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1.1 This application seeks planning approval in principle to redevelop, with an office building, a site which fronts onto the southern side of Peel Road between No. 41 Peel Road and the former Wool Control Centre. The buildings which currently occupy the site were built as motor garage/sales premises and are currently used as such by a tenant.
1.2 This application seeks planning approval in principle only for the redevelopment of the site with an office scheme. As such it does not seek approval for a building of a particular size or design, which are amongst the issues that would form the subject of a subsequent application seeking approval to Reserved Matters.
2.1 The application site is immediately adjacent to the southern side of Peel Road, between the dwelling at No. 41 Peel Road and the former Wool Control Centre. The northern part of the site is currently occupied by buildings and parking areas which are used as motor garage/sales premises, whilst the undeveloped southern part contains trees and vegetation and slopes steeply down towards the Isle of Man Railway line. A laneway/right of way which provides access from Peel Road to undeveloped land to the south west of the site runs through the site in part and then alongside part of the eastern site boundary.
3.1 The most recent and relevant planning application in respect of the site sought approval under PA 09/00198 to remove the buildings and use the site for car parking, on a temporary basis pending its proper redevelopment with an office or residential scheme. The application was approved in April 2009.
4.1 The planning policy context for the application is set out in the Isle of Man Strategic Plan (IoMSP) and the Douglas Local Plan 1998.
The IoMSP was adopted by the Department in June 2007 and approved by Tynwald the following month, and is intended to provide “the strategic and general policy framework within which provision will be made for development and conservation needs for the period 2001-2016”. Together with Area (and Local) Plans the IoMSP forms a Development Plan as required by the 1999 Town and Country Planning Act. It is made clear in the Plan that “in the case of any inconsistency between the provisions of the Strategic Plan and the provisions of an Area Plan, whichever came into force later will prevail”, with the Strategic Plan being the most recent in this instance.
Amongst the Strategic Objectives of the Plan it is indicated that resources should be protected, used, and re-used in an efficient and economic way, and that most new development should be guided towards existing settlements in order to make “the optimum use of existing and planned infrastructure and services”. This accords with the stated intention to promote urban regeneration and the re-use of derelict and redundant sites. The Plan also seeks to reduce the need for travel, “especially by private car”, and states that new housing and employment should be located “close to existing public transport facilities and routes, or where public transport facilities are, or can be improved, thereby reducing the need to use private cars and encouraging alternative means of transport”. It is also stated amongst the Strategic Objectives that the viability, vitality and diversity of the economy should be maintained and improved by enabling improved employment opportunities, and that the Plan should seek to ensure that sufficient land and property in terms of location, size and type is available for employment purposes.
The Strategic Policies which flow from these objectives emphasize the need for development to make the best use of resources by, amongst other things, “optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials”, as well as ensuring the efficient use of sites and being located so as to utilise existing and planned infrastructure, facilities and services. New development should have regard to the use of local materials and character, and should be designed so as to make a positive contribution to the
environment of the Island. The Plan goes on to state that "major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans". It also requires new development to be located and designed so as to promote a more integrated transport network, in order to minimise journeys (especially by private car), make the best use of public transport, not adversely affect highway safety, and encourage pedestrian movement.
4.2.4 The IoMSP includes an Island Spatial Strategy (ISS) which is intended to guide the physical development of the Island up to 2016. The Island is divided into North, South, East and West regions and the ISS seeks to "promote a balanced and equitable pattern of sustainable development across the Island". Spatial Policy 1 states that "The Douglas urban area will remain the main employment and services centre for the Island".
4.2.5 General Policy 2 of the Plan identifies standards of development that should be complied with, which include criteria in respect building scale and appearance, impact upon landscape or townscape, amenity standards for local residents, highway matters, personal safety/security and energy consumption. Environment Policy 42 requires the design of new development in existing settlements to take account of "the particular character and identity, in terms of buildings and landscape features, of the immediate locality".
4.2.6 Business Policy 1 of the Plan encourages the growth of employment opportunities throughout the Island, whilst Business Policy 7 states that new office floor space should be located within town and village centres on land which is zoned for the purpose. Business Policy 8 requires new office buildings to respect the scale and character of adjoining and nearby buildings, and to accommodate parking space in accordance with the standards of the Plan.
4.2.7 Transport Policy 1 of the Plan states that new development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes. Transport Policy 4 seeks to ensure that new and existing highways are capable of safely accommodating the vehicle and pedestrian journeys created by development. The supporting text
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which precedes Transport Policy 7 indicates that the long term target is to reduce the level of car parking required for town centre developments and to seek more sustainable staff and visitor transport plans. Transport Policy 7 requires that parking provision in all new development meets the Department's standards, which is shown at Appendix 7 of the Plan to be 1 space for every 50 square metres of nett office floor space. The Plan makes provision however for standards to be relaxed under certain circumstances, which includes where the development is within a reasonable distance of an existing or proposed bus route and it can be demonstrated that a reduced level of parking will not result in unacceptable on-street parking in the locality. Transport Policy 8 requires all applications for major development to be accompanied by a Transport Assessment.
