Planning Officer Report

Planning Officer Report And Recommendations {{table:7990}}

Officer's Report

This application is recommended for consideration by the Planning Committee rather than under delegated powers due to the non-conformity of the development with the adopted Development Plan.

Site

1. The site is immediately adjacent to the southern side of Peel Road, between the dwelling of No.41 Peel Road and the former Wool Control Centre. The northern part of the site is currently occupied by buildings and parking area 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.

1. The application site is zoned as "Light Industrial use" within the Douglas Local Plan 1998. The site is not located within a Conservation Area.

Proposed Development

1. The application is seeking an approval in principle to re-develop for residential purposes.

1. The Transport Statement states that the applicant estimates that the site might reasonably accommodate a residential development of some 65 apartments.

Planning Status And Relevant Policies

1. 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 6, Transport Policies 1, 4 and 7.

1. Housing Policy 6 states that "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."

1. Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

Planning History

1. There has been previous application for the site; however, none are considered relevant in the consideration of this application apart from PA 09/00198, which sought to remove the buildings and use the site for car parking, on a temporary basis pending its proper redevelopment.

Representations

1. Public Works Committee of Douglas Borough Council has no objection to the application.

1. Drainage section of Douglas Borough Council does not object to the application subject to conditions.

1. The Department of Infrastructure Highways Division have made the following comments:

"There is insufficient information provide with the application to determine the effect of traffic movements on the existing highway. A Transport Statement is required to demonstrate that there is sufficient capacity to accommodate the generated traffic

The visibility splay meets current standards and is acceptable. Car parking should be provided in accordance with Appendix 7 of the Isle of Man Strategic Plan. The site is within a sustainable location with good links to public transport."

1. In light of the submission of a Transport Statement, the Highways Division has indicated verbally the development would be acceptable.

1. Standard comments have been received from the Manx Electricity Authority regarding supply of electricity to the development.

Assessment

1. The principal issues in assessing this application are: a) land use, b) highway issues; and c) impact on residential environment. The following paragraphs deal with these issues in the above order.

Land Use

1. The development is not compatible with the land use zoning of the area, which is light industrial use within the Douglas Local Plan. However, it should be noted that the un-adopted written statement to the Douglas Local Plan, in paragraph 8.14, states that "Within the central area of the town there exist pockets of industrial use which could well be relocated in order to free up development area with potential for better and more appropriate use, in particular residential. Such existing industrial uses in the central area of the town will therefore be encouraged to relocate".

1. Furthermore, it should be noted that a site on Castletown Road, which is zoned as light industrial, has been redeveloped with apartments (02/02498/B). The Independent Inspector stated in this case "Whilst on the development plan the site is zoned for light industrial purposes, it is situated on a principal access route into town and is close to the town centre. Redevelopment for residential purposes in the manner envisaged would certainly bring an uplift to the appearance of the site as compared with the utilitarian and outdated building which currently occupies the site. I consider that it is a location suitable for housing, and in the absence of any positive need to provide for light industry in this locality, the zoning should not stand against the proposal."

1. Based on this information, Planning Committee granted planning permission for the redevelopment of a site on the corner of Bridge Road and Castletown Road for either offices or residential purposes. The site was also zoned as light industrial use in the Douglas Local Plan.

1. In respect of the application site, the existing buildings and site are currently used as car showroom and are unlikely to be used for light industrial purposes in the future. The site is also adjacent to residential properties. It is considered the principle of developing the site for an alternative use, i.e. residential, to be acceptable in this locality; however, there are other material considerations to be taken into account in order to determine whether the proposed development is acceptable.

Highway Issues

1. Using the indicative plans, the Highways Division of the Department of Infrastructure considers the visibility from the site is acceptable. It is considered the proposal would not have a detrimental effect on highway safety.

1. In terms of parking, the overall provision for the development can only be assessed at reserved matters stage, when details of the final floor space will be provided within the reserved matters application.

Impact On Residential Environment

1. In respect of the impact on the residential environment of No's 28 - 42 Peel Road (even), the application site is set to the south west of the properties on the opposite side of Peel Road. There is a

separation distance of approximately 17m-19m between the site and the windows on the properties opposite the site. There are no details of the scale, height and massing of the building within the application. This detail would be provided as part of the reserved matters application.

1. However, due to the orientation of the site in relation to properties on Peel Road, any redevelopment of the site may result in overshadowing and loss of light. The issues about scale, height and outlook would need to be considered when the reserved matters application is submitted.

1. In respect of the impact on the residential environment of No. 21, the application site is set to the north west of the neighbouring property. There are habitable windows on the rear elevation of No.41 Peel Road. The application has shown an indicative outline of the development, which projects 8.5m beyond the rear elevation of the neighbouring property. There are no details regarding the height of the building or elevation details, as these are to be dealt with at the reserved matters stage. However, if the new building is to be of a same height as the neighbouring property, i.e. 3 storey, the proposed development would result in demonstrable harm to the residential environment of No.41 Peel Road in terms of overshadowing, loss of light, being overbearing and visually intrusive. The applicants need to carefully consider the design of the building in relation to No. 41 Peel Road at the reserved matters stage.

Recommendation

1. It is recommended that planning permission be granted subject to conditions in the attached schedule.

Party Status

1. 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.

1. The Highways Division of the Department of Transport is now part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.

1. The Manx Electricity Authority has commented on non-planning matters and as such should not be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 14.12.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.

C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

C 4.

This approval relates to the application site as defined by the red line on drawing number APL/00 and APL/01 date stamped 25th May 2011. No consent is granted for the siting of the new office building or for any engineering works shown on these particular drawings.

C 5.

The plans and particulars submitted in accordance with condition 2 above shall include a Design Statement.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made: Grant Committed Meeting Date: 22/12/11 Signed: J. Bocoll Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO