Planning Officer Report

Planning Officer Report And Recommendations {{table:21858}} Case Officer : Mr Jamie Leadbeater Photo Taken : 14.08.2012 Site Visit : 14.08.2012 Expected Decision Level : Planning Committee

Officer's Report

THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE DEVELOPMENT CONTROL MANAGER.

The Application Site

1. The application site is the residential curtilage of a vacant three and a half storey Victorian end-of-terrace dwelling on Derby Road in Douglas. The property has a substantial two storey annex attached to the rear elevation and has contained courtyard area between the rear elevation and side elevation.

The Proposal

1. Proposed is the change of use from a residential dwelling to a residential care home. The care home would provide supervised assistance for 16-18 year olds in a 'home environment' and house up to seven residents.

Planning History

1. The application site has not been the subject of any previous planning applications. However, before 2008 the property was used for 17 years as a rehabilitation inpatient facility for the Mental Health Service, accommodating a maximum of 9 inpatients - permission was not officially granted for this use during the time period.

Planning Policy

1. The application site falls within an area designated for Predominantly Residential use in the Douglas (South) Local Plan 1998. There are no policies within the local plan, which are considered specifically material to the assessment of the planning application.

1. The Isle of Man Strategic Plan 2007 contains no policies which set out the planning requirements for residential care home. As such, given that the application site is zoned for land-use purposes, the following two policies considered relevant to the assessment of this proposal are as follows: 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:

• (g) does not affect adversely the amenity of local residents or the character of the locality".

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". The current standards are set out in Appendix 7 on the Strategic plan. Paragraph A.7.6 states the following with regard to Care Homes: "1 space per 3 residents in addition to spaces for staff and deliveries".

Representations

1. Douglas Borough Council has no objection to the proposal.

1. The Highways Division recognise that the building has been used for supervised residential care by government before. Although no parking in provided with the property, it is not considered the proposal would require the use of further nearby street disc-parking parking than if it were a residential dwelling. For clarity purposes, the supervising staff would not be eligible for parking permits, however residents would be.

Assessment

1. The use of a residential care home property for care purposes does not require approval until the number of bedrooms exceeds five. The application proposes seven bedrooms. Consequently, this application needs to be primarily assessed upon what impact the two additional bedrooms would have on the residential amenity of neighbouring residential properties. Considering no objections have been received by neighbouring residents and that the fact that prospective residents will be supervised by professionally trained staff, it is not considered the proposal would cause any demonstrable harm to the amenity of neighbouring residents than if the property was to be occupied for normal residential use. Although the proposal cannot provide the required on-site parking spaces, the Highways Division has not expressed concern that the proposed use cannot be suitably facilitated by the existing on-street disc parking. Overall, it is considered the proposal complies with General Policy 2 (g) and the requirements of Transport Policy 7 in the Isle of Man Strategic Plan 2007 and therefore is acceptable.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

The local authority, Douglas Borough Council are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 10.09.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the change of use of a residential dwelling for use as a residential care home as defined by the meaning in Schedule 3 Paragraph 1 (c) (ii) in the Town and Country Planning (Permitted Development) Order 2012.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : Permit Committee Meeting Date : 17/9/2012

Signed : Donald C. H. (signature) Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate