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17/01067/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/01067/B Applicant : Department of Infrastructure Proposal : Erection of temporary facility to provide stabling for tram horses, comprising a stable building, hay store, staff and welfare facilities and parking for a period of 5 years Site Address : Part of Summerland Site King Edward Road Douglas Isle of Man
Case Officer : Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.12.2017 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The use of the facility hereby approved shall cease on or before the 17th January 2023.
Reason: The building has been exceptionally approved solely to meet the short term needs of the Horse Tramway and its subsequent retention would result in an unwarranted intrusion in the Conservation Area. Furthermore, the building has been sought for a temporary basis and has been assessed and approved as such.
C 2. The land shall be restored to its former condition within 6 months of the cessation of the use of the facility hereby approved.
Reason: The building has been exceptionally approved solely to meet the short term needs of the Horse Tramway and its subsequent retention would result in an unwarranted intrusion in the Conservation Area. Furthermore, the building has been sought for a temporary basis and has been assessed and approved as such.
C 3. The external walls, doors, sliding doors and roller shutter doors on all the new buildings hereby approved shall be a dark or olive green colour.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 4. The proposed parking layout as shown on drawing 1613-011 shall be provided prior to the facility hereby approved being brought into use.
Reason: To ensure adequate off street parking is provided on site.
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Plans/Drawings/Information:
This approval relates to drawings reference numbers 1613-011, 1613-012, 1613-013 and 1613- 010 all received on 12th October 2017.
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Interested Person Status - Additional Persons
It is recommended that the following persons should be given Interested Person Status as they are 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):
Heron & Brearley, Distribution Centre, Isle Of Man Breweries, Kewaigue, Douglas
It is recommended that the following persons 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):
31 Greeba Avenue, Glen Vine Glebe Cottage, Maughold __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE
1.0 THE SITE 1.1 The application site is the curtilage of part of the Summerland Site, King Edward Road, Douglas which is situated on the northern side of the King Edward Road and on the opposite side of the road with the end of the Promenade Walkway. To the east of the site is the Manx Electric Railway Depot and to the west is the Terminus Tavern and Strathallan Horse Tram Depot.
1.2 The site, since the demolition of the Aquadrome and Summerland building, has been mainly unused, the exception being that it was utilised to park vehicles associated with the 'TT Fair'.
1.3 The site character is flat with a one metre high timber fence running along the southern boundary, parallel with the MER lines. A 2 metre high chain link fence to the northern boundary also exists. This fence demarks the flat part of the site with the bottom of the cliff face which runs up to the rear boundaries of the properties along Strathallan Road.
1.4 The main access to the site is via Strathallan Crescent which runs from King Edward Road past the Terminus Tavern where an existing gate provides access to the site.
2.0 THE PROPOSAL 2.1 The application seeks full approval for the erection of a temporary horse tram facility including tram shed, stables, staff welfare facilities, parking and new vehicular access. Planning approval was recently granted for a temporary combined tram shed and stabling facilities in February 2017. However, due to various arising circumstances the applicants have had to consider an alternative scheme comprising a smaller temporary building providing stabling only, to enable the Tramway to continue to operate until the long term strategy for the continued operation of the service has been determined.
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2.2 The applicant comments that following the announcement by Douglas Borough Council that the Horse Tram service was to be discontinued, the Department of Infrastructure (DOI) took responsibility for the running of the tram service for the 2016 season. In July 2016, Tynwald granted approval for the DOI to operate the horse trams for 2017 and 2018, during which time consideration was to be given to the future operation of the horse tram service from a combined tram shed and stable facility, either on the Strathallan Depot or Derby Castle sites. DoI currently have an option to take ownership of the Strathallan Depot for a nominal amount. The applicant also indicates that the Strathallan facilities are in a state of serious disrepair, and a budget of £150,000 was approved by Tynwald to carry out minor capital works to effect urgent repairs to the buildings in order to create a temporary combined stable and tram shed facility from which the horse tram service could operate during the 2017 and 2018 period. However, a structural assessment carried out in August 2015 concluded that the main structural elements of the building were beyond economic repair and that restoring the building was not viable in engineering terms, and recommended that the building be demolished as part any plans to redevelop the site.
2.3 The applicant states that; "Substantial investment, in excess of the approved funds, will be needed to repair or rebuild the Strathallan building, which the Department cannot commit to until such time as the future operation of the horse tram service has been determined, and the requisite Treasury and Tynwald approvals have been obtained to proceed with a suitable scheme. It is also the opinion of Isle of Man Public Transport, following a feasibility study carried out in June 2016, that a combined facility cannot be adequately accommodated within the existing Strathallan tram shed."
2.4 The approved combined facility was subsequently found to be unaffordable and the new scheme which is half the size would initially serve as a temporary storage shed for horse trams, and subsequently be converted into tram horse stables once a new tram depot has been constructed.
2.5 The DOI acquired the Strathallan Deport in April 2017 and continued to operate the horse tram service during the 2017 season, having secured a lease for the current stables with Douglas Borough Council. It has been anticipated that the lease could be secured for the 2018 season. However, due to the imminent sale of the stable site, the Department has been unable to secure an agreement to use the stables going forward and must now vacate the stable site by the end of the current season.
2.6 The building in terms of its appearance and construction has a similar appearance to the buildings found at the Manx Electric Railway Depot, which are pitched roof industrial style buildings/agricultural barns, finished in a mixture of profiled plastisol sheeting and rendered masonry to the external walls and natural grey fibre cement sheets to the roof.
2.7 The building in terms of size would have a maximum width of 54.6 metres, a depth of 11.3 metres and a maximum roof ridge height of 5.2 metres.
2.8 To the east and west of the building it is proposed to create two parking areas, for up to 13 vehicles. To the rear of the building it is also proposed to have four detached steel walled portacabins (mess road, drying room, disabled WC and WC) and silo. To the east of the building is a proposed a detached hay store.
3.0 PLANNING HISTORY 3.1 The following previous planning application is considered to be specifically material in the assessment of the current application:
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3.2 Erection of temporary horse tram facility including tram shed, stables, staff welfare facilities, parking and new vehicular access - 16/01365/B - APPROVED on a temporary five year period.
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is located within an area that is designated by the Douglas Local Plan as being Tourism and is immediately adjacent to land that is designated as being Railway Purposes. Given the nature of the application it is appropriate to consider the following planning policies:
4.2 Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead unacceptable environmental pollution or disturbance."
4.3 General Policy 2 states: "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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (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 Transport Policy 3 states: "New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes."
4.6 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
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pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
4.7 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
4.8 Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) - Policy CA/2 - Special Planning Considerations states: "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.
Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."
5.0 CONSULTATIONS 5.1 Highway Services have no objection (on 07.11.2017): "The proposals are considered acceptable from a highways aspect.
Please attach the following conditions to any future consent:
The parking spaces as shown on the approved plans shall be provided and formally marked out prior to development becoming operational.
Reason: In order to provide adequate off street parking in line with the strategic plan.
Reason: In order to provide adequate off street parking in line with the strategic plan."
5.2 Douglas Borough Council do no object (on 30.10.2017).
5.3 The owner/occupier of 31 Greeba Avenue, Glen Vine object to the application which can be summarised as (10.11.2017); Public safety due to the cliff stability and the proposal shouldn't be approved until the cliff face is surveyed to ascertain its structural integrity; objects to public safety concerns to access the proposed development from the MER depot side of the site, historically access has been gained from the Terminus Tavern side by thousands of people with no difficulty, the proposal would require people to walk with the threat of falling rocks and land slips to get to the proposed development; and there are already "Falling rocks keep clear" signs attached to the boundary fence of the site.
