DEC Officer Report

Application No.: 20/01545/B Applicant: Pop Investments Ltd Proposal: Alterations and roof works, installation of replacement windows, erection of a boundary wall, patio doors and juliet balconies Site Address: 21 Derby Road Douglas Isle Of Man IM2 3ES Planning Officer: Mr Peiran Shen Recommended Decision: Permitted Date of Recommendation: 04.07.2021 _________________________________________________________________

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.

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2, Housing Policy 17 and Transport Policy 7 of the Strategic Plan.

Plans/Drawings/Information;

This approval relates to the submitted documents date stamped as having been received on 23rd December 2020, and design statement, drawing no. 10-01 date stamped as having been received on 3rd March 2021, and drawing no. 10-02 Rev A as having been received on 5th March 2021.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:

D0I Flood Risk Management Division

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4) (or 4(2)):

8 Ravens Wharf

is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is 21 Derby Road, Circular Road, Douglas, a three-storey midterrace dwelling located on the south of Derby Road, between its junction with Derby Square and Derby Square Lane. There is currently four flats within the site. The site is currently vacant. - 1.2 There is a two-storey mono-pitched extension at the rear of the property. There is a rear lane on the rear of the site. There is no wall or fences at the rear boundary of the property and the site is directly connect to the rear lane. - 1.3 Derby Road is a two-way road with double-yellow line on both sides except for the section between Broadway and Derby Square Lane. There is no provision of off-street parking at the front of any residential property along the road.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the change of use of the building from a dwellinghouse (Class 3.3) to three flats (Class 3.4). The proposal also includes a series of work to the external elevations. - 2.2 The extension will be converted from a two-story mono-pitched extension to a threestorey pitched roof extension. - 2.3 The work also includes the erection of a rear boundary wall with access door, the installation of a spiral staircase and the installation of two Juliet balconies, replacement of fascia, svp and rwp to with uPVC ones and re-rendering the rear elevations to match existing. - 2.4 The proposed flat all have a living room/kitchen at the front elevation. Every flat also has two bedrooms and a bathroom. The ground floor flat also has a small terrace at the rear of the site. - 2.5 The proposal include three wall-mounted bike stands at the back of the ground floor, which can accommodate three pushbikes. The rear boundary wall has a section recessed from the rear lane to create space for bin storage outside the boundary wall. The flats on the first and second floor can access the bin storage through the spiral stair case.

3.0 PLANNING HISTORY - 3.1 There is no pervious application considered materially relevant to this application.

- 4.0 PLANNING POLICY

4.1 In terms of the local plan, the site is designated as Predominately Residential in the Area Plan for the East. The site is within the Windsor Road Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: - 4.3 General Policy 2: "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:

• (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;

• (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. (n) is designed having due regard to best practice in reducing energy consumption."

4.4 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." - 4.5 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 Transport Policy 7: "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." - 4.7 Appendix 7.1: "High levels of car ownership have led to an increase in the level of parking expected for residential development, and outside of town centre locations, these standards should not be relaxed. New-built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling …… the Department will consider reducing this requirement having regard to:

• (a) the location of the housing relative to public transport, employment, and public amenities;
• (b) the size of the dwelling;

• (d) the impact on the character and appearance of the surrounding area."

4.8 Appendix 7.1 continues: "Where new dwellings are created by the conversion of existing buildings, parking space should be formed by the clearance of outbuildings and low-grade annexes or 'outlets' if it is reasonable and practicable so to do. However, in general, the need to find a use for redundant buildings which are in sound condition will outweigh the drawback of any shortfall in parking provision." - 4.9 Appendix 7.6 states apartments should have "1 space for 1 bedroom; 2 spaces for 2 or more bedrooms." For guest house, there should be "1 space for every guest bedroom" it also states in urban locations stands maybe relaxed. - 4.10 Appendix 7.6 also states: "These standards may be relaxed where development:

• (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."

