DEC Officer Report

Application No.: 20/00268/B Applicant: Mr And Mrs Jim Maguire Proposal: Works to convert existing dwelling into 3 apartments Site Address: 10 Castlemona Avenue Douglas Isle Of Man IM2 4EH Planning Officer: Mr Paul Visigah Site Visit: 03.04.2020 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.04.2020 _________________________________________________________________

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.

• C 2. Prior to the occupation of the development hereby approved, the secure bin/bicycle storage area shall be provided in accordance with the approved plans and shall be permanently retained thereafter and solely for the purpose of refuse storage.

Reason: In the interests of the appearance of the development and of the amenities of the area and to promote sustainable travel in the interests of reducing pollution and congestion.

N 1. Action for Swifts is a joint Manx Ornithological Society and Manx Birdlife initiative which aims to learn more about, and increase the nesting opportunities for Swifts on the Isle of Man. They are looking for appropriate properties where Swift bricks or nest boxes can be installed in order to help increase the breeding numbers of these specially protected birds.

Swifts are a quintessential sign of British summertime and are often seen soaring over rooftops on late summer evenings, with their dark sickle-shaped wings and distinctive 'screaming' calls. Swifts are entirely reliant on buildings to nest but a significant number of nest sites have been, and are continuing to be lost when buildings are demolished or refurbished. Because swifts are faithful to their nest site, their breeding success is being severely affected and their numbers are declining dramatically.

In order to help out with efforts to increase Swift breeding numbers in the Isle of Man, the applicant may wish to consider installing a swift nest box, preferably high up under the eaves of the building, whilst the work on the rear elevation takes place. Nest boxes are very easy to install and furthermore, if used, the birds will make no mess.

Though not a necessary addition to the building, the installation of a nest box would be a great ecological enhancement for wildlife in the area and any efforts to help increase the number of breeding swifts across the Isle of Man would be greatly appreciated.

More information about Swifts and nest boxes can be obtained from, Secretary of the Manx Ornithological Society on 01624 835524 or from www.manxbirdlife.im/manx-birds/actionforswifts.

This application has been recommended for approval for the following reason. Overall it is concluded that the planning application accords with the provisions set out in Housing Policy 17, General Policy 2 and Appendix 7 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the Letters and Drawing Nos. JMT1946-P-00, JMT1946-P-01, JMT1946P-02, and JMT1946-P-03 date stamped and received 5 March, 2020.

_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is the curtilage of 10, Castlemona Avenue, a terraced three storey building with accommodation at the basement, situated on the eastern side of Castlemona Avenue towards its southern end. The property backs onto a building which fronts onto the Douglas Bay and exists as a part of Clarence Terrace on the Douglas Promenade. The building is currently laid out as a single 6 bedroom dwelling with two bedrooms and a shower on the basement level, living room and kitchen on the ground floor, a bedroom and bathroom on the first, and three bedrooms on the second floor. - 1.2 At the rear of the dwelling are a flat roofed detached single garage and an outbuilding with corrugated roof over, forming an enclosure around the rear courtyard. The rear lane is less architecturally attractive with plainer facades, less light and outlook. The rear lane also has allowance for private parkin for some of the dwellings. THE PROPOSAL

2.1 The proposal seeks approval for works to convert the dwelling into three apartments. - 2.2 The proposed works would involve internal alterations to enable the creation of three flats from the existing dwelling. There would be no external alterations besides the removal of the existing flat roofed garage at the rear boundary to create a parking area within the rear yard and the replacement of the existing front door. - 2.3 The existing outbuilding at the rear will be converted to a secure bin/bicycle storage area to enable level and direct access to the bin storage area from the abutting rear access

• lane, as well as easy access for residents via rear yard. The bin storage area will comprise an enclosed space (approximately 1.5m wide where it meets the main dwelling, 1m wide at the rear end and 4.8m long) with an access door set at street level to create level access for bin storage.
• 2.4 The internal arrangement will result in the basement and ground floor modified to create the first flat with two large bedrooms, a living and dining room, with shower room, while two single bedroom apartments would be provided on the two successive floors, each with their open plan kitchens/living/dining room. All the living rooms will be created to enable views to the street as they are placed on the front elevation with clear outlook. The basement floor bedrooms have partial outlook as they are served by the light wells which feed up into the enclosed front yard and the rear yard area respectively.

PLANNING POLICY

3.1 The site lies within an area designated on the Douglas Local Plan as 'Predominantly Residential' and on the draft Area Plan for the East as Mixed Use. The site lies outside of the Douglas Promenades Conservation Area or any other Conservation Area. As such the appropriate Strategic Plan policies to be applied are as follows:

3.2 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.

3.3 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. - 3.4 Sections 8.13.1 to 8.13.3 of the Strategic Plan

• 3.4.1 8.13.1 There are in the Island, and particularly in Douglas, many substantial buildings which, because of their size or form, are no longer suitable for the originally intended use as either single dwellings or holiday accommodation, but which are still structurally sound. The Department has for many years encouraged the conversion of such buildings, where appropriate, into flats.

• 3.4.2 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.

• 3.4.3 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.

3.5 Also, General Policy 2 is considered applicable as follows: 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 and
• (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;

3.6 Parking is also dealt with at Transport Policy 7 and Appendix Seven of the Strategic Plan as follows: the Plan requires there to be one parking space provided per single bedroom apartment and two parking spaces for apartments each with two or more bedrooms.

Appendix 7: "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: a) the location of the housing relative to public transport, employment and public amenities, b) the size of the dwelling, c) any restriction on the nature of the occupancy (such as sheltered housing) and d) the impact on the character and appearance of the surrounding area (paragraph A.7.1).

This goes on to recommend that one space is provided for a one bedroomed apartment, 2 spaces for two or more bedrooms but that "These standards may be relaxed where development: a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or b) would result in the preservation of a sensitive streetscape, or c) is otherwise of benefit to the character of a Conservation Area d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality" (A.7.6).

PLANNING HISTORY

4.1 The application site has been the subject of a previous planning application which is not considered to be materially relevant to the assessment of the current planning application.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letter dated 1 April 2020.

5.2 There has been no written representation made regarding the current planning application by the Douglas Borough Council at the time of writing this report, although they were consulted.

5.3 DEFA's Ecosystem Policy Officer has made the following comments on the application in a letter dated 26 March 2020:

Action for Swifts is a joint Manx Ornithological Society and Manx Birdlife initiative which aims to learn more about, and increase the nesting opportunities for Swifts on the Isle of Man. They are looking for appropriate properties where Swift bricks or nest boxes can be installed in order to help increase the breeding numbers of these specially protected birds.

Swifts are a quintessential sign of British summertime and are often seen soaring over rooftops on late summer evenings, with their dark sickle-shaped wings and distinctive 'screaming' calls. Swifts are entirely reliant on buildings to nest but a significant number of nest sites have been, and are continuing to be lost when buildings are demolished or refurbished. Because swifts are faithful to their nest site, their breeding success is being severely affected and their numbers are declining dramatically.

In order to help out with efforts to increase Swift breeding numbers in the Isle of Man, the applicant may wish to consider installing a swift nest box, preferably high up under the eaves of the building, whilst the work on the rear elevation takes place. Nest boxes are very easy to install and furthermore, if used, the birds will make no mess.

Though not a necessary addition to the building, the installation of a nest box would be a great ecological enhancement for wildlife in the area and any efforts to help increase the number of breeding swifts across the Isle of Man would be greatly appreciated.

More information about Swifts and nest boxes can be obtained from, Secretary of the Manx Ornithological Society on 01624 835524 or from www.manxbirdlife.im/manx-birds/actionforswifts

ASSESSMENT

6.1 The issues in this case are whether the proposed flats will have an adequate level of amenity (storage and bin space and outlook) and whether the shortage of parking provisions will result in adverse highway impacts.

- 6.2 ADEQUACY OF AMENITY SPACE

• 6.2.1 In terms of amenity, the amount of light available to the ground floor and upper floors would be adequate. Whilst the light available to the basement flat would not be ideal as the basement floor bedrooms rely on light wells for supply of lighting with partial outlook, it is considered that this is not a reason for refusal as the windows will have at least 40 percent lighting and outlook; enough to prevent the rooms becoming dark and damp spaces. It is also considered that the outlook from the windows of the basement rooms, although not providing complete outlook from the windows would be sufficient to ensure that there are no adverse impacts on this amenity.

• 6.2.2 As well, all the flats will have access to the secure bin/bicycle storage area at the rear, with sufficient bike storage for the created flats since each flat would have a bicycle storage provision. This storage area is also at the street level sufficient to allow for easy waste collection.
• 6.2.3 The inadequacy of the parking provision will lead to an increased demand for very few spaces in an already congested area. Visits to the area reveal that at certain times there are relatively few spaces free and it is easy to see how vehicles parked on both sides of the

carriageway will lead to congestion and potentially dangerous situations if emergency vehicles cannot get access. However, given that two of the units would be single bedroom units with lower occupancy levels, and the proximity of the property to the town centre and public transport services this will not result in an adverse impact on local highway conditions. Moreover, the applicant has indicated that the site is within Zone Q for resident's parking which stretches to Hutchinson Square and as such it is considered that the impact on parking provisions would not be sufficient to warrant a refusal.

• 6.2.4 Based on the foregoing, it is considered that there is sufficient amenity space provision, enough to satisfy GP 2 (h, I & j).

CONCLUSION

7.1 The proposed works are considered to bring a new lease of life to a building which is currently not being well maintained, with the addition of new bike store and bin storage area, all of which would have positive impacts on the property and the surrounding area and as such the application is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The Planning Committee must determine:

• * whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• * whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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.

Decision Made : Permitted Date: 29.04.2020 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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