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Application No.: 18/00013/B Applicant: Quay Properties Ltd Proposal: Demolition of existing industrial unit and formation of car park for a period of 4 years Site Address: 25 South Quay Douglas Isle of Man IM1 5AR Photo Taken: 28.08.2018 Site Visit: 28.08.2018 Expected Decision Level: Planning Committee Recommended Decision: Refused Date of Recommendation: 02.11.2018 Reasons for Refusal: - R 1. The proposed use is not in accordance with the land use zoning as set out within the Douglas Local Plan (1998) - 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 temporary 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 Employment Land Review suggests that there is limited supply within Douglas in the short term and the proposal would reduce the amount of employment land available within Douglas in the short-term. This approval relates to the following plans/drawings/information: - - Drawing 'Proposed Site Plan and Details' No. (03)003RevC date stamped as being received - 01.10.18 - - Drawing 'Proposed Site Plan and Visibility Splay' No. 004 date stamped as being received 01.10.18 - - Letter from Cornerstone Architects dated 28.09.18 and attached e-mail from Quay Properties Plc - - Structural Engineers Report from BB Consulting Engineers dated 07.02.18- letter from Cornerstone Architects dated 05.01.18 - - Letter from Quay Properties PLC dated 13.06.18 - - Drawing 'Location Plan' No. (03)001 date stamped as having been received 28.12.17 - - Drawing 'Existing Elevations - Building to be demolished' No. (03)301 date stamped as having been received 28.12.17 - - Letter from Cornerstone Architects dated 28.06.18
It is recommended that Manx Utilities 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) as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Operational Policy.
THIS APPLICATION IS REFEERED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING AND BUILDING CONTROL
0.0 UPDATE - 0.1 This application was presented to Planning Committee on the 3rd September 2018 and deferred pending the submission of further information in relation to highways issues. The Chairman noted that the Case Officer's recommendation included reasons for refusal other than highways and asked the applicant to note that even if highways issues were resolved it was possible the application would still not be supported. - 0.2 The applicant submitted the following (received 01.10.18):
0.3 In response to the amended information, DOI Highways have commented as follows:
"The previously proposed car park barrier across the site entrance has been removed from the scheme as previously requested by Highway Services. As a result, there should be no queuing back of vehicles from the site access onto the adjacent public highway to the detriment of highway safety and the free flow of traffic. This is acceptable subject to a planning condition for no barrier to be erected across the site access at any time while the temporary car park is in use.
The revised proposed site plan and visibility splay (drawing no. 004) submitted by the applicant shows that highway visibility splays of 2.4m x 43m in both directions would be achievable for the proposed site access junction to satisfy highway visibility standards. A Traffic Regulation Order (TRO) would be required for 'No Waiting at Any Time' parking restrictions (double yellow lines) to protect the highway visibility splay areas and prevent cars parking within them in the existing onstreet parking layby. A planning condition would be needed to secure the TRO.
The amended proposed site plan shows 29 no. proposed car parking spaces laid out on the existing concrete surface which comply with the minimum parking bay dimensions in the 'Manual for Manx Roads' design guide. There would be a 6m aisle width to allow sufficient room for vehicle turning and manoeuvring into and out of the parking bays.
The revised plan shows that the car park would be lit by 3 no. low light lanterns which should be positioned a sufficient distance away to avoid potential light spillage onto the adjacent adopted highway.
Highway Services does not oppose the application subject to the following planning conditions:
0.4 It is also noted that separate application for a temporary car park was approved by Planning Committee (18/00350/B) and the minutes state that the Committee, "clarified that this was due to the combination of the factors outlined in the discussion - notably the fact that the Area Plan has yet to determine the designation of the site and the potential removal of car parking spaces through the redevelopment of the Promenades and the Lord Street bus station redevelopment". However that application related to an existing use, which had required an application as the condition limiting its time had been breached. It is also noted that that application proposed a 2 year use and the minutes also record that, "It was noted that the proposal was for two years and, if approved, it was suggested that the committee may not support further extensions of time. It was noted that demolishing buildings to create temporary car parks was a problem as it enabled sites to provide an economic return with minimal investment, and so discouraged development, and also that it masked the underlying problem of insufficient parking within the town centre". It is therefore considered that the application at hand is materially different to 18/00350/B and the committee's determination of that application is therefore of limited weight in considering the application at hand. - 0.5 In light of the above, the recommendation to Planning Committee is amended to omit Reason
1.0 THE SITE - 1.1 The site comprises an industrial unit within Douglas. The site is within a wider industrial/commercial area and to the rear is a steep bank. The site has an existing access onto South Quay. The existing building is Unit 21, although the site address is 25 South Quay.
