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Application No.: 10/00091/B Applicant: Grove Properties Ltd Proposal: Creation of an apartment Site Address: - Lower Ground Floor - 114 Castlemona Avenue - Douglas - Isle Of Man - IM2 4EF ### Considerations Case Officer: Ms Henrietta Hopkins Photo Taken: 23.03.2010 Site Visit: 23.03.2010 Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee: Director Of Environmental Health Notes: comment received Consultee: Highways Division Notes: Objection Consultee: Douglas Corporation Notes:** No objection
The property subject of the application relates to 114 Castlemona Avenue, Douglas. The subject property is an end terraced unit located in an established residential area.
The applicant proposes to convert the lower ground floor of the private residence into an apartment with a few external alterations. The external alterations include knocking down part of the rear wall to allow the yard to be used for the parking of cars.
The application site is located within a 'Predominantly Residential Area' in the Douglas Local Plan Order 1998. The building is located on the edge of Douglas Promenade Conservation Area. The Isle of Man Strategic Plan 2007 contains policies which are considered specifically material to the determination of this application – General Policy 2, Environment Policy 36 and Housing Policy 17.
General Policy 2 states the following: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of the 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 affect adversely 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 the necessary services; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; I) 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."
Environment Policy 36 states the following: "Where development is proposed on the 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."
Housing Policy 17 states the following: "The conversion of buildings into flats will generally be permitted in residential area 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."
Strategic Policy 1 states the following: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used 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 and amenity standards; and c) being located so as to utilise existing and planned infrastructure, facilities and services."
Strategic Policy 2 states the following: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in exceptional circumstances identified in paragraph 6.3."
PLANNING HISTORY 01/01657/B - Installation of upvc windows to replace the existing and construction of garage Permitted (19th December 2001).
10/00089/B - Installation of replacement windows to front and rear elevations -Permitted (2nd March 2010)
Department of Transport have raised an objection to the proposed development due to Castlemona already being heavily congested. The lane at the rear for the proposed parking in the yard is not wide enough. 6 metres is required and the lane measures just under 5 metres.
Douglas Corporation have raised no objection to the proposed development. Environmental Health Officer has stated the following: "The proposed flats/apartments must on completion of the intended works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same regulations prior to any of the flats being occupied."
The application site is located within a 'Predominantly Residential Area' and is located on the boundary of Douglas Promenade Conservation Area. Given the nature of the proposed development it is therefore appropriate to assess the proposed development against the policies identified earlier within the report (i.e. General Policy 2, Environment Policy 36 and Housing Policy 17 of the Isle of Man Strategic Plan 2007).
Firstly it is considered that the proposed flats are not acceptable with regards to highway safety. The street is already heavily congested and to allow the proposed conversion of the ground floor into a flat will exacerbate the situation. The proposed parking arrangements to the rear are not satisfactory and consequently would lead to an increase in on-street parking, which would harm the amenity of others and result in highway safety issues. The Department of Transport have thus raised an objection to the proposed development. The proposed development would thus be contrary to General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2007. There have been numerous other refusals within the immediate vicinity for the conversion of properties to flats and these are as follows:
01/02417/B - 1/3 Empress Drive - Conversion of third floor to four flats (refused at Appeal) 03/00187/APPEAL - 17th May 2004
01/02418/A - 1/3 Empress Drive - Approval in principle for conversion of basement, ground, first and second floors to twelve flats - Refused at Appeal (03/00188/APPEAL)
01/02303/B - 30 Castlemona - Conversion of guesthouse to three flats including the installation of uPVC windows and doors to replace existing - Decision split at appeal (8th October 2002). Split decision at appeal - flat conversion refused/doors and windows approved.
The application for 30 Castlemona was refused on the following grounds: "The proposed development would lead to an increase in demand for parking space; the proposed off-site arrangements are not specifically defined or secure; in the absence of specific and secure arrangements, the development would lead to an increase in on-street parking, which would add unacceptably to the existing congestion, which on occasions is so bad as to impede access to the Avenue for public service vehicles."
The proposed development is also considered not to provide satisfactory living accommodation failing General Policy 2 and Housing Policy 17. The flat would have a poor outlook with the lounge and bedroom located in the basement. The proposed flat would have poor light and would have lack of storage for refuse, parking of bicycles and hanging of clothes, thus being contrary to Housing Policy 17.
For these reasons the proposed development is considered unacceptable and it is therefore recommended for refusal.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore afforded Interested Party Status: Department of Transport
Douglas Corporation The following parties are not afforded Interested Party Status in accordance with Planning Circular 1/06: Environmental Health – the information received is covered under separate legislation
Recommended Decision: Refused
Date of Recommendation: 26.03.2010
The proposed parking arrangements to the rear are not satisfactory and consequently would lead to an increase in on-street parking, which would harm the amenity of others and result in highway safety issues. The proposed development would thus be contrary to General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2007.
The proposed development would result in substandard living accommodation for future occupiers. The proposed development would thus be contrary to General Policy 2 and Housing Policy 17 of the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made: Refused Date: 26.12.10 Signed: __________________________ Senior Planning Officer
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