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Application No.: 14/01328/B Applicant: Hanover Developments Ltd Proposal: Demolition of rear and side annexes to existing building and conversion and extension of building to form seventeen apartments Site Address: Kingswood House 3 Harris Terrace Douglas Isle Of Man IM1 3PL Case Officer : Mr Edmond Riley Photo Taken: 17.12.2014 Site Visit: 17.12.2014 Expected Decision Level: Officer Delegation
THE APPLICATION IS BROUGHT BEFORE PLANNING COMMITTEE AS IT REQUIRES A LEGAL AGREEMENT AND HAS ATTRACTED AN OBJECTION FROM THE LOCAL AUTHORITY BUT THE OFFICER RECOMMENDATION IS TO APPROVE.
1.0 THE SITE - 1.1 The application site is the curtilage of Kingswood House, 3 Harris Terrace, Douglas, which is a large office building to the northern side of the highway. Although the building is currently laid out as offices, it is vacant and has been for some time. The main part of the building appears to be of blockwork construction finished with smooth painted render, and adjacent to this is a fairly substantial timber-clad, single-storey building. There is a car parking area to the rear of the building which is accessed off the rear service lane, while the front of the site is enclosed by a dwarf wall abutting the pavement. - 1.2 The area offers a curious mixture of building styles and uses. Immediately surrounding the site to the east, south and west is residential development of varying kinds. To the west is Harris Terrace, a short terrace of houses that were collectively entered onto the Protected Buildings Register in 2002. Although they do not exhibit special architectural merit, they represent, if restored, "a key example of early housing before the explosion of property encouraged by the development of Bucks Road. [The buildings] are reminders of the early development of Douglas from a busy port to the capital and seat of Tynwald". Also of interest in this respect is that the wall separating Harris Terrace into two roadways, and is of a kind normally found between rear access lanes serving Victorian terraced dwellings, is understood to have once represented the boundary between Douglas and Onchan parishes. It is also representative of an internal boundary within the original Ballakermeen quarterland. - 1.3 It is understood that the applicant intends to retain ownership of the apartment block and lease the flats himself. - 1.4 To the east is a fairly grand and well-proportioned building of a similar age and detail to the office block within the application site. It forms a pair of semi-detached properties, the easternmost of which is at the time of writing nearing a complete re-rendering. To the south lies the aforementioned wall, which also has trees along its length, and thereafter the rear of the buildings fronting onto Christian Road.
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1.5 To the north is the Ellan Vannin Care Home, which is set in its own grounds and which the site overlooks. Slightly further afield are a variety of uses, including a car sales garage, museum, gymnasium, bank and government offices. - 2.0 THE PROPOSAL
2.1 Full planning approval is sought for the demolition of the rear and side annexes to the existing building, and the conversion and extension of the building to form seventeen new residential flats. Three of these apartments would be retained within the existing building, while the remaining fourteen would be provided in the new extension, which would wrap around the rear and the eastern side of the existing building. All the flats bar one would have 2 bedrooms, and would have floorspaces of between 59sqm and 85sqm (with an average of those sixteen flats being 69sqm). The remaining flat, which would be on the top floor of the existing building, would offer 1 bedroom in its 55sqm. - 2.2 The development would exist over five storeys. On the newly-created Lower Ground Floor, there would be seven car parking spaces accessed via a newly-created downward ramp, access to and egress from which would be signal-controlled. Also at this basement level would exist a lift and staircase to access the upper storeys. - 2.3 On the Ground Floor, there would be three flats (one in the existing building) along with an area sufficient to provide space sufficient for seven cars: these would be accessed directly from the street, and would not have garage doors. Also on this floor, between the proposed parking and the existing building, would be bin storage, bicycle storage for up to 12 bicycles and space for 4 motorbikes. A smaller ramp would provide for highways access for bicycles, motorbikes and bin. Also, two areas of open space comprising hardstanding would be provided to the front of the existing building. - 2.4 On the First Floor, there would be five two-bedroom flats, again one of which would be in the existing building. This would be replicated on the Second Floor, albeit that the single flat within the existing building would have just one bedroom. Its natural light would be provided by six new Conservation-style velux rooflights. The building is narrower on its top floor. On the Third Floor would be the remaining four two-bedroom flats. - 2.5 It is noted that the proposed bedrooms and living rooms in the flats sit alongside one another - that is, one flat's bedrooms share a party wall / floor and ceiling with another flat's bedrooms, and similarly with respect to living rooms: such an approach will likely result in minimal disruption to occupiers of each of the flats. - 2.6 The frontage would be opened up slightly to allow for three parking spaces in front of the building along with the two areas of open space noted above. - 2.7 The design of the rear and side extension would be fairly contemporary. The front elevation would borrow some detailing - notably string courses and recessed render panels - from the existing building, and which can also be found on the neighbouring dwellings, and replicate these at the higher level. Behind this would sit a balcony and beyond that would sit the Third Floor discussed above. This detailing would be painted grey, as would that of the existing building, while the remainder would be painted white by contrast. The new element of the building would have two distinct vertical elements: that closest to the existing building would be quite heavily glazed, with small glass-fronted balconies sitting in front of two sets of double French doors. The other vertical element would be very simply detailed, with six windows sat in a fairly blank render panel. - 2.8 To the rear, the elevation is starkly contemporary. Again, the vertical definition is clear, with six separate sections being brought into focus. In form, these replicate the two vertical elements to the front elevation (although they do not offer the detailing of the front elevation) such that they
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are comprised of fairly stark render-and-window elements and glazing-dominated elements. That the six elements are of differing heights and widths should be noted.
2.9 Following the submission of the application and the receipt of some objections received from Highway Services and Douglas Borough Council, amended plans were submitted. The amended plans were prepared primarily to address concern in respect of parking arrangements and highway safety, and involved the rearrangement of outdoor parking spaces and the access ramp, the reduction of walls and railings to aid with visibility and the installation of a traffic light system within the basement parking area. Also resulting from this would be the relocation of some existing onstreet parking bays, but there would be no change to the number of spaces in front of the building at present (four). The application was fully re-advertised with these amended plans. - 2.10 The application has been supplemented with a parking survey, which was increased in scope following its original submission. Harris Terrace, Christian Road and Kingswood Grove were first assessed at 8am, 11am, 3pm and 7pm on Monday 10th November. A total of 22, 18, 19 and 25 spaces were observed at each of those times, with the lowest number recorded at Harris Terrace at 8am (3 spaces) and the highest number at Kingswood Grove, also at 8am (11 spaces). - 2.11 The second parking survey looked at each of those locations again, but only at 11am, 3pm and 7pm, and for a full working week w/c Monday 26th January. On 26/01/2015, a total of 16, 19 and 22 spaces were observed at those times; on 27/01/2015, a total of 15, 14, and 18 spaces were observed at those times; on 28/01/2015, a total of 18 and 19 spaces were observed at 11am and 3pm (7pm was not recorded); on 29/01/2015, a total of 14, 15 and 20 spaces were observed at those times (although the afternoon recording was at 4pm), and on 30/01/2015 a total of 15, 12 and 22 spaces were observed at those times. The lowest number available was recorded at Harris Terrace at 11am on 27/01/2015 (1 space) and the highest number recorded was at 7pm on 30/01/2015 (13 spaces). It is not known why no survey was conducted at 8am.
The following previous planning applications are considered specifically material in the assessment of the current application:
4.1 The application site is within an area zoned as "Predominantly Residential" identified on the Douglas Local Plan 1998. The site is also in the Windsor Road Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2, Housing Policy 17, Environment Policy 35 and Transport Policy 7 of the Isle of Man Strategic Plan. - 4.2 General Policy 2 states (in part): "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:
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4.3 Housing Policy 17 states: "The conversion of buildings into flats will generally be permitted in residential areas provided that:
4.4 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 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."