2.1 The application seeks full approval for the demolition of the unit and the creation of a 30 space temporary car park (for four years) (note the form states 31 spaces but the plan shows 30 spaces). The exit/entrance would be in the position of the existing main door for the garage, with an entrance/exit barrier installed. - 2.2 The site would front onto South Quay with 1m high fence with vertically hung lollipop boarding. To the rear of the site, rockfall fencing would be erected. The site would be concreted (where required, as the concrete slab of the existing building would be retained). There would be 3 LED floodlights on 6 metre high standards which would be operational from 6am - 8:30am and 4pm
2.3 The application form indicates in response to question 9 that the current use if industrial and the proposed use is car park. There are no extant and unimplemented planning approvals for the site and the industrial use runs with the existing building (which is proposed to be demolished). - 2.4 The application includes a structural engineer's report (February 2018) which indicates that the building is beyond practical repair and the only safe solution is to demolish the building. A
2.6 The form indicates in response to question 9 that the current use if industrial and the proposed use is car park. There are not extant and unimplemented planning approvals for the site and the industrial use runs with the building. Therefore at the end of 4 years the site would have no lawful use. The applicant was therefore asked whether, to avoid the creation of a derelict area of land in a prominent location, if the application were supported, whether they would object to a condition requiring the site to be landscaped within 3 months of cessation of the use in accordance with details to be agreed prior to the implementation of the car park and thereafter maintained (unless planning approval were given and implemented for an alternative use/development). - 2.7 In response to this, the applicant's agent commented on 02/02/18 that, "Providing a further application to extend the period of use as a car park (assuming market conditions do not change during the approval period) would not be prejudiced by such a condition the applicant would have no objection to such a condition being attached. It is the applicant's proposal to develop as soon as the market dictates but he has no control over that". - 2.8 Additional information was provided on 28/06/18 (included in application detail available via the planning website) which makes a number of points including those summarised below.
3.1 The site is zoned as "Light Industrial Use" on the Douglas Local Plan (Map 2) 1998. It is not within a Conservation Area. The site is within an area identified as being at high tidal flood risk (2017 flood maps). - 3.2 The Isle of Man Strategic Plan (2016) contains a number of relevant policies.
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. - 4.4 The Area Plan for the East consultation draft has been published (consultation runs until the 31/08/18). This identifies that the application site is proposed for allocation as, "Mixed Use Proposal Area 7 (The Quayside)" and is part of Potential Development Site DH019. The written statement indicates that there will be a presumption in of the comprehensive re-development of the southern side of the quay for new uses for tourism, offices, food and drink, leisure, reception and function venues, business hubs/share-service offices and/or residential uses at first floor level and above". The supporting text indicates that redevelopment of the southern side to compliment the quayside as a whole is to be encouraged. It is also within Comprehensive Treatment Area 3 which indicates that the area could be developed for leisure, retail warehouse, offices and residential uses
4.5 The Central Douglas Masterplan is not a statutory document but was approved by Tynwald in 2015, "as a general framework for the development of Central Douglas, a material consideration in the determination of planning applications and the formulation of planning policy, most notably the Area Plan for the East". The format of the Masterplan was intended to ensure that, "The evidence base and project proposals could be reviewed for inclusion in the Area Plan for the East". It breaks the area down into 8 Character Areas based on a combination of function and identity. Within each Character Area individual project proposals are set out to strengthen the Character Areas, and carry forward the Vision and Objectives. It forms part of the evidence base to the Area Plan. - 4.6 The Employment Land Review (ELR) was produced in 2015, and in 2016 an update was commissioned, which was finalised and published in 2017. The Headline findings for this included that, "The majority of demand for employment floorspace continues to focus on locations in the East", "Available land in the East is limited to 2ha, a land supply of under 3 years at historic rates" and "Over the last 18 months, windfall development opportunities have emerged within existing allocations which have absorbed requirements. Such opportunities will become increasingly restricted. This will be further compounded as industrial requirements increase".
