DEC Officers Report

Application No.: 20/00280/B Applicant: Mr & Mrs D Murray Proposal: Conversion of former care home to residential dwelling Site Address: Eastfield Mansion House (care Home) Eastfield Douglas Isle Of Man IM1 4AU 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. No new roof tiles may be installed until such times as the details of any new tiles have been approved by the Department and the new tiles must be installed in accordance with these details. The tiles must appear as natural slates to match what would have been the original roof materials of the property.

Reason: The property is within a Conservation Area and any materials should replicate the originals where practicable.

• C 3. All external facing, windows and garage door materials to be used shall match those of the existing Eastfield Mansion House in respect of type, style, size, colour, bond, pointing, coursing, jointing, profile and texture. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 4. All work of making good shall be finished to match exactly the existing building fabric in respect of type, size, colour, bond, pointing, coursing, jointing, profile and texture. Reason: In the interests of the character and appearance of the site and surrounding area.

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 or nest brick, preferably high up under the eaves of the building on the northern elevation, whilst the work to convert the property is being undertaken.

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.

Additionally, there is potential for nesting birds in the vegetation which is to be removed to facilitate the development, therefore I recommend the following advisory note is provided to the applicant:

All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to:

• o intentionally or recklessly kill, injure or take any wild bird
• o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use
• or being built
• o intentionally or recklessly take or destroy the egg of any wild bird
• o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building,
• or at a nest containing eggs or young, or disturb the dependent young of such a bird.

The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.

The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins. Thorough checks for birds, their active nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.

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 Environment Policy 35 of the Isle of Man Strategic Plan 2016, Policy CA/2 and the Residential Design Guide.

Plans/Drawings/Information;

This decision relates to Design & Access Statement, and Drawing Numbers 682/PL/101, 682/PL/102, 682/PL/103, 682/PL/104, 682/PL/105, 682/PL/106, 682/PL/107, 682/PL/108, 682/PL/109, 682/PL/110, 682/PL/111, and 682/PL/112 date stamped and received 6 March 2020.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The Owners/occupiers of 13 Eastfied, Douglas, as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.

It is recommended that the following organisation should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The Isle of Man Natural History & Antiquarian Society as they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is the curtilage of an existing property Eastfield Mansion House, Eastfileds, Douglas, which is part of a row of two storey terraced properties located on the northern side of Eastfiled, situated east of Westbourne Drive. This property can be accessed via Mount Bradda at the eastern end and Brighton Terrace at the western end. - 1.2 This site was previously in use as a residential care home and was formally a large detached dwelling. Its front boundary has significant sections enclosed with hedging and some mature trees which open up at the vehicular entrance. THE PROPOSAL

2.1 The application seeks approval for the conversion of former care home to residential dwelling. - 2.2 The first works will involve the removal of the existing three storey infill on the eastern elevation of the dwelling which links the dwelling to the terrace on the eastern elevation, the removal of the single storey extension and fire escape on the side elevation, as well as the removal of the single storey and two storey extensions on the rear elevation of the dwelling.

2.3 The other works will involve the erection of flat roof extensions on the side and rear elevations of the property, a stairway with roof lights on the rear elevation, as well as the creation of a two storey extension on the eastern elevation within the infill area, connecting the external walls of the dwelling to the existing terrace. This extension will have a pitched roof with two pitch roof dormers on the front elevation and two roof lights on the rear elevation, and be finished in Manx stone outer skin to emphasise the original form; maintaining the separation between the house, as proposed and the end of Eastfield Terrace as previously existed. PLANNING POLICY

3.1 The site lies within an area designated on the Douglas Local Plan (1998) Map 2 as 'Predominantly Residential', classed as 'Predominantly Residential' on the Area Plan for the East Draft Map 4, and the site is within the Woodbourne Road Conservation Area. As such, the development is expected to comply with the following Strategic Plan policies: - 3.2 7.29.2 Development proposals within Conservation Areas will be expected either to preserve or enhance their character or appearance. Development proposals should be in accordance with the Department's conservation policies set out in Planning Policy Statement 1/01, "Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man." There is generally grant assistance available to help in the use of appropriate materials and positive and appropriate development within Conservation Areas. - 3.3 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. - 3.4 Strategic Policy 4 states (in part) that "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;"

3.5 General Policy 2: 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;

3.6 Transport Policy 6: In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users. - 3.7 It is also important to consider guidance and policy regarding development in Conservation Areas: Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas): "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." - 3.8 POLICY CA/6 DEMOLITION

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

"Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole."