4.3.1 The extant Isle of Man Planning Scheme (Douglas Local Plan) Order 1998 was approved by Tynwald in December, 1998, and although the site at that time was being used principally for the retail of motor vehicles it is shown on the Central Area Map to be within an area of Light Industrial Use. Policies D/O/P1 and D/O/P2 of the Plan seek to restrict new office development to the town centre, although some exceptions are noted. The application site is immediately adjacent to an area on the northern side of Peel Road which is allocated for Predominantly Office use.
4.3.2 Paragraph 7.2 of the Plan defines the Central Area of Douglas, in transport terms, as an area which broadly equates to that shown on the Central Area Map. Subsequent paragraphs consider how the parking requirements of new office development will be met, stating that "In order to reduce car parking in relation to new office development and consequently a reduction in private car movement it is felt that constraints in relation to such provision should be considered". It goes on to suggest that application of the current standard (1 space per 50 sq.m) can result in the lower levels of development being dominated by the car to the detriment of building design and street character, and that relaxation of the standard may bring benefits in terms of development potential and the efficient use of land.
4.3.3 Policy D/CP/P1 (para 7.12) of the Douglas Local Plan indicates that the reappraisal of parking standards should, where relevant or achievable, be based upon site characteristics and constraints, the level of provision desired by the developer/occupier, and the maintenance of the current standard. It goes on to suggest that any shortfall in provision should be accommodated in "peripheral surface or multi-level car parks" which are in close proximity to main roads and allied to a regular public transport system. Policy D/CP/2 essentially repeats this latter point. Policy D/CP/P3 states that service areas for vehicular collections/deliveries should be provided within all new developments unless specific circumstances dictate otherwise. These provisions have in any event been superseded by the parking standards and guidance of the Isle of Man Strategic Plan.
5.1 The application seeks planning approval in principle for the redevelopment of the northern part of the site with a new office building, to replace the low grade commercial buildings and parking areas which currently occupy that part of the site. Approval is not sought for a building of a particular size or design, which are amongst the issues that would form the subject of a subsequent Reserved Matters application. The building outline shown on the submitted site plan is indicative only and is intended to demonstrate that the northern part of the site is capable of accommodating a new building. Notwithstanding this any new scheme would represent a significant improvement over the existing buildings in visual terms.
5.2 The site is within the Central Area of Douglas as identified in the Local Plan, and is immediately adjacent to an area which is designated as Predominantly Offices. In particular it is opposite the vacant Allan Bank site which is the subject of an extant approval for new office development (as well as an approval for a residential scheme). Whilst a tenant still currently uses the premises for motor sales the relocation of that business to an appropriate site would leave the application site vacant, and as such we wish to ascertain with this application how the site may be redeveloped in such circumstances. We are of the view that it is reasonable and prudent to try and establish possible future uses for the site at this stage in order to try and minimise the time that the site might be left vacant in the future.
5.3 The site is within the central area of Douglas and its redevelopment accords with objectives and policies of the IoMSP, with its location in close proximity to offices, services and other facilities helping to ensure that redevelopment with an office building will not prejudice the provision of such within other central areas. Although perhaps not entirely accurate the Local Plan designation of “Light Industrial” was intended to reflect the site’s use at that time rather than suggest that the site is in a suitable location for general light industrial use, and in our view the redevelopment of the site with light industrial uses would not be appropriate. The granting of planning approval to remove the buildings and use the site as a car park pending its proper redevelopment suggests that its current use need not necessarily be retained.
5.4 The site is at present served by more than one access point from Peel Road, and includes a lane with third party rights of way which leads through part of the site. The indicative access point shown on the site plan is located at the point of a current access and would maintain third party rights of way, as well as providing visibility for emerging vehicles as illustrated. On-site parking will be provided in accordance with the provisions of the IoMSP and will take into account the need to service the building. The application site is adjacent to a principal bus route and is located within the Central Area of Douglas, close to its residential, commercial and shopping areas. It is linked to these areas by continuous footways and therefore pedestrians can safely and conveniently walk between them and the proposed development.
6.1 The application site is within the central area of Douglas and accommodates motor garage/sales premises which are used by a tenant. Planning approval has previously been granted to remove the existing buildings and use the site for car parking pending its proper redevelopment. Its Light Industrial zoning in the Douglas Local Plan simply reflects the current use rather than suggest that the site is in a suitable location for general light industrial use, and in our view the redevelopment of the site with light industrial uses would not be appropriate. It is a previously developed site in a sustainable location and must be developed efficiently in order to accord with the provisions of the Isle of Man Strategic Plan.
6.2 This application simply seeks confirmation that, in principle, the redevelopment of the site with an office scheme is acceptable. As such it does not seek approval for a building of a particular size or design, which are amongst the issues that would form the subject of a subsequent Reserved Matters application.
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