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Application No.: 17/00087/C Applicant: Helmley Enterprises Limited Proposal: Change of use from office (Class 4) to ground floor retail (Class 1) and a residential apartment on first and second floors Site Address: 14 Douglas Street Peel Isle Of Man IM5 1BA Case Officer : Mr Edmond Riley Photo Taken: 22.02.2017 Site Visit: 22.02.2017 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of an end-terrace commercial building located on Douglas Street in Peel. Number 14 fronts Douglas Street and is immediately adjacent to Peel's town centre car park, and is within Peel's Conservation Area. - 1.2 The application site is a three-storey building with an unusual (and apparently retrofitted) triple-arched ground floor frontage. It is understood that the most recent use of the entire building is as an office. There is a small storage yard at the rear, set at an angle to the building, which is accessed off the car park and provides for two parking spaces and also the remnants of a planting area. - 1.3 The ground floor uses in the area are generally commercial, while above the uses would generally appear to be residential although (like the application site) there are some circumstances where commercial uses are also present on upper floors.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the change of use of the ground floor to retail, with the above two floors to be a two-bedroom flat. - 2.2 Also shown on the proposed plans is the alteration of the rear yard to provide three parking spaces along with a bin storage area, although no physical changes are proposed to enable this. The existing parking spaces measure 6.9m by 2.5m: those proposed would also be 2.5m in width and two would be 5.8m in length and one 6.9m in length. It should be noted that the spaces are not rectangular given the angle of the rear yard relative to the building.
3.0 PLANNING HISTORY - 3.1 The site has been the subject of several previous applications but none of these are considered specifically material to the assessment of the current proposal. The history reflects the change in use of the site to office under PA 84/00863/C, while other aesthetic alterations have also been approved - most recently under the unimplemented and now-expired PA 10/00524/B. - 3.2 There is also an application currently with the Department that seeks approval for the addition of rooflights, render and replacement windows (PA 17/00088/B).
4.0 THE DEVELOPMENT PLAN - 4.1 The application site is located within an area identified as being mixed use by the Peel Local Plan and is also, as noted, within the Peel Conservation Area.
4.2 Four policies of the Strategic Plan apply. - 4.3 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:
4.4 Housing Policy 17 states in full: "The conversion of buildings into flats will generally be permitted in residential areas provided that:
4.5 Environment Policy 35 states in full: "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 Transport Policy 7 states in full: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
Appendix 7 requires that two parking spaces be provided for the proposed dwelling, and space for 'service vehicles' be provided in respect of the retail unit.
"The proposal is to use the 1st and 2nd floor of an existing office building as a 2 bedroom apartment and the ground floor as retail use. There will be 3 car parking spaces at the rear of the building accessing Douglas Street via an existing car park; the proposed car parking spaces will not alter the existing car park arrangement or access.
"Highway Services do not oppose this application."
5.2 Peel Commissioners offered no objection to the application subject to a condition preventing the loss of access to parking on their car park adjacent to the site. These comments were received on 16th February 2017. On 28th February 2017, the clerk to the Commissioners confirmed that the comments referred to the proposed widening of the access to the existing parking area and not removal / alteration of the wall at the rear (southwest) of the application site. They further confirmed that the existing hatched lines alongside this building, used as a loading / delivery area, is a temporary measure while the Market Square works are ongoing and consequently would soon be 'returned' to car parking usage. - 6.0 ASSESSMENT
6.1 As the site is within a town centre and defined Mixed Use area, the principle of the proposal is acceptable. The return of the ground floor to retail use is to be welcomed as offices do not offer quite the same vitality as a shop that has a window display and regular customers. This element of the proposal is therefore judged acceptable.
