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The application site is No.20 Derby Road. The building currently contains 3 flats. To the south of the application site is the public highway of Derby Road and to the north is a service lane. To the east of the site is No. 18 Derby Road and to the west is No.22 Derby Road. The site is zoned as predominantly residential in the Douglas Local Plan. The site is also located within a Conservation Area.
This application is seeking permission to create an additional flat from flat 3. The new flat will be created on the second floor of the building.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Housing Policy 17, Transport Policies 4 and 7
Housing Policy 17 states that "The conversion of buildings into flats will generally be permitted in residential areas provided that:
The following previous applications are considered relevant in the consideration of this application: 87/04276/B - Internal alterations and upgrading of flats- refused 87/01906/B – Alterations and renovations to upgrade 2 flats – refused
Highways Division of the Department of Transport have objected to the application on the grounds that the development proposal creates another dwelling and the requirement for more on-street parking in an already congested area. They also note there is an opportunity to create off-street parking at the rear of outlet in the yard.
Standard comments have been received from Isle of Man Water Authority and the Isle of Man Fire and Rescue Service
The principle of the use is compatible with the area since it is zoned as predominantly residential within the Douglas Local Plan. Furthermore, the flat will have a pleasant outlook from the building.
In terms of parking, the Highways Division of the Department of Transport have objected to the application on the grounds that the development proposal creates another dwelling and the requirement for more on-street parking in an already congested area; however, Housing Policy 17 does not specifically require parking to be provided, but rather only if it is practical and possible. In order to create off street parking at the application site would involve demolishing part of the existing rear outrigger; however, the outrigger is currently used as separate flat on ground floor level and as part of Flat No.3 at first floor level. It would appear to be unreasonable, in this case, to require the demolition of the outrigger which will result in the removal of a separate flat. It is therefore considered that parking on the site is not practical and that the site is suitable for an additional residential unit, as it located in a sustainable location i.e. the site is within walking distance of the Town Centre. It is suggested that a refusal on lack of parking would not be sustainable at appeal considering the wording of Housing Policy 17 of the Strategic Plan.
The notes suggested by consultees are not material planning considerations and for that reason are not attached to the report, as part of the recommendation.
It is recommended that planning permission be granted subject to conditions.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Whilst the Isle of Man Fire and Rescue Service and the Isle of Man Water Authority represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.
In summary, 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:
Accordingly the following parties are not afforded interested party status:
Recommended Decision: Permitted
Date of Recommendation: 02.07.2008
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the creation of an additional apartment as shown in drawing numbers 01 and 02 date stamped 17th April 2008.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made: Permitted Date: 31.7.2008
Signed: [Handwritten signature] Mrs F Mullen Senior Planning Officer
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