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23/00316/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00316/B Applicant : Heathwall Ltd Proposal : Variation of Condition no 1 of Planning Approval 21/00168/C to extend the approval for a further 2 years for the continued use as a temporary car park Site Address : 37-41 Circular Road Circular Road Douglas Isle Of Man
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : 17.05.2023 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 31.05.2023 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed use is not in accordance with the land use zoning as set out within the Area Plan for the East.
R 2. The proposed temporary use would reduce the likelihood of a prominent brownfield site being brought forward and this would be contrary to Strategic Policy 1 of the Strategic Plan (2016), the policy on car parks as set out in "Reform of the Planning System - Programme for Government 2016 - 2021" and the recommendations of the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites (2017-2018).
R 3. The proposal would be contrary to Environment Policy 43 and General Policy 2 as the proposal would detrimentally affect the visual amenities of the street scene.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER
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1.0 THE SITE 1.1 The application site comprises 37-41 Circular Road, Circular Road, Douglas which is a parcel of land which has been used as a temporary car park. The land is flat with hardstanding. The site prior to 2010 accommodated three terraced properties. These were demolition due to their unsafe condition.
2.0 THE PROPOSAL 2.1 Planning approval is sought for variation of condition of approval No. 1 of Planning Approval 21/00168/C to extend the approval for a further 2 years for the continued use as a temporary car park.
2.2 The application is supported by a Planning Statement which sets out the intention to continue to use the site for car parking and the factors which have inhibited the development of the site for Office development. The Statement also identifies the development of a substantial development in Demesne Road, Douglas by the Manx Development Corporation as a factor that would further dilute the demand for office development in Douglas. They highlight that the use of the site would result in environmental benefits as it would serve to prevent fly tipping at the site.
2.3 The applicant would request the use as a temporary car park could be continued for a further 2 years in the hope that the property market will improve and the site can be developed as originally intended.
3.0 PLANNING POLICY 3.1 The site lies within an area of "Mixed Use Proposal Area - 4 St George's" on the Area Plan for the East 2020 (Map 5 - Douglas Central), and the site is not within a Conservation Area. The site is not prone to flood risks.
3.2 Given the location of the property, the following parts of the Area Plan for the East Written Statement are considered relevant:
3.2.1 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."
3.2.2 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."
3.2.3 Section 9.11 Development in areas of 'mixed use' "9.11.1 There are a number of areas of 'mixed use' outside of Douglas town centre. Some are identified by a site number on the Maps and others are not, for instance Village Walk in Onchan does not have a site number.
9.11.2 Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which
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are not compatible with residential development will generally not be supported within the areas of mixed use."
3.3 The Isle of Man Strategic Plan (2016) also contains a number of relevant policies which include:
3.3.1 General Policy 2 states (In part): "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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them.
3.3.2 Strategic Policy 1 states: "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."
3.3.3 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement"
3.3.4 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
3.3.5 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."
3.3.6 Environment Policy 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."
3.3.7 Paragraph 11.5.3 indicates that in the long term the target is to reduce the level of car parking required for town centre developments and seek to develop more sustainable staff and
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visitor transport plans but sets out a general policy (Transport Policy 7) "in the shorter term" which sets out parking standards for new developments.
3.3.8 "Environment Policy 42 states (In part): New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Council of Ministers have approved an Action Plan to Reform the Planning System (hereafter "The Action Plan"). The document "Reform of the Planning System - Programme for Government 2016 - 2021" GD2018/0031 was laid before Tynwald on 15th May 2018. One of the actions set out within this is that, "Council of Ministers have agreed the following Policy with immediate effect: In order to continue to incentivise and support site redevelopment and the associated economic development, Planning Approval should not normally be given for brownfield sites to be used as temporary car parks" and that this is important, "To ensure faster brownfield site redevelopment and encourage socio-economic development".
4.2 Report of the Select Committee of Tynwald on the Development of Unoccupied urban sites (2017-2018) (hereafter "The Select Committee Report" recommended that,
"Tynwald calls upon the Council of Ministers and all Departments to use every means at their disposal to encourage and prioritise the development of unoccupied or previously developed urban sites ahead of building on greenfield sites in the Manx countryside; and in particular that Tynwald is of the opinion that urgent action should be taken ... (iv) to use the planning system, taxation and other potential incentives to discourage greenfield development; (v) to use the planning system, taxation and other potential incentives to encourage brownfield development in Development Zones in Douglas and in other urban areas".
4.3 The Manual for Manx Roads (published by the Department of Infrastructure) sets out detailed guidance on highways matters.
5.0 PLANNING HISTORY 5.1 There have been a number of applications on the site, which are considered relevant in the consideration of the current application:
5.2 Creation of a temporary car park on vacant site - 10/01882/B - APPROVED on the 8th February 2011 with the following condition attached: "C 1. This approval is for the use of the site for car-parking for a period of 2 years from the date of this notice; this use must cease at the expiry of this period unless there is by that date planning approval for use for a further period."