3.9 The following sections of the Residential Design Guide will also provide guidance in the assessment of the extensions on the dwelling.

• 3.9.1 Section 3.2: Potential Visual Impact of an Extension upon the Existing House

• 3.2.1 The first aspect which the Department considers when determining the suitability of an extension to a house is whether the design of the extension fits with the existing property. Extensions should generally appear subordinate to the existing house i.e. appear as smaller additions rather than being overbearing features dominating the existing house.
• 3.2.2 Extensions should generally have the same roof pitch (angle) and shape as the existing dwelling and the height (roof ridge) should be lower than that of the main building. Generally, pitch roofs are the preferred roof type compared to flat roofs which are generally inappropriate forms of development, especially if publically viewable, unless the existing property has a flat/low pitched roof design. The extension should normally incorporate any design/interesting features of the existing dwelling (with windows and doors replicating the design, proportions and materials of the original building, and being in line with the existing openings) unless a deliberate design decision has been made to adopt a different approach - as set out on the next page.

• 3.9.2 Section 3.3: Potential Visual Impact upon the Streetscene/Landscape

• 3.3.1 Extensions should generally be in keeping with the character and appearance of the street in which they are seen. Taking note of the spaces between existing dwellings and adhering to the front building line are important aspects when considering the appropriateness of an extension in the street scene. In the case of dwellings which form part of a group of properties and which have a prominent appearance within the streetscene, it will be especially important to ensure any extension does not adversely affect either the overall group of dwellings or the individual dwelling.

3.9.3 Section 3.4: Potential Impacts on Highway Safety

• 3.4.1 Generally, most residential dwellings have access to a parking space within the curtilage of the property which can improve environmental and highway conditions of the area. If two or less parking spaces are currently available within the property, the applicant should try to ensure that the extension would not result in the loss of parking. If there are more than two existing spaces, then the applicant should try to ensure that there would still be at least two acceptably sized parking spaces (a full sized parking space is 3.25m x 6m, although in some instances these can be reduced).

• 3.4.2 Careful consideration should also be given to ensure any extension does not impinge upon visibility for motorists or pedestrians, this is especially important in the case of dwellings located on corner plots adjacent to a public highway.
• 3.4.3 The Department of Infrastructure Highway Services have approved a Manual for Manx Roads that goes into further detail on the requirements for all highway related matters (including parking issues). Any application that relates to highway/parking matters should be considered against this document also. It is an offence under the Highways Act 1986 to carry out any works within the public highway without the permission of the Department of Infrastructure and no construction work affecting the highway can commence until a Section 109A Agreement has been signed.

3.10 The character Appraisal for Woodbourne Road Conservation Area states the following which will be vital in the assessment of the application:

"3.23 It is clear that in the planning of the Gardens and Squares in the Conservation Area, there was an overriding intention that the gardens are in harmony with the architecture that evolved around them. House frontages with their decorative features such as railings, gates, cornices, etched glass and ridge tiles were intended to be seen and appreciated for their individuality and splendour. The open Properties benefit from retention of plaster mouldings, sliding sash windows, the variety of bays, stuccoed quoins, string courses and hooded mouldings, all adding to the richness of architectural forms. The abundance of high quality fabric is a major contributory factor to the distinct character of the area. These qualities have survived many generations and enrich the quality of our built environment. Despite the increasing intrusions of modern day living. It is very difficult to draw a definite edge to the Conservation Area, as the buildings continue in typical design and quality detail into adjacent roads and avenues. The repetition of form along arterial and secondary routes, combined with a variety of detail, serves to draw these adjoining thoroughfares into a cohesive whole which is worthy of recognition and protection. The 'green elements of this environment and their immediate surrounds provide an obvious centre on which to base an appraisal of this fine array of predominantly nineteenth century architecture."

