DEC Officer Report

Application No.: 19/00271/B Applicant: Manticore Limited Proposal: Alterations and erection of rear extension to provide ground floor retail unit (class1) with three residential apartments above Site Address: 7 Marina Road Douglas Isle Of Man IM1 2HD Principal Planner: Mr Chris Balmer Photo Taken: 05.06.2019 Site Visit: 05.06.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 05.06.2019 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the occupation of any apartment hereby approved the provision of the lockable cycle rack for 8 cycles is required to be installed and completed as shown on Drawing 197/20b and retained for the parking of cycles thereafter. Reason: To ensure that sufficient Cycle Parking provision is provided.

N 1. The applicant is recommended that each kitchen should be fitted with a 3 compartmental bin for recycling purposes.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 197/001, 197/020b and 197/010 received on 11th March 2019 & 11th June 2019.

_______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site represents the curtilage of 7 Marina Road, Douglas which is a four storey traditional end terrace building with two storey rear outrigger. The property is located on a corner plot with Marian Road to the east, St Thomas Walk to the north and Market Street to the west. To the north of the site is the public house Sam Webbs. - 1.2 The application property currently accommodates a shop at ground floor level and 3 flats above.

2.0 THE PROPOSAL - 2.1 The application seeks full approval for the alterations and erection of rear extension to provide ground floor retail unit (class1) with three residential apartments above. - 2.2 The works involve the demolition of the rear two storey outrigger and replaced with a four storey extension. The new extension would accommodate a new retail until at ground floor level which would front and have direct access onto St Thomas Walk. The three upper floors which again would have a separate access from St Thomas Walk, would accommodate three additional apartments. - 2.3 Bin and bicycle storage is provided and access via separate doorways directly off Market Street.

- 3.0 PLANNING HISTORY

3.1 There have not been any previous planning applications which are considered relevant in the determination of this application. - 4.0 DEVELOPMENT PLAN POLICIES

4.1 The application site is within an area designated as "Predominantly Shopping" use under the Douglas Local Plan Order 1998. The site is not within a Conservation Area, albeit boards the Conservation area to the north and east.

4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 4.3 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

4.4 Environment Policy 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area." - 4.5 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• a) Is in accordance with the design brief in the Area Plan where there is such a brief;

• b) Respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• c) Does not affect adversely the character of the surrounding landscape or townscape;
• d) Does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• e) Does not affect adversely public views of the sea;
• f) Incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• g) Does not affect adversely the amenity of local residents or the character of the locality;
• h) Provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• i) Does not have an unacceptable effect on road safety or traffic flows on the local highways;
• j) Can be provided with all necessary services;
• k) Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• l) Is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• m) Takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• n) Is designed having due regard to best practice in reducing energy consumption."

4.6 Housing Policy 17 states: "The conversion of buildings into flats will generally be permitted in residential areas provided that:

• (a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking;
• (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and
• (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area."

• 4.6.1 While the above policy specifically deals with conversion of existing buildings, it is considered useful when determining this application as well and the matter addressed in this policy are relevant in the determination of this application.

4.7 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 4.8 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." - 4.9 Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)." - 4.10 Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5." - 4.11 The Central Douglas Master Plan (2014). The Masterplan is not a statutory document in itself, although it was approved by Tynwald. It was intended that it would be a material consideration in the determination of applications and be reviewed for inclusion in the Area

• Plan for the East. The Masterplan introduced a series of Character Areas that reflected the existing nature and uses of particular areas of Douglas town centre while identifying opportunities for growth and evolution. These Character Areas remain relevant and have been used as a basis for the Area Plan Proposals. The site is within an area known as "Strand Street" under the plan.
• 4.12 The Draft Area Plan for the East (2018) designates the site as "Mixed Use". Relevant policies from the draft plan include:
• 4.13 Urban Environment Proposal 1 states: "The creation of residential units on the upper stories of buildings particularly in Douglas town centre or the subdivision of buildings (particularly in the case of older and underused buildings) for residential use will generally be supported provided proposals do not conflict with other strategic policies or proposals in this plan."

- 5.0 CONSULTATIONS

5.1 Douglas Borough Council made the following comments (on 17.05.2019):

"The above application was placed before the Council's Environmental Services Committee at a meeting held on 15th May 2019. Following consideration of the application the Committee resolved the following:

• (i) The Council supports planning application 19/00271/B;
• (ii) It be noted that support of the application is based upon the amended plans submitted by the architect demonstrating that there will be eight bicycle stores;
• (iii) The Council asks that the applicant gives consideration to providing adequate space for three section kitchen bins for recycling provision as recommended in the Affordable Housing Standards Design Guide (2016); and
• (iv) The Council suggests comment is received from the Fire Service and Environmental Health on the adequacy of pram storage at the entrance."

5.3 Environmental Protection Unit (EPU) made comments (01.04.2019) to the initial application which raised the number of concerns: "I write to advise that; if the proposed development were to go ahead then, for the following reasons, both the existing and proposed flats would not meet the requirements of the Housing (Standards) Regulations 2017:

• o If the spaces marked 'storage', immediately outside the front doors of Flats 4, 5 and 6, are intended to provide storage space for the respective flats then the flats would not be selfcontained contrary to Paragraph 1 of Schedule 2, which states:

"1 Requirement to be self-contained In the case of premises which are flats they must be so designed, arranged and equipped as to be self-contained, save that a common entrance may be provided to a block of flats."

• There would be nowhere to store bins contrary to Paragraph 8 of Schedule 2, which states:

"8 Storage of waste

• (1) Premises must be provided with readily accessible and reasonably suitable receptacles for the storage of refuse.
• (2) Adequate provision must be made for the storage of such receptacles and for the disposal of refuse to the satisfaction of the local authority."