5.3 Further to the above, planning approval was granted for Temporary use of car park for a period of 5 years under PA 21/00168/C on 24 April 2021. The approval condition stated thus: C1: "This approval is for the use of the site for car-parking for a period of 2 years from the date of this notice and this use must cease at the expiry of this period.
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 and having regard to the nature of the proposal and the reason for approval."
5.3.1 The approval condition for this application varied from that imposed under PA 10/01882/B in that it stipulated that the use as car park must cease at the expiry of the approved time period. It should be noted that the approval condition for the 2010 application allowed for variations to the time by stating that "this use must cease at the expiry of this period unless there is by that date planning approval for use for a further period", and as such
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allowed for time extensions provided a panning application was submitted before the expiry of the stipulated 2 year time limit.
5.3.2 It is also important to note that the Planning Committee in approving the 2021 application recommended that approval be granted for temporary use as a car park for a period of 2 years only, and noted that this time period would allow the whole site to be developed in line with previous approvals whilst giving the DofE emerging previously Developed Land Regeneration work sufficient time to develop.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking (31 March 2023). The have however made the following additional comments regarding the application: o They note that the proposal runs contrary to policy for temporary car parking provision and it is unclear if a special circumstance applies for its continued use as a temporary car park. o Additionally, there is an absence of compliant infrastructure for a permanent car park of accessible spaces and cycle parking storage to aid Active Travel. o Furthermore, they note Electric vehicle charging points would need to be considered too to help meet net zero objectives. o They advise that should Planning be minded to approve the application, duration restriction for an additional one or two years may be appropriate.
6.2 Douglas Borough Council has made the following comments (24 April 2023): "The Council is objecting to the application and would kindly ask that the planning authority gives consideration to the following. Firstly the Council is of a similar opinion to that of the Department Of Infrastructure's Highways Services Division in that the use of brownfield sites as temporary carparks should be restricted to encourage the development of such sites for alternative usage other than carparks.
The Council also considered the application against the Isle of Man Strategic Plan 2016 Strategic Policy 1: 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 reusing scarce indigenous buildings materials; (b) Ensuring efficient use of sites, taking into account the needs of access, landscaping, open space (1) and amenity standards;
Douglas Borough Council also considered the "Reform of the Planning System - Program for Government 2016 -2021" and the recommendations of the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites (2017 -2018) A key element of this being that it is considered preferable for unused brownfield sites to be developed as opposed to becoming carparks some of which are considered to have a negative impact upon the surrounding townscape.
Given all of the above the Council considers the continued use of the site as a carpark to be unacceptable and has resolved to object to the application."
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The main issues to consider in the assessment of the current application are:
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a. The Principle of the proposed development (STP 1 & 10, GP2, EP 43, TAPE, Reform of the Planning System - Programme for Government 2016 - 2021, & The Select Committee Report); and b. The Visual impact of the proposed development (GP 2 & EP 42); and c. Impact on Highway Safety (TP 4 & TP 6).
7.2 THE PRINCIPLE 7.2.1 In assessing the principle of the proposed development, it is considered that the temporary use of the site does not fit with the uses outlined within the Area Plan for the East. It should be noted that the Area Plan for the East sets out a number of uses for sites within the Mixed Use Area 4 - St George's within the Town Centre - Mixed Use Proposal 4, and temporary uses or use for car parking is not outlined as any of the acceptable uses for the area. As such, the proposed use is not considered to accord with the land use designation within the Area Plan for the East.
7.2.2 It is also important to note that the proposed use of the site, which is a temporary use of a brownfield site as a temporary car park discourages investment in its more permanent development, with the time within which the site has been used as a temporary parking area (between February 2011 to May 2023) which is in excess of 12 years, pointing to the fact that the temporary use actually limits the drive to seek the permanent use of the site for any of the mixed uses stipulated within Area Plan for the East. Therefore, it could be argued that the current scheme would be averse to the tenets of Environment Policy 43 which generally supports proposals which seek to regenerate run-down sites.
7.2.3 In addition, the proposal would conflict with the position of the Council of Ministers as articulated in the Action Plan to Reform the Planning System which clearly considers that "In order to continue to incentivise and support site redevelopment and the associated economic development, Planning Approval should not normally be given for brownfield sites to be used as temporary car parks" and that this is important, "To ensure faster brownfield site redevelopment and encourage socio-economic development". Whilst there is provision for allowing exceptional circumstances which would indicate that the 'normal' position as set out in the policy should not be followed, there is nothing within the submission that would indicate that the current scheme should be allowed under exceptional circumstances.