5.0 REPRESENTATIONS AND CONSULTATIONS - 5.1 The Environmental Health Team within the Department of Environment, Food & Agriculture advised on 28th November 2014 and 30th March 2015 that, "on completion of the intended works, [they must] comply with the requirements of the Housing (Regulation) Regulations 2013 and be registered thereafter under the same Regulations PRIOR to any of the flats being occupied". - 5.2 The Housing Division within the Department of Health and Social Care (as it then was) advised on 17th December 2014 that there remains a need for affordable housing in the Douglas area, and request that any Section 13 Agreement signed should provide a contribution to affordable housing based upon a contribution relating to the 17 units on the site (that is, at 17 x 25% = 4.25 units). This would result in a contribution, at £40,000 per unit, of £170,000. The Housing Division was asked to clarify why a contribution in lieu of on-site provision was considered acceptable, and they advised that seeking on-site units where the applicant intends to retain ownership of the entire building becomes complicated in terms of delivery of those units. Were the apartments to all be sold then this would be less of an issue and on-site provision would be sought. - 5.3 Highways Services objected to the application on 30th December 2014: "Highway Services objects to this application on the following grounds:
"This application fails to provide car parking that meets visibility and manoeuvrability standards and as such fails to satisfy GP 2 (h).
"There will be additional traffic using the substandard junction of the rear lane with Kingswood Grove. Kingswood Grove is one way with traffic approaching the rear lane from the south; visibility from the rear lane of traffic approaching from the south is severely restricted by the wall of no 1 Harris Terrace. The additional traffic from the underground car parking spaces will increase the risk of a collision at this location and as such the application fails to satisfy GP2 (i).
"The proposal applies a reduced car parking standard that could be acceptable due to the location of the site, however the parking spaces that are provided are difficult to use and may lead to additional car parking on the public highway within a controlled parking zone.
"This proposal includes a substantial section of new development and as such there is no reason to accept such a reduction in car parking standards.
"If the application is to be approved then the following conditions should be included:
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The agent to the application, as noted, drew up some amended plans in respect of these concerns and informally consulted Highway Services on those amended plans prior to their formal submission. Highway Services advised that they considered that those amendments would be such as to warrant the removal of their objection, albeit this position has not been confirmed since the application was re-advertised.
5.4 Douglas Borough Council objected to the scheme on 17th December 2014. They considered that "the development would be an over-intensive use of the site, and that the parking provision is unsufficient, as contained in the Parking Standards (Appendix 7) of the Isle of Man Strategic Plan. At the time of writing (three days after the end of the second consultation period), no further comments have been received. - 5.5 The Manx Utilities Authority requested on 23rd December 2014 that the applicant contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application. These comments were not updated. - 5.6 The Environmental Health Team within the Department of Environment, Food & Agriculture wrote to the applicant on 28th November 2014 to advise that the development, once complete, must comply with the Housing (Registration) Regulations 2013; Planning was sent a copy of this letter. - 5.7 As noted, the application was fully re-advertised and the end-date for the consultation period ends on the day on which this report is being prepared such that there may be some verbal updates made to Planning Committee at their meeting to discuss the proposal.
