer a clear pleasant outlook. It is also worth noting that the only source of light to the lounge and kitchen would be from the rear lane which is not particularly bright as evidenced during the site visit carried out on 24 April 2023, due to the proximity and height of the buildings along the rear lane. Therefore, it is considered that although the size of the spaces would be appropriate, the level of outlook and natural light into the primary windows would not be appropriate. As such, it is not considered that appropriate amenity provision can be provided as required by General Policy 2 (h).
• 7.3.2 Another factor which weighs against the scheme is the fact that almost all the spaces within the ground floor area would rely on artificial lighting and would not benefit from solar gain, which implies that artificial heating and lighting would have to 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 It has also been considered that the scheme makes provision for a terrace area that would integrate plants to serve as an amenity provision for the occupants with views to the surrounding area. Notwithstanding, the utility of this space would be considerably constrained given that access would be via a bedroom which poses privacy concerns for the occupants, particularly where access would be required for visitors to the property.

• 7.2.3 Overall, whilst the internal space provisions would be adequate for a two bedroom dwelling, and there is access to outdoor amenity space provision within the terrace on the first floor, it is considered that the quality of the internal ground floor spaces would be very 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 GP 2 (h & n), in terms of amenity of future occupiers.

7.4 Impact on neighbouring amenity 7.4.1 With regard to impacts on neighbouring amenity, the key concern with the proposed development borders on overlooking and privacy concerns, particularly for the occupants of the Ellen Vannin Old People's home situated directly east of the application site and proposed first floor terrace. This new first floor terrace would be situated directly adjacent the rear of the flat roofed garages within the neighbouring property and offer views over the entire eastern section of this property, although the edge of the terrace will be at the closest 22m away from the windows of the Old Peoples Home. This impact is exacerbated by the fact that the adjoining property houses vulnerable occupants. Therefore, it is considered that the proposed first floor terrace would result in adverse impacts on the amenities of the occupants of the Ellan Vannin Old People's home, contrary to the requirements of General Policy 2 (g) and the principles promoted by the RDG 2021 with regard to impacts on neighbouring amenity.

• 7.4.2 The new dormers are not considered to generate privacy concerns as they would look over the adjoining roof with no opportunity to overlook this neighbour. Likewise, there would be no increases in the roof height and the new flat roof dormers which directly adjoin the neighbouring roof to the south would be positioned directly north of the rooflights on this neighbouring property, where the impact of overshadowing diminishes as the sun's orientation is east to west. As such, it is not considered that overbearing impacts or overshadowing would result from the installation of the dormers.

7.5 Parking and Highway Safety

• 7.5.1 Turning to the impact on highways, the key issue to consider is car parking provision. In terms of highway safety and parking concerns, it is considered that the provision for the site would meet the requirement for off-street parking to serve the new dwelling as the scheme would provide parking for two vehicles within the proposed garage. It is also noted that the apartment is within close proximity to a public transport corridor along Bucks 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 internal spaces would be adequate for a two bedroom dwelling and as the parking provisions would be adequate, the only primary windows on the ground would fail to provide the required outlook. The scheme would also result in overlooking of the neighbouring property which houses vulnerable occupants. As such, the proposal is considered to be contrary to the requirements of General Policy 2 and Paragraph 3.6 of the Strategic Plan, and the principles promoted by the Residential Design Guide. 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: 16.05.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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