7.2.4 The arguments by the applicants within the Planning Statement which seeks to provide justifications for the continued use of the site as temporary parking are noted. However, it is considered that Office use is not the only acceptable use of the site. Therefore, whilst there may be a decline in the demand for office spaces (as indicated by the applicants), there is evidence to suggest that there is growing demand for other uses, such as residential uses within Douglas. As such, it is not considered that the argument that there is limited demand for office space provision is sufficient to warrant the continued use of the site for temporary parking purposes when it is clear that the site could be used effectively and economically for other permanent land uses allowed within the mixed use area. Given the factors highlighted above, it is not considered that the arguments articulating the reasons for the non- development of the site are valid in the current case.
7.2.5 Furthermore, there is no defined timescale or plan that clearly outlines the specific developments/events that would be carried out to ensure that the site is put into targeted use in accordance with the site zoning within the Area Plan for the East. In fact, the applicant's reference to the substantial development in Demesne Road, Douglas by the Manx Development Corporation as a factor that would further dilute the demand for office development in Douglas highlights the fact that there are no immediate plans to develop the site.
7.2.5 Another factor which weighs against the proposed use is the fact that the Strategic Plan sets out a broad long term direction of travel, and seeks to promote of other travel methods beside car use. This is reinforced by the policy within the Action Plan which seeks to restrict
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temporary car parks with immediate effect. Moreover, the site is within a few minutes' walk from the Capital Car Parks Westmoreland Road, the Shaw's Brow Car Park and about 400m from the Chester Street car park. In addition, the site is within a town centre location with good public transport links. Therefore, it is considered that the proposal would be contrary Strategic Policies 1 and 10, General Policy 2, and Environment Policy 43 of the IOMSP 2016, the Town Centre - Mixed Use Proposal 4 of the Area Plan for the East, The Action Plan, and the recommendations of the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites (2017-2018).
7.3 VISUAL IMPACT 7.3.1 In terms of the visual impacts of the proposed scheme, it is considered that the main public views to the site are from Circular Road and St. Georges Street, with the site currently appearing as a "gap site" between larger neighbouring properties when viewed from the surrounding street scenes. The size of the site coupled with the height of the neighbouring properties only highlight the gap in the street scene which is considered to result in adverse impacts on the character and appearance of the street scene.
7.3.2 Accordingly, it is considered that further allowing the site to remain as a car park would reduce the likelihood of a prominent brownfield site being brought forward and promote its current appearance which does not contribute positively to the character of the street scene and townscape, and this would be contrary to the requirements of General Policy 2 (b & c) and Environment Policy 42.
7.3.3 The argument that the likely increase in fly tipping at the site which would serve to depreciate the condition of the site if approval is not given for a temporary use is noted. However, it is not considered that this outweighs the benefits that would result from the use of the site for other mixed use purposes beside office use. Besides, the issues with fly tipping are matters for other legislations besides planning. As such, it is not considered that this weighs in favour of the proposal.
7.4 IMPACT ON HIGHWAY SAFETY 7.4.1 With regard to highway impacts, the comments from DOI Highway Services are noted and relied upon in this regard. In reviewing the highway safety issues, network functionality and /or parking elements of the proposal DOI Highways consider that the proposal would not result in significant adverse highway safety concerns, which weighs in favour of the proposal.
7.4.2 Notwithstanding the issues highlighted above which favour the development, DOI Highways have raised concerns with the principle and justification of the proposal as they note that the proposal runs contrary to policy for temporary car parking provision and consider that it is unclear if a special circumstance applies for its continued use as a temporary car park. They also note that there is an absence of compliant infrastructure for a permanent car park of accessible spaces and cycle parking storage to aid Active Travel which casts doubts as to the sustainability of the continued use of the site for parking purposes which has continued for a period in excess of 12 years. Furthermore, they have advised that should planning approval be granted duration restriction for an additional one or two years may be appropriate.
8.0 CONCLUSION 8.1 The proposal does not comply with the zoning as set out within the Area Plan for the East and this is a ground for refusal. As the proposal is at variance with the Reform of the Planning System - Programme for Government 2016 - 2021 and The Select Committee Report considering it seeks to continue to use a brownfield site as a temporary car park; a use which is not considered to facilitate faster brownfield site redevelopment and its associated socio- economic development.
8.2 Granting consideration of the highway elements of the proposal is finely balanced, on balance it is concluded that the proposal would reduce the likelihood of a prominent brownfield
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site being brought forward and this would be contrary to Strategic Plan Strategic Policy 1, Strategic Policy 10, General Policy 2, Environment Policy 43, the Area Plan for the East, The Action Plan, and the recommendations of the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites (2017-2018). Accordingly, the application is recommended for a refusal.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused
Committee Meeting Date: 19.06.2023
Signed : P VISIGAH
Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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