6.0 ASSESMENT - 6.1 The main issues to consider in the assessment of the application are the impacts upon the neighbouring properties, highway safety and parking provision, the impact of the proposal upon the character and appearance of the Conservation Area, and whether the site could provide adequate amenity space in itself. - 6.2 The application site is within an area zoned as "Predominantly Residential" and therefore the proposed use would be in accordance with the land use zoning. At present the building is laid out as office accommodation. The report into the 2012 application on this site noted that it was previously used as a temporary night shelter for a maximum of eight people. - 6.3 The immediate surrounding uses are all residential and it is considered that this, coupled with the decision issued to the 2012 application, is such that the principle is acceptable. The overall acceptability will turn on the details of the proposal. The main issues to assess are (a) the design proposed and its effect on both Kingswood House and Harris Terrace in general, and (b) the issues surrounding parking and highways safety. The proposed design
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6.4 In the first instance, it is worth noting the case officer's assessment into the 2012 application in respect of the character and appearance of the site relative to its surroundings:
"The timber building to the side of the main office building is not attractive and does not contribute to the character and appearance of the street scene. The scale and materials used on the building make it a discordant feature in the area. Whilst the conversion of the main office building would contribute to the street scene it is considered that the retention of the timber building would not contribute to the Conservation Area. Moreover, the retention and conversion of the timber building would impact on the ability to provide adequate parking and amenity space for the site as a whole. It is therefore concluded that only if the main building was proposed for conversion, is the scheme acceptable."
6.5 Although there was no condition applied to that effect when approval to PA 12/01614/A was issued, it is especially welcome that the scheme now submitted follows this advice. However, the effect of retaining the existing building is such that any redevelopment scheme needs to carefully acknowledge that building, which is attractive, and not undermine it. - 6.6 There are several ways a redevelopment of such a site could be approached, and the agent has taken a route that reflects the existing building's form, massing and detailing but that offers a contemporary twist on this. The principle of such an approach is considered acceptable. - 6.7 It is to be noted that direct views of the kind submitted in the application will rarely (if ever) be possible given the narrowness of the lanes in the area and the necessarily oblique angles from which the site would be apparent. The photomontages are helpful in visualising the impact of the proposal in this respect. - 6.8 The Planning Statement does not indicate why the proposed design approach has been taken, but it is in any case understood to some degree since the proposal has been the subject of lengthy pre- and post-submission discussions with the Department. The intention is to pick up on some of the key design features of the existing building - in particular the full-height pilasters, string course and parapets with recessed panels across its façade, as well as the strong vertical emphasis that is provided by these features along with the building's window arrangement - and bring these into an extension that would be clearly read alongside the older, more attractive building as a contemporary addition without slavishly copying the existing. The use of a large expanse of blank wall behind the main building in the proposed rearward extension would help to 'frame' Kingswood House. - 6.9 The proportions of the windows pick up on those of the existing but have no glazing bars to match: this results in a comfortable relationship between the two elements that helps to differentiate between the existing and the proposed (or the 'old' and the 'new') while clearly keeping the whole building as a single entity. The use of balconies in the newer element, along with plenty of glass, reinforces this impression. - 6.10 It is considered that the overall design approach taken to the principle elevation is therefore acceptable, and would enhance the character and appearance of the Conservation Area. The removal of the existing timber structure is unlamented, while the careful and selective replication of existing, successful design features on both Kingswood House and also the two dwellings further down the road is especially welcome in bringing an element of contemporary architecture that is not unnecessarily dominant to what is an attractive but, at present, slightly run-down streetscene. - 6.11 The proposed rear elevation is wholly contemporary. While it does replicate the proportions and some of the finishings (in particular the painted render banding) of the front elevation, the intention here is clearly to be more ostentatiously contemporary. The rear elevation is currently not especially attractive and sits amongst other rear elevations that offer a similarly neglected appearance. This is often the case in older terraced buildings where the rear elevations are perhaps less visible and, although Harris Terrace does not have a corresponding terrace to the north to
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'shield' views of it, it still retains this visual impression. It is, however, surprisingly well-concealed from Kingswood Grove by the curvature of the street and also mature trees within the grounds of the adjacent Ellan Vannin Care Home such that the approach taken here is not inappropriate.