5.0 REPRESENTATION - 5.1 Douglas Borough Council write in requesting further information (02/02/2021). The comment state the council noticed that there is no access to the rear of the site for flats on the upper floors and therefore no access to existing bin storage. The comment recommend the applicant to review the application and ensure each flat has acceptable access to the rear of the property. - 5.2 Douglas Borough Council write in support of this application (19/04/2021) after their request of improving access of first and second floor to bin storage being met. The comment also kindly request the application to provide covered bicycle storage in the rear yard as well as installing external lighting at the rear of the property. - 5.3 DoI Highway Services does not oppose this application (22/03/2021). The comment states that there is no significant highway safety and network efficiency issues. As the site is within an accessible and sustainable transport location, there is no drastic change in the number of parking standard and the revision to provide additional cycling storage, the service find the impact on parking acceptable. - 5.4 DoI Flood Risk Management Division states there is no flood risk management interest in this application (19/02/2021). - 5.5 Councillor Andrew Bentley, Councillor Samuel Hammer and Councillor Devon Waston from Douglas Borough Council, representing the Derby Ward, wrote in objection to this application (01/04/2021). The address is under 8 Ravens Wharf. The comment states that although being supportive of the regeneration of the site, the design of the rear of the property should be changed to improve living amenities. The comment points out that the bin storage solution doesn't appear to consider recycling and could be left out in the rear lane and being target of anti-social behaviours and create littering issues. The comment also states that the rear design seem to have prioritised private amenities over the provision of fit-for purpose community amenities.

6.0 ASSESSMENT - 6.1 The key considerations for this application are the suitability of the location for flats, its impact on the amenities of its occupants, on parking provision, on the character and appearance of the Conservation Area and on neighbouring amenities.

• Suitability of the Site
• 6.2 The site is located in a residential area. The Area Plan for the East has designated the area as Predominantly Residential. The proposal fits within the designation and is therefore acceptable. Residential Amenities
• 6.3 According to Douglas Borough Council, the proposed bin storage and occupants access to the bin storage is acceptable. Although the bin storage has been places outside the rear boundary wall, the bins are still kept within the site. Therefore, it is considered that refuse storage provision is acceptable.
• 6.4 There are three proposed flats. Each of them has a living room/kitchen at the front elevation of the building. A living room is considered a primary room in the Residential Design Guide, and the outlook of the front elevation are road and other terrace, which are not unusual consider its proximity close to town centre. Therefore, is considered that the outlook for the flats are acceptable. Parking
• 6.5 According to Appendix 7.6 of the Strategic Plan, the proposed dwelling would need six parking spaces. However, there is no specific parking to be allocated for this development. There is undoubtedly pressure on parking in the vicinity, comparing to the existing use as a dwellinghouse which requires two parking spaces, there is an increase of four in the amount of parking spaces required.
• 6.6 However, the site is close to existing public transport link and within walking distance to town centre and a variety of amenities, meaning further relaxation of parking standard is acceptable. Combining the provision of cycling storage, it is considered that the impact on onstreet parking is acceptable. Visual Amenities
• 6.7 The replacement of fascia, svp and rwp to with uPVC ones and re-rendering the rear elevations are considered to have a neutral impact on the character and appearance of the Conservation Area and is therefore considered acceptable.
• 6.8 The erection of a rear boundary wall with access door is considered to improve the appearance of the Conservation Area and is therefore acceptable.
• 6.9 The installation of a spiral staircase and the installation of two Juliet balconies are at the rear of the site, which is not commonly frequent by the public. Therefore, it is considered that their impact on the character of the Conservation Area is acceptable.
• 6.10 The property is vacant and looks dilapidated at the moment. The proposal would bring the building into use and renovate the building in general. With active occupancy and property maintenance, the appearance of the site will improve and make a positive contribution to the character of the area again. Therefore, the proposal in general is considered to enhance the character of the area. Neighbouring Amenities
• 6.11 The existing extension has a bedroom at the rear extension of the first floor. The proposal would have a bedroom at the same location and one on the new floor created. This is considered to be an increase in the amount of overlooking to the terrace across the rear lane. The addition of the jubilee balcony further increase the perception being overlooked. However, as similar extension already exist along the terrace, it is considered that there is no increase in the perception of being overlooked in general.

7.0 CONCLUSION - 7.1 For the reasons that the proposal is considered to comply with General Policy 2, Housing Policy 17 and Transport Policy 7 of the Strategic Plan, it is recommended for an approval.

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 which 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 a Principal Planner 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: 19.07.2021 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.