6.2 Housing Policy 17 sets out the expectations in general amenity terms that should be afforded residential dwellings above commercial units. The flat proposed would benefit from three separate aspects (front; rear; side), and across two floors. The side windows are a welcome addition to the quality of the internal living conditions, but the outlook offered from the front and rear is considered to be most important. It is not beyond the bounds of possibility that development may be proposed as a continuation of this terrace in due course, and were the side elevations heavily relied upon to provide adequate living conditions for the occupants then it is possible that any such future development here could be prevented from occurring because of a worsening in the proposed flat's living conditions that could arise. However, the aspects to both front and rear are open and sufficient on which to provide an acceptable outlook for the proposed flat's residents. - 6.3 Beyond this, the dwelling would be set over two floors and have more than sufficient internal space for day-to-day living but also storage and clothes-drying. Externally there is proposed a bin store area, albeit that this might be difficult to access were the parking area altered as proposed. - 6.4 With regards the available parking, it must be questionable as to whether or not the three parking spaces shown could be readily and easily accessed. In town centre locations such as this a reasonable conclusion is often that no on-site parking is acceptable since so many properties will not be fortunate enough to have this benefit. Even were there no on-site parking, it would of course be a strong material consideration in the application's favour that the site is sustainably located within walking distance of the main bus stop, and is also situated immediately next to a very large public car park. - 6.5 The Commissioners' concern is understood and, while this is to some degree a private matter it remains an appropriate consideration. In noting Highway Services' views, and also the abovementioned concern that the alterations as proposed may result in poor access to the bin store area, it is considered that a condition preventing these works from being undertaken would not be unreasonable. - 6.6 Irrespective of this, it is concluded that the provisions of HP17 are met. - 6.7 While there is some concern that the neighbouring residential uses in the Corner House may be too close to allow for a comfortable relationship between the two buildings - particularly with respect to ensuring adequate privacy - it must be remembered that in town centre locations such as this shorter interface distances are the rule rather than the exception. It is understood that the addition of a permanent occupant in the building opposite may well be more uncomfortable than the fairly predictable (in terms of hours of use) office, but the refusal of this application may make finding alternative uses to the upper floors of the building difficult. It is something of a balance, but regard must be had to the existing building arrangement - which is not proposed to alter - and in this it is considered that an objection with respect to part (g) of GP2 would be difficult to sustain in an appeal situation.
6.8 It is moreover acknowledged that the uses proposed would be more appropriate for the town centre than an office, even if the latter is not in itself objectionable here.
7.1 It is concluded that the proposal complies with General Policy 2 in terms of the impact on neighbouring amenity, Housing Policy 17 in terms of the amenity that would result for residents of the proposed apartment, and Environment Policy 35 given the welcome mixture of town centre uses proposed within the building. Accordingly, the application is recommended for approval.
7.2 Normally speaking, it would not be unreasonable to attach a condition requiring the proposed parking spaces be laid out as shown on the submitted drawings prior to the occupation or coming into use of the residential flat or retail unit respectively. However, in this case the parking proposed is unlikely to be especially successful in terms of size or access, and moreover if the proposed spaces were brought into use they may actually prevent easy access to the proposed bin storage area, perhaps resulting in either damage to parked vehicles as bins are removed, or possibly the keeping of the bins on land outside of the application site. There is also plenty of nearby parking available. Therefore, a condition that in fact prevented the bringing into use the parking area as proposed was considered in this instance, not least given the Commissioners' preference for this. - 7.3 It is considered that such a condition would be appropriate in this instance. It would retain space to be used for public car parking, which would be reduced if the access was widened as proposed. The current access also provides some difficulties for people wishing to pull their bins out for refuse collection but this would be less so were fewer vehicles parked here than are proposed.
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 28.02.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
Reason: There is no particular need for additional parking space to be associated with this development and, while the physical works proposed are not objectionable, the widening of the access to provide an additional car parking space would reduce the amount of land that could be made available for public parking as well as worsening residents' access to the bin storage area.
2017) has been laid out as shown thereon. Reason: In order to provide adequate bin storage facilities as required by Housing Policy 17 of the Isle of Man Strategic Plan 2016.
The development hereby approved relates to the unnumbered and untitled drawing showing the location plan and existing and proposed floorplans and elevations, date-stamped as having been received 26th January 2017.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 02.03.2017 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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