DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00726/C Applicant: Mr Richard Cutts Proposal: Change of use from shop to 1 bed residential flat Site Address: 67A Derby Road Douglas Isle Of Man IM2 3EA Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.08.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

It is considered that the planning application is in accordance with General Policy 2 and Housing Policy 17 of the Isle of Man Strategic Plan 2016; Residential Design Guide 2021 and the Area Plan for the East 2020.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 26.06.2023. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

- 1.0 THE SITE

1.1 The application site is the curtilage of 67 Derby Road, Douglas which is located on the corner of Derby Road and Oxford Street. Currently, the building is laid out with a shop at ground floor level and a two bedroom apartment which occupies the first floor and the eaves space. The site has no off-street parking.

2.0 THE PROPOSAL - 2.1 The application seeks full approval for the Change of use from shop to 1 bed residential flat. There are no external alterations proposed to the building/site.

3.0 PLANNING HISTORY - 3.1 Then previous planning applications associated with this site is considered relevant in the determination of this application; - 3.2 Conversion of existing shop and apartment into a single dwelling - 12/00779/B APPROVED - 3.3 Alterations and erection of a garage with living accommodation above (Addition to approved 07/00205/B) - 07/01056/B - APPROVED

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area designated as "Predominantly Residential Use" under the Area Plan for the East 2020. The site is within a Conservation Area. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 4.3 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:

• a) Is in accordance with the design brief in the Area Plan where there is such a brief;
• 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;
• d) Does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• e) Does not affect adversely public views of the sea;
• f) Incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• 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;
• j) Can be provided with all necessary services;
• k) Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• l) Is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• m) Takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• n) Is designed having due regard to best practice in reducing energy consumption."

4.4 Housing Policy 17 states: "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."

4.5 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." - 4.6 RESIDENTIAL DESIGN GUIDE 2021

5.0 CONSULTATIONS - 5.1 DOI Highway Services have no objection (on 14.07.2023) making the following comments:

"After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The additional parking will remove a second parked vehicle from the dwelling from parking onstreet. The Applicant is advised to consider installing cycle parking in an enclosed and secure storage facility to aid Active Travel."

6.0 ASSESSMENT - 6.1 The following issues are relevant in the determination of this application; (a) principle of developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; and (c) potential private amenity for future occupants. PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES - 6.2 As stated earlier in this report, the application site is located within a wider area of land that is designated as predominantly residential use and therefore accords with this use. Approval, has also been granted in the past for the use of the shop to an residential unit and there are no new no material planning matters which would go against the proposal now. Accordingly, while the current proposal does meet the current land use designation, it is considered acceptable. POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION - 6.3 The single bed apartment proposed would require one parking space. However, there is no off road parking associated with this application or the existing shop. However, the site is also within walking distance of the town centre where shops and employment are located, as the site is very close to major bus routes. POTENTIAL PRIVATE AMENITY FOR FUTURE OCCUPANTS - 6.4 As outlined within Housing Policy 17 each apartment needs to have a "pleasant clear outlook, particularly from the principal rooms". All the windows serving the principal rooms (lounge/kitchen dinner) have views out over Derby Road/Oxford Street. These outlooks raise

no concerns and are considered acceptable.

6.5 Bin storage is located to the side yard, where the existing bins are stored.

7.0 CONCLUSIONS - 7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 2 and Housing Policy 17 of the Isle of Man Strategic Plan 2016; Residential Design Guide 2021 and the Area Plan for the East 2020 and it is therefore recommended that the planning application be approved.

- 8.0 INTERESTED PERSON STATUS

8.1 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.

8.2 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 above 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 : Permitted Date: 11.08.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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