DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00070/B Applicant: Holdaijo Ltd Proposal: Conversion to create a single four-bedroomed house with balcony Site Address: 19 Mount Havelock Douglas Isle Of Man IM1 2QG Principal Planner: Mr Chris Balmer Photo Taken: 20.02.2024 Site Visit: 20.02.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.02.2024

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. The development hereby approved shall not be occupied or operated until the parking areas as shown on Drawing P-01 REV A have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking of vehicles associated with 19 Mount Havelock and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 3. Prior to the occupation of the dwelling hereby approved the provision of the bin store and cycle provision are required to be installed and completed as shown on Drawing P-01 REV A and retained for those purposes thereafter. Reason: To ensure that sufficient bin storage and cycle parking provision is provided.
• C 4. The only model of Air Source Heat Pump that shall be installed is the Samsung 16kW Air Source Heat Pump KIT 250LTR

• Reason: To ensure the development is implemented according to the plan submitted and in the interest of protecting amenities of neighbouring property.
• C 5. The Air Source Heat Pump must be installed according to the plans and supporting information and must be maintained as such thereafter and ensure that the Air Source Heat Pump shall not result in noise levels which exceed 42 decibels in volume LAeq 5 minute when measured at 1 metre external to the centre point of any relevant door or window to any residential neighbouring building as measured perpendicular to the plane of that relevant door or window. Reason: in the interest of residential amenities
• C 6. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the following windows and shall be maintained as such thereafter;

Rear Elevation - first floor All balustrades and full height windows all on roof terrace

Reason: In terms interests of neighbouring residential amenities.

• C 7. For the avoidance of doubt all replacement windows to the front elevation (excluding dormers) shall be "50/50" split sliding sash windows and shall be retained as such.

Reason: In the interest of the character and appearance of the Conservation Area and the individual property.

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, Environment Policy 35 and Housing Policy 17 of the Isle of Man Strategic Plan 2016; Residential Design Guide 2021, Section 18(4) of the Town and Country Planning Act (1999) and the Area Plan for the East.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 25.01.2024 and email dated 22.02.2024. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the curtilage of 19 Mount Havelock, Douglas which is a three storey terraced property, located on a corner plot with Mount Havelock to the northeast and Christian Road to the northwest. The site has a single off-street parking to the rear of the building.

2.0 THE PROPOSAL - 2.1 The application seeks full approval for the conversion to create a single four-bedroomed house with balcony. - 2.2 Works include the following;

• o Replacement windows throughout;

• o Creation of an additional parking, cycle and bin storage to the rear of the site by the removal of a timber decking wall under the under croft of the building (RB application also submitted);
• o Demolition of rear three storey lean to outlet;
• o A rear single/two storey extension (forming a roof terrace at first floor);
• o Installation of a ASHP to rear;
• o New replacement heritage roof lights to front elevation and replacement rooflights to the rear;
• o Three pitched roofed dormers to front elevation;
• o Rear flush flat roofed dormer; and
• o Existing GF floor to rear re-introduced;

3.0 PLANNING HISTORY - 3.1 Then previous planning applications associated with this site is considered relevant in the determination of this application; - 3.2 Conversion of office to create a single four bedroomed residential property 24/00073/B - Pending Consideration - 3.3 Registered Building Consent for demolition elements to PA 24/00070/B - 24/00071/CON

• Pending Consideration

3.4 Alterations and refurbishment to create Director's apartment on second and third floor 24/00069/B - Pending Consideration - 3.5 Alterations and extensions - 95/00431/B - Approved at appeal - 3.6 Renovation and conversion of existing property from flats to offices - 87/04299/B APPROVED

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area recognised as being an area of "Mixed Use Proposals Areas", under the Area Plan for the East 2020. The site is within a Conservation Area, but not a Registered Building. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 4.3 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."

4.4 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."

4.5 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." - 4.6 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 4.7 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". Area Plan for the East 2020 - 4.8 "Mixed Use Area 4 - St George's This is the business district of Douglas and is characterised by offices, many serving financial institutions. Athol Street is notably the core of this area and is representative of the economic well-being of the Island. There is a smattering of food and drink uses supporting the area. The primary office frontage along Athol Street is notated by the hatched line on Map 5.

Town Centre - Mixed Use Proposal 4 There will be a presumption in favour of offices and financial and professional services along Athol Street. Within the area, but outside of Athol Street, offices, financial and professional services, food and drink and some residential uses will also be acceptable. Uses which conflict with these will generally not be supported. As this area lies partly within a Conservation Area, development plans should pay regard to the Conservation Area Character Appraisal for Athol Street and Victoria Street."

- 4.9 RESIDENTIAL DESIGN GUIDE 2021

5.0 CONSULTATIONS - 5.1 DOI Highway Services have no objection (02.02.2024) making the following comments: "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking." - 5.2 Douglas Borough Council comment (12.02.2024); "This development must not prohibit the refuse bins from being removed from the highway to be stored within the curtilage of the property between refuse collections. Further advice on these requirements can be found on the Council's website under the Council's Waste Management Guidelines for Architects."

6.0 ASSESSMENT - 6.1 The following issues are relevant in the determination of this application; (a) principle of the first floor for residential purposes; (b) potential impact upon highway safety/parking provision; (c) potential private amenity for future occupants; (d) impact upon visual amenities of the Conservation Area/Street Scene; and (e) Impacts upon neighbouring amenities. 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 mixed use and therefore a residential use raise no concerns. The building where original built as a single dwelling and then later into flats and then to its current use as an office. The Area Plan for the East indicates within "Mixed Use Proposal 4" that such areas could accommodate residential use. In this case it is considered to be appropriate. The buildings either side of the site are an office and residential/guest house. POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION - 6.3 The proposed four bed dwelling would require two off road parking spaces and these are being provided as well as cycle provision. Accordingly, the proposal would comply with the IOMSP parking standards. - 6.4 Furthermore, there are a number of public car parking spaces in close vicinity, as well as a number on-street parking (Christian Street/Kingwood grove). Also the unit is within the centre of Douglas, which benefits from public transport links to the whole Island and the site is also within walking distance of the town centre where shops and employment are located. POTENTIAL PRIVATE AMENITY FOR FUTURE OCCUPANTS - 6.5 As outlined within Housing Policy 17 any converted property needs to have a "pleasant clear outlook, particularly from the principal rooms". All the windows serving the principal room (living room) have views out over Mount Havelock and beyond to Onchan Head/sea views above Chester Street car park. These outlooks raise no concerns and are considered acceptable. - 6.6 Bin storage is located to the rear yard, where the existing bins are stored. Impact upon visual amenities of the Conservation Area/Street Scene; and (e) - 6.7 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Section 18(4) of the Town and Country Planning Act (1999) as mentioned above, also requires that the desirability of preserving or enhancing its character or appearance in the exercise. - 6.8 The main works centre on the front pitched roof dormers to the front elevation and the works to the rear elevation, namely the demolition of the rear three storey outlet and replaced with a single/two storey extension with roof terrace above and a flush flat roofed dormer. - 6.9 In relation to the front elevation the replacement of windows, the applicants have confirm (email) that the windows to the front elevation can be condition to 50/50 split sliding sash windows, replacing the existing casement windows. This is of benefit/enhancement to the property and the Conservation Area. Three pitched roof dormers again are considered appropriate and match with neighbouring properties with similar pitched roofed dormers. Accordingly, these proposal are considered in keeping and appropriate to the character and quality of the Conservation Area.

6.10 The works to the rear elevation are not especially apparent from distant or open public views, rather enclosed views when passing the site from the rear lane. The character of the area to the rear is not especially visually pleasing and is not why the site was designated as being within a Conservation Area; namely a collection of different styles of built form, including pitched roofed, flat roofed extensions and flat roof dormers. Accordingly, it would be difficult to argue the flat roofed elements to the immediately area are especially out of keeping with the area, given the number and range of such forms of development. There is some concern that the proposal does not respect the site in terms of its form (i.e. flat roof) as per requirements of GP2. However, it is a more modern approach with the use of larger sections of glazing and external standing seam lead sheet finish, which arguable adds more interest compared to a painted render dormer which would raise significant concern. - 6.11 The proposal does reduce the mass of the rear elevation, with the three storey element being demolished and replaced with the part single/two storey extension. This element results in a covered/uncovered rear roof terrace. Again the use of roof terraces above rear outlets is not uncommon in the area and again the works would not have a significant adverse impact to the character and appearance of the area. - 6.12 All other external changes listed raise no concerns. Impacts upon neighbouring amenities. - 6.13 The neighbouring residential property Nr 1 Christian Road has ground floor windows and in relation to the impact of the Air Source heat Pump, namely through noise it is considered from the information submitted and the use of the ASHP Calculator which the Department has available; the proposal would result in a decibel level below 42Dba (generally accepted as an acceptable level of noise). - 6.14 The rear works proposed reduce the mass of the rear elevation and therefore will have some benefits. The proposal with the dormer and Juliet balcony and roof terrace at first floor do give raise to overlooking. However, the use of obscure glazing, and the angled views from the roof terraces and retention of boundary walls are such that the impact would not be significant to warrant a refusal. It is also noted that there are six existing first and second floor windows which have views towards Nr 1 so the level of privacy is already compromised to some extent, albeit the exiting windows from the rear elevation will be set back further than the existing, to help reduce the level of overlooking. Overall, it is considered the proposal would have a neutral impact upon amenities of Nr 1 Christian Road.

7.0 CONCLUSIONS - 7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 2, Environment Policy 35 and Housing Policy 17 of the Isle of Man Strategic Plan 2016; Residential Design Guide 2021, Section 18(4) of the Town and Country Planning Act (1999) and the 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) 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:

• 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 above who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 28.02.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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