6.12 Other redevelopment proposals in Conservation Areas have, in recent times, tended to take a more contemporary approach to the rear elevation. The new dwellings / apartment blocks at the eastern corners of Derby Square are especially good examples of this. While this rear view is more visible, and would be more easily read against the remaining, more traditional (albeit neglected) rear elevations on Harris Terrace than is the case on Derby Square given the openness of the site, it is still considered that the proposal would represent an enhancement to the appearance of this part of the Conservation Area. While the flat roof might appear slightly incongruous, the existing, somewhat tumbledown, nature of the rear elevation is such that the proposals would result in an uplift to the visual appearance of the terrace as a whole. It is probably the case that an approach similar to that taken with the front elevation might have been preferable, but that proposed remains an improvement on the existing situation and would provide a clean and harmonious rear elevation to a building that currently benefits from neither. - 6.13 Concern has been raised that the proposal represents overdevelopment of the site. While this concern is understood - and is in many ways tied to the lack of parking provision proposed, which is discussed further below - the fact remains that the building would have a similar height to that of its immediate neighbour. The site can accommodate a mass of this nature without harming the streetscene, and that the new extension would have its uppermost storey set back from the street (and painted a light colour to reduce its visual impact) is such as to mean that the streetscene at both the front and rear would not be harmed by the proposal. Had an additional storey been proposed, or an extension to the front of the site proposed as well, it is considered that such concerns would carry a good deal more weight. However, the proposed building would not represent a significant increase in footprint over the existing situation, and it is considered that this site can accommodate a building of fairly significant mass relative to its surroundings for the reasons given. - 6.14 In view of the above, it is considered that the proposal would enhance the character and appearance of the Conservation Area, and would not have a negative impact on the adjacent Registered Building group, and therefore complies with Environment Policy 35 of the Strategic Plan. Parking and highways safety - 6.15 In the first instance, it should be noted that Highway Services' initial objection has not been formally rescinded, but they have commented favourably on the amended scheme. It has not been possible to confirm their official position at this stage. It is therefore considered appropriate to approach the scheme as if their original objections have been withdrawn, but that their recommended conditions remain so recommended. - 6.16 The general access arrangements are considered acceptable. The highways surrounding the site are fairly low speed and, while visibility is perhaps not at the preferred level (especially onto Kingswood Grove), this reflects the town centre location and the age of the streets here are not so able to provide extensive visibility as those more recently constructed or less populated with buildings. The provision of a traffic light system to the basement parking area will aid safe access to and egress from the site by avoiding cars meeting one another on the ramp. The reduction in height of walls within the site is also welcome and will aid visibility. All of the above indicates that an objection to the proposal on grounds of visibility / access would not be sustainable, even if the proposal might not meet the standards normally expected. - 6.17 The proposed parking provision situation is less clear-cut. The scheme would provide 17 parking spaces, which would be a shortfall of 16 (33 overall would be expected to be provided: 2 per each 2-bedroom flat and 1 for the single one-bedroom flat). It is, in the first instance, welcome that every flat has at least one parking space. Space is also provided for 4 motorbikes and 12 pedal
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bikes; this is welcome, and appropriate, but would off-set the shortfall rather than overcome it. As the scheme would be a new development, all prospective purchasers would be aware of the fact that only one designated parking space (plus non-designated motor / pedal bike spaces) would be available. This would hopefully suggest that those people absolutely needing two cars would either look elsewhere or would reduce their car ownership.
6.18 It is unfortunate that the expanded parking survey neglected to cover 8am, although it has recorded the early evening situation, which is perhaps more important. On each occasion over that week (and the single day in January), at least one space was available in all three of the surveyed areas, and a minimum of 12 spaces across the three areas were available at all times - with the availability generally being better than that. This indicates that there is some spare capacity on the surrounding streets during weekdays - no information is provided for the weekends - and therefore a relaxation in parking standards might be acceptable. It is important to balance this against other material considerations: the provision of spaces for motorbikes and pedal bikes is one such consideration. The others are the location of the site and the nature of the proposed redevelopment. - 6.19 The site is located close to Douglas, which is the largest shopping and employment centre on the Island and also benefits from the best public transport links to elsewhere on the Island. It is considered that the site is therefore in an especially sustainable location and this goes in the scheme's favour and is a positive balance against the lack of parking proposed. - 6.20 Secondly, it is considered likely that a greater level of parking provision could be made were the existing building to be demolished. The Department was very keen to avoid this from the earliest stages of the emergence of this redevelopment proposal. The retention of Kingswood House is considered a significant positive in terms of retaining important built heritage on the Island and helping to maintain an important and sensitive streetscene. That this retention has, on the flipside, resulted in a possibly lower parking provision than might otherwise be the case is unfortunate but is certainly judged to be an acceptable balance, especially in light of the parking survey and (apparent) lack of objection from Highway Services. This is a fairly typical outcome from a conversion scheme within an area of a town that was built and designed some time before the advent, let alone ownership, of the motor car. It is therefore considered that the retention of Kingswood House is another positive against which to balance the failure of the scheme to meet its full parking provision. - 6.21 It is therefore concluded that, on balance, the location of the site and retention of Kingswood House are positively balanced against, and outweigh, the failure of the scheme to provide the full parking provision. Other matters - 6.22 A scheme of this size would normally be expected to provide some public open space. Clearly in view of its location, and the existing building on the site, this is largely (but not completely) impractical. Some open space is provided to the front of Kingswood House via a pair of 'shared landscape areas' that are behind the front boundary wall and would have some planting amongst the otherwise paved area. It is proposed that there would be a financial contribution in lieu of the remaining open space that should be provided on site, and discussions are ongoing between the applicant and Douglas Borough Council. - 6.23 As noted, the affordable housing situation is proposed to be addressed by way of an off-site contribution. The Committee will need to consider whether or not this is an appropriate method of addressing the issue of affordable housing. There has been at least one occasion where such an approach has been taken recently (at the Former Hollies restaurant site in Onchan), but each case should be treated on its own merits. The situation here is that there is no reason that the affordable housing cannot be provided on site; the Housing Division have advised that to seek a contribution would be less complicated given the intended arrangements. These ownership
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arrangements are not for the planning system to take an interest in: what needs to be decided is whether or not the approach taken by the Housing Division is appropriate and acceptable in Planning terms.
6.24 It is considered that what is proposed is an acceptable outcome. While it would be preferred for the provision to be on-site, the fact remains that some provision will be made, and it is possible that the £170,000 proposed will be used in areas of greater need and towards units more appropriate for public housing. The fact that the Housing Division has requested a financial contribution at all suggests quite strongly that there is some need in Douglas for affordable housing provision. Moreover, it must be accepted that the approach taken by the Housing Division must be taken as being, in their officers' opinion, the most acceptable or appropriate way forward given the circumstances of the application. It could be considered that to go against the advice of professional housing officers would be inappropriate. On balance, then, the principle of a contribution in lieu of on-site units is not viewed in such a negative light as to warrant recommending the application's refusal. - 7.0 RECOMMENDATION
7.1 In view of the above, it is recommended that Planning Committee grant planning approval subject to the satisfactory completion of a Section 13 Agreement in respect of financial contributions relating to affordable housing and open space, and also subject to conditions. - 8.0 INTERESTED PERSON STATUS
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and Article 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and Article 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
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Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
N 1. This approval is subject to a legal agreement.
This approval relates to the following plans, date-stamped as having been received 20th November 2014: 773/010, 773/014, 773/015, 773/016, 773/022, 13TS028-01, 13TS028-EL-01 and 13TS028EL-02, and also to the following plans, date-stamped as having been received 13th March 2015: 773/011 Rev A, 773/012 Rev A, 773/013 Rev A, 773/017 Rev A, 773/018 Rev A, 773/019 Rev A, 773/020 Rev A and 773/021 Rev A.
I can confirm that this decision has been made by the Interim Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 29.11.2016 Determining officer
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Signed : J CHANCE Jennifer Chance
Interim Director of Planning and Building Control
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