• 3.10.1 There is no clear description of the architecture of the Eastfield area within this appraisal besides a reference to the fact that:

"the 1869 Ordnance Survey Map shows the present street pattern with central gardens and with Eastfield House and Rose Lodge occupying corner positions at the east and west side of the square." (See Section 3.24)

PLANNING HISTORY

4.1 This application runs contemporaneously with PA 20/00280/B for conversion of former care home to residential dwelling.

4.2 Other applications related to the application are:

• 4.2.1 PA 86/00609/A for approval in principle for conversion of premises into residential home for the elderly and incorporation into Eastfield House - Permitted.
• 4.2.2 PA 86/00782/B for conversion to residential home for the elderly, extension to kitchen, and link corridor - Permitted.
• 4.2.3 PA 92/01197/B for alteration, first floor extension and construction of nursing wing. This was refused on review but approved at appeal in January 1994.
• 4.2.4 PA 97/00567/B for erection of replacement porch and installation of UPVC windows to replace existing to front and side elevations - Permitted.

• 4.2.5 PA 99/01614/A for approval in principle to construct 4 apartments building. This application was refused on review on 31 January 2000, and refused at appeal on 6 October 2000.

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 there is 'No Highways Interest' in the letter dated 1 April 2020.

5.2 Douglas Borough Council has stated that they have no objections to the application in a letter dated 24 March 2020.

5.3 The Isle of Man Natural History & Antiquarian Society has written in to make the following comments regarding the application in a letter dated 17 April 2020:

• i. The proposal to renovate and convert the House by removing the current link extension to Eastfield terrace is welcomed.
• ii. There appears to be no indication of the materials to be used in the new garage doors, which appears to be up and over doors, at the front elevation. The Society, therefore, suggests that these vertically opening timber doors be more in keeping with the design style of the rest of the extension and the existing mansion House

5.4 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 or nest brick, preferably high up under the eaves of the building on the northern elevation, whilst the work to convert the property is being undertaken.

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.

Additionally, there is potential for nesting birds in the vegetation which is to be removed to facilitate the development, therefore I recommend the following advisory note is provided to the applicant:

All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to:

• o intentionally or recklessly kill, injure or take any wild bird
• o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use
• or being built
• o intentionally or recklessly take or destroy the egg of any wild bird
• o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building,
• or at a nest containing eggs or young, or disturb the dependent young of such a bird.

The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.

The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins.

Thorough checks for birds, their active nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.

5.5 The Owners/occupiers of 13 Eastfied, Douglas, the abutting property to the application site have written in with the following comments in a letter dated 8 April 2020:

I support the planned development in principle and trust that steps will be taken to not further reduce the availability of parking in the local area during and after the development process. Furthermore, that the spirt of the local conservation planning controls and obligations in respect of demolition, new development and property alterations are upheld.

ASSESSMENT

6.1 There are a number of key issues to consider in the assessment of this current planning application. These include:

• i. The principle of the proposed conversion
• ii. The impact of the proposed alterations and extension on the existing dwelling itself.
• iii. The impacts of the proposal on the Woodbourne Road Conservation Area.
• iv. the impact that the proposed development will have on the amenities of the neighbouring dwellings, and
• v. The impact on Parking and Highway Safety; (GP2 (h) & (i))

6.2 The Principle

• 6.2.1 In terms of the principle of converting the property back to a single residential dwelling it is considered the proposal is acceptable. The site is designated as being within a Predominantly Residential area under the Douglas Local Plan (1998) Map 2 and therefore complies with this designation. Furthermore, in terms of internal and external amenities it is considered the future occupants of the proposed dwelling would have more than adequate amenity space and have clear and pleasant outlook from the principal rooms.

6.3 The impact of the proposed alterations and extension on the existing dwelling itself

• 6.3.1 The majority of the works at the rear and western elevation of the property will not be visible and as such will not have any effect on the character and appearance of the area. Most of the extension works would be single storey and whilst the flat roofs of the single storey extensions would not be most appropriate to the property, the fact that the roof structure and

• design of the extensions would give a uniform appearance on these elevations when compared to the previously existing disjointed extensions would make any impacts negligible. It is also noted that the stairs at the rear would be on two storey and would therefore be visible from sections of the rear access lane leading to the property; however, the design of this extension which matches the main dwelling and the steeply pitched roof which mirrors the design and finishing of the main dwelling would ensure that the development ties in with the appearance the existing Mansion House.
• 6.3.2 The introduction of the two-storey infill to replace the existing three storey infill with enhanced finishing and appearance to match that of the main dwelling; both at the front and rear elevation will be a positive element of the proposal given that the height, roof pitch, window styles and external finishing would enable the extension fit seamlessly into the character and appearance of the existing dwelling, besides being a subordinate addition to the main dwelling.
• 6.3.3 Overall, the proposed finishing for the external walls, window types, and roof slates would enable the extensions to tie in with the main dwelling; thus conforming to GP 2(b, c, and g), and section 3.9.1 of the RDG 2019.
• 6.4 Impacts of the proposal on the Woodbourne Road Conservation Area.

• 6.4.1 The proposed extensions and changes to the dwelling would decrease the mass of the dwelling substantially, which would give it a lesser visual impact when viewed from vantage points along the highways at the front and rear of the property.

• 6.3.2 In respect of the impact on the open green spaces within the site, which is a key feature the Character Appraisal highlights, it is considered that the proposal respects these features as the proposed site plan clearly segregates these areas as there are clearly delineated pedestrian areas and vehicular hardstanding areas which do not encroach onto these areas or alter green spaces nor impact on the existing trees and shrubs on site.
• 6.3.3 Also, since the property stands in a line of terraced dwellings, it is noted that the proposal will reinstate the gap (break) that once existing between the Mansion House and its neighbouring terrace and restore the historic street pattern when viewed from the street scene; making the section of the drive appear as originally intended. As such, the proposal is considered to accord with Policy CA/1 and Environment Policy 35.
• 6.4 Impact on neighbouring amenity

• 6.4.1 Regarding impact on the neighbours, it is considered that the area is residential and the original use of the site was residential, and as such the use as a private residential dwelling is unlikely to have unacceptable impacts on neighbours or result in impacts unusual for such an area.
• 6.4.2 It is also noted that the proposed development which would lower the height of the building on the eastern elevation and rear elevation would make the extensions less prominent when compared to the existing with negligible impacts on the neighbours. Moreover, the first floor windows introduced at the rear to serve the stairs, a non-habitable space, would diminish any impacts of overlooking that could result from the larger rear apertures serving the stairs.

6.5 The impact on Parking and Highway Safety

• 6.5.1 With regard to on-site parking provisions, the Isle of Man Strategic Plan - Appendix 7 indicates that generally two off road parking spaces are required for a single dwelling. The proposed development would provide three off street parking within the attached garage. There would also be additional off-street parking on the hardstanding area in front of the

garage; ensuring that the property has four on-site parking within the curtilage of the dwelling which is in excess of the requirements on the Island. As such, the application could be considered to accord with the parking standards stipulated in the Strategic Plan.

• 6.5.2 In terms of highways safety, the access to and from the site to Eastfield is considered to be appropriate. Use would be more regularised and likely less frequent than the previous use as a care facility - which may also have involved larger vehicles such as minibuses. The creation of a designated pedestrian access to the site linked to Eastfield would also ensure that there is adequate segregation between pedestrians and vehicles exiting and entering the site. This aspect of the development would ensure that the proposal accords with Transport Policy 6 and GP2 (h&i). CONCLUSION
• 7.1 As assessed above, it is considered that there is no demonstrable harm likely from the proposal and the proposal is considered to preserve the important aspects of the building and enhance those parts which are not. As such, in view of the policies of the Isle of Man Strategic Plan aforementioned, the application is recommended for approval. Whilst it is suggested that the garage doors should more properly reflect the original character of the building, the proposal adds modern elements to the traditional, existing buildikng and the works would be on the new element so what is shown in the drawings is considered acceptable. 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:

• 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

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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