• o There would be no reasonable space to store prams and bikes contrary to Paragraph 13
• of Schedule 2, which states:

"13 Additional storage facilities Reasonable storage facilities for such items as baby carriages and bicycles must be provided"

Paragraph 10 of Schedule 2 also states: "10 Washing and drying of clothes Facilities for the washing and drying of clothes must be made available for the exclusive use of the occupants of, in the case of flats, each individual flat and premises." It would be useful if these facilities were indicated on the plan."

• 5.3.1 Following these comments and discussion between the applicant, EPU and DBC the plans were amended. No further comments where received from EPU.
• 6.0 ASSESSMENT

6.1 The following issues are relevant in the determination of this application; (a) principle of developing the site for retail & residential purposes; (b) parking provision; (c) potential impact upon neighbouring amenities; (d) visual impact upon the street scene/adjacent Conservation Area and (e) amenities for future occupants of the apartments.

PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES

6.2 As stated earlier in this report, the application site is located within a wider area of land that is designated as predominantly shopping use under the Douglas Local Plan. Given that the use of the ground floor of the proposal would be for retail use, then this aspect meets the land use designation.

6.3 The three uppers floors are designated proposed development would be residential. It is also noted that the proposed mixed uses would meet the current Draft Area Plan for the East land use designation currently proposed on this site. Whilst limited weight can be attached to the draft plan at this stage, it is acknowledged that the "direction of travel" of the draft plan, would be met by the proposal in terms of uses as outline in "Urban Environment Proposal 1", which seeks such development to enable a more active area during evening/night periods.

6.4 Again the proposal would fit with the guidelines of the Douglas Master Plan, which itself has been incorporated into the Draft Area Plan for the East. - 6.5 None of the uses proposed would be contrary to the Local Plan, IOMSP and Draft Area Plan for the East and therefore the proposal in terms of the principle of development is considered acceptable and comply with the relevant IOMSP polices. PARKING PROVISION - 6.6 The proposed would not provide any parking provision, as is the situation with the existing building. Accordingly, it could be concluded the proposal is contrary to the Parking Provision of the IOM Strategic Plan. However, the IOMSP does indicate that the parking 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.

6.7 Overall, it is considered given the site is within walking distance of the town centre where shops and employment are located, as the site is very close to major bus routes; adjacent to Chester Street Car Park; bicycle provision is provided within the site; as there has

been no objection from neighbours and it is not possible to provide parking provision on site, it is therefore concluded that the lack of off street parking provision in this case is acceptable and would not significantly effect on street parking in the locality.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES

6.8 The property most likely to be affected would be the accommodation above Sam Webbs pub. There are a total of six windows at first and second floors (above pub) which directly face towards the application site and are approximately 7.8m away from the northern elevation of the existing/proposed elevation. However, these windows do not appear to serve primary habitable accommodation (living rooms) but rather landings and non-residential purposes. Accordingly, while the development would have an impact, it is not considered the impacts would be so significant to warrant a refusal. VISUAL IMPACT UPON THE STREET SCENE/ADJACENT CONSERVATION AREA - 6.9 The current two storey rear outrigger with attached building/structures does not add to the character or quality of the area and their replacement with the proposal would be of benefit. Furthermore, the extension in terms of proportion, form, design and finish would fit well with the existing traditional building and therefore comply with GP 2. The proposal would also not detrimentally affect important views into and out of the Conservation Area and therefore comply with EP36 as well. AMENITIES FOR FUTURE OCCUPANTS OF THE APARTMENTS - 6.10 Arguably this is potentially the main issue with this application, namely whether the outlook from the principal rooms will have a "pleasant clear outlook". Each of the apartments would have an open plan kitchen/living/dining room and all would have a total of five windows. The main outlook would be from the two rear windows which would look over the rear 1st floor playground of the recently closed St Thomas School and beyond the woodland below the Manx Museum. While views of the playground area are not especially attractive, open views of the woodland are pleasant. Arguable, these views are greater than any of the flats along Stand Street which are enclosed and limited. - 6.11 Accordingly, in this case the amenity in terms of outlook of future occupants is considered acceptable for a town centre location. - 6.12 Each apartment would have access to the rear bin store and secure bike store. The plans also include large storage cupboards/areas within each apartment which is beneficially for future occupants. The proposal does not include external clothes-drying areas, albeit for a number of years the Department has accepted that tumble dryers can be used, and this proposal the kitchen area has the ability to accommodate a dryer. OTHER MATTERS - 6.13 While DBC views are acknowledged and understand, in terms of Fire Regulations/EPU these matters are separate legislation and would be considered during any Building Regulations application/Flat Registration.

6.15 In terms of bin storage there is adequate bin storage to the rear of the building. In terms of DBC seeking adequate recycling bin storage, the first time buyers "Affordable Housing Standards Design Guide (2016)" seeks that each kitchen has provision for a 3 compartmental bin for recycling purposes. These would be 300mmm in size. This could be provided within the kitchens of the new flats, but again is not an aspect which the Department could require or refuse the application on. However; a note could be added, as recycling should be encouraged. - 7.0 CONCLUSION

7.1 For the reasons outlined within this report it is considered that the planning application is in accordance with the relevant policies of the Isle of Man Strategic Plan 2016, the Douglas

• Local Plan, The Central Douglas Master Plan and The Draft Area Plan for the East and it is therefore recommended that the planning application be approved.
• 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (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 decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed 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 (EPU) make comments in a professional capacity they cannot be given Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : …Permitted……….... Committee Meeting Date:…15.07.2019

Signed :…………C BALMER…………….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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