5.4 Herron & Brearley Ltd (owner/operator of The Terminus public house) object to the application which can be summarised as; concerns with proximity of the stable compiles to The Terminus public house due to smells and the impact this would have on our business; proposal brings the stables closer to our property than the previous approved scheme which had the tram storage in-between our property and the stables; no information is provided regarding waste from the horses will be dealt with; Proposed hay store shows eight bays at ground floor level this would attract vermin and is not ideal in the vicinity of a commercial kitchen and contrary to General Policy 2; the proposed fence surrounding the site and the building itself will appear as an industrial site; note the applicants predicament that a solution is required quickly
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on a limited budget but neither of these matters should mitigate or justify an inappropriate form of construction on this site, the building isn't temporary but permanent and would have a minimum life expectancy of 25 years, but realistically 50 years; only a planning condition could make it temporary but there is nothing to stop a further application being made in the future to retain it; proposal does not preserve or enhance the conservation area and fails Environment Policy 35; the building and the industrial fencing close to The Terminus will adversely affect the character of the surrounding townscape and dopes not respect the surrounding in terms of scale, form, design and landscaping, even if this is for 5 years; the five smaller sheds will also be visible from the outdoor area and exacerbate the utilitarian appearance of the proposed development; do not object to the development which secures the long term future of both the horse and electric tram systems and agree the site would be a logical location for the permanent stable, but the construction of a "temporary" building in this location would there prevent the construction of its permanent replacement on the site; and consider the proposal should be moved towards the electric tram shed.
5.5 The owner/occupier of Glebe Cottage, Maughold makes the following comments (24.10.2017); I suppose some use if better than no use, on this bit of derelict and just hope it doesn't frighten other, more viable, development which might, one hopes eventually be proposed/approved here.
6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of the application are whether the proposed use on this site is acceptable and potential impacts upon the street scene and Conservation Area.
PRINCIPLE OF THE PROPOSED USE ON THIS SITE 6.2 Firstly, it is important to highlight that this current application does not include any works to demolition the existing Horse Tramway Stable building at the bottom of Summer Hill Road nor the Horse Tramway depot along Strathallan Crescent.
6.3 Paragraphs 2.1 to 2.5 of this report summarise the position of the applicant (DOI) and the need for the temporary building while a determination can be made over the operation of the Horse Tramway. The building has been reduced from the recently approved scheme and would only initially provide stables for the horses and other ancillary uses. It is clear that with the size of the building required and such building required being immediately adjacent to the horse tram tracks, the application site is in the short term the only likely available site along the Promenade.
6.4 Accordingly, for these reasons, it is considered in the short term the proposed use would be an appropriate use of the site, which currently has been vacant for over a decade with no current planning permissions in place for its re-development.
POTENTIAL IMPACT UPON THE STREET SCENE AND CONSERVATION AREA 6.5 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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.
6.6 The proposed building in terms of its design, scale, form, size and finish is very utilitarian and essentially has the same appearance as a large industrial/agricultural shed. Accordingly, if it was proposed that the building be a permanent building on the site, then the Department would have serious concerns as it would not be a building of acceptable
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architectural qualities which would be appropriate within the street scene nor would it preserve or enhance the Conservation Area, as required to do so.
6.7 However, given the temporary period the planning application seeks (max 5 years), it is perhaps a more pragmatic approach to take in the short term to allow for the horse trams to operate for the 2018 season and the longer term strategy for the continued operation of the service will have been determined. This proposal would essentially provide a 'stop-gap' for such decision to be made.
6.8 As indicated within the Douglas Promenades Conservation Area Character Appraisal: "..the unique system of Horse trams which run the entire length during the summer months. It is judged that this feature makes an important contribution to the special character of the Conservation Area". Accordingly, while the proposed temporary building would not meet the normal requirements for a building within a Conservation Area; it is considered the short term visual impact would be mitigated by ensuring the continued use of the Horse Tramway service and allow a scheme be developed for a more suitable long term facility.
OTHER ISSUES 6.9 In relation to comments received objecting to the application namely Health and Safety concerns and Department sought advice from the Environment, Safety and Health Directorate who made the following comments: "The Statutory Nuisance provisions of the Public Health Act 1990 provide a level of protection for persons whose enjoyment of their land is affected by the actions of another. Part 1, 1 of the Act defines matters which are considered to be statutory nuisances, in this particular case I would suggest that 1(2) (d):any animal or bird kept in such a place or manner as to be prejudicial to health or a nuisance; could be applied. Note that this is applied when an occupier of a residence is affected. It is not applied where commercial undertakings are affected. However, section 84 of the same Act does provide specifically for the removal of manure etc. from stables. There is no requirement for a statutory nuisance determined in this instance. In addition, section 81 provides the vires to require the owner of verminous premises to take steps as may be necessary for destroying or removing the vermin."
6.10 In relation to falling rocks and rock slips the Environment, Safety and Health Directorate also make the following comments: "The operator of the premises has a general duty of care under the Health and Safety at Work etc. Act 1974 as applied to the Isle of Man and any regulations made under the Act. Health and safety laws protect employers, employees and the general public from workplace dangers."
6.11 The applicants have also provided a response to the original objections which are: "Further to the objections registered by Heron and Brearley, dated 03 November 2017:
Horses currently pull up in front of the outdoor dining terrace, at the same distance as the proposed loose box or even closer. Therefore it is not considered that any smells generated by the loose box will be any worse than the current situation.
The stables have been designed in consultation with an equine construction consultant, including their siting, means of ventilation and provisions for cleaning and hygiene, and regard has been paid to the building's location in relation to adjacent properties. The stables are situated over 11.5 metres away from the Tavern and dining terrace and completely enclosed except for the end doors. The hay store is more than 75 metres away from the Tavern and is fully enclosed. It is not considered that it will harbour vermin. The stable stalls will have sealed and bonded rubber matts, which can easily be cleaned, and will drain into trapped gullies in the centre of the barn. The stables will be skipped out daily and mucked out regularly, in line with normal good practice. Therefore there is no reason why waste should build up in the stables causing smells. The wash down area can also be moved to the centre of the shed. The barn is well ventilated, with permanent ventilation in the ridge and eaves, as well as supplementary
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purge ventilation provided by windows and doors. This will prevent the build up of gases and bacteria that can result smells developing. It is therefore considered that smells emanating from the stables will be minimal and will not impact in the business of the Tavern.
Horse waste will be collected on the east side of the building (about 60 metres away from the Tavern) for daily removal from the site.
The hay store is considered to be sufficient and can accommodate approximately 16 bales. The current stables can accommodate about 8 bales maximum.
The planning application is expressly for a temporary building. It would only need to be assessed under EP 35 as a permanent building if an application was submitted to make it permanent.
6 EP 42 was sited in the planning statement (as well as EP 35 and GP 2) in acknowledgement that the proposed development would not preserve or enhance the character of the Conservation Area and was less sympathetic to the site and surrounding area than is ordinarily required under the policies. However, the statement also makes clear that this must be weighed against the need for the building and the fact that it is to be temporary.
The fencing adjacent to the Tavern is timber post and rail fencing, rather than metal fencing as stated.
The Department has taken the advice of an equine consultant, who does not consider that an isolation box is required for these stables. Isolation facilities are available off site if required.
The existing smithy at Derby Castle Depot will be utilised.
Further to the objections registered by Mrs CA Brennan, dated 08 November 2017, the Department has instructed a geotechnical review of the cliff face and has received an updated report which it is currently reviewing. Appropriate actions will be adopted prior to any works commencing on site."
6.12 In relation to potential impacts upon the neighbouring public house it is considered form the information provided by the applicants and with other Legislation in place; it is considered the proposal would not have such an adverse impact upon neighbouring properties to refuse the application.
7.0 CONCLUSION 7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 2, Environment Policies 22 & 35 of the Isle of Man Strategic Plan 2016 and the Douglas Local Plan, and it is therefore recommended that the planning application be approved.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The Planning Committee must determine:
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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 in Article 6(4) 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 it under the appropriate delegated authority.
Decision Made : Permitted
Committee Meeting Date: 15.01.2018
Signed : C Balmer Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required
YES/NO
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