5.1 There are no specific applications for this site identified as being relevant. However it is noted that a number of planning approvals have been given previously on other sites for temporary car parks. An example is Planning approval 16/00371/B for, "Provision for 46 temporary car parking spaces and three self-servicing car washing machines" on the nearby site of the Former Clover Asphalt Depot was given on 20.06.2016 subject to a condition stating, "The use hereby approved shall be for a limited period of two years; from the date of this approval and on (or before) the expiry of this approval the use shall be discontinued". The site has been the subject of a previous application for redevelopment - PA 08/00221/B for the construction of building to provide 33 apartments with integral parking. The Case Officer's report included the following analysis
"6.1 Whilst the provision of temporary car parks within the town can be useful as a stop gap between a site being cleared and its re-development, they can also become less attractive elements of the streetscene as, because they are only temporary, little effort can be spent on tidying and improving the appearance of the site - the various car parks along Back Strand Street and Market Street are examples of this, as are the car parks at the corner of Peel Road and Circular Road and opposite Tesco. This site is slightly different in that its former uses were as builder's yard/warehouse building and was also used as former vehicle maintenance shed and therefore its use and appearance did not accord with the residential land use designation. The applicant has also confirmed they would be happy for the fence to be 1.8 metres high and introduce boundary planters which will help improve the appearance of the site.
5.2 The fact the previous approved application has now expired and that the temporary approval is for two years, would enable the site to be used in the short term and arguably would improve the appearance, whilst a potentially new application for the re-development of the site is prepared. The applicant should be under no illusion that the Department will be unlikely to keep granting temporary approvals on the site, given the site's prominent position and land use designation and therefore the applicant is recommended consider how to re-develop the site. It is therefore considered that a two year approval is considered appropriate". - 5.3 It is worthy of note that there is a current application for the use of a site nearby for continued car parking usage - 18/00350/B which is recommended for refusal.
6.1 Douglas Borough Council commented on 18/01/18 (Consultation 1) that they would suggest a 24 month time limit only for a temporary car park would be more appropriate in order not to tie up a potential development site for too long a period. In response to the additional/amended
2 conditions - one stating that there must be no discharge of surface water (Directly or indirectly) from the development to any foul drainage system, to comply with the Manx Utilities and Sewerage Act 1999 (and that they should contact MU to discuss surface water disposal prior to commencement of works) and one that it must be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses appropriate measures must be taken by the developer/occupier to ensure compliance with the legislation.
6.3 DOI Highways (Structures) commented in relation to the rock face on 19/02/18 (Consultation 2) and stated that the rock face is very overgrown and as such it is difficult to categorically identify any rock fall issues (or lack thereof) however they were informed by the owners that structural engineers were appraising the rock face and that a report would be produced. Therefore at the moment, the proposals appear adequate but they would need to see the report to confirm this. It is noted that the adjacent property had rock anchored and meshed rock face behind their building. - 6.4 DOI Highway Services originally commented on the 23/01/18 and sought further information. In response to the additional information supplied by the applicant they commented on 30/07/18 as set out below.
"A new vehicular access with junction radii would need to be created to serve the site, rather than the existing dropped kerbs, due to the proposed level of vehicle movements that would be generated by the car park for which a future planning condition would be requested as it has not been dealt with in this application.
A Section 109a letter is needed for the revision to the vehicle crossing.
A proposed car park barrier would be set back 8.6m from the edge of the carriageway. This would enable one car to wait to enter the site off-carriageway although it would temporarily block the footway. It would cause queuing onto the adjacent highway, to the detriment of highway safety and the free flow of traffic, if more than one vehicle arrived at the site at the same time. The applicant has not provided sufficient information as previously requested to demonstrate that there would not be queuing back onto the highway, and there is highway concern that the proposed permit holders using the car park could arrive at the same time causing queuing.
The proposed site plan shows 30 no. proposed car parking spaces laid out on the existing concrete surface. There is a slight difference in the sizes of some of the spaces. In order to comply with the 'Manual for Manx Roads' document, all car park spaces should be at least 2.5m x 5m in size. An aisle width of 6m is required to allow sufficient room for vehicle turning and manoeuvring (the width shown varies between 6m and 6.6m). This could be reduced slightly to allow sufficient length parking bays but must be no less than 5.5m. These changes should be shown on a revised scale site
layout plan as previously requested, but this has not been submitted by the applicant and this issue remains outstanding.
Rockfall protection fencing is proposed at the foot of the cliff along the rear site boundary. It is suggested that the Structures team is consulted on this if this has not already been done.
The car park would be lit. A planning condition would be required for the applicant to demonstrate that there would be no light spillage from the site onto the adjacent highway.
Highway Services requests that the application is deferred to allow the applicant to consider the above".
7.1 It is considered that the main issues to be assessed are:
7.2 The land use zoning (Douglas Local Plan and emerging Area Plan for the East)
7.5 Highway Safety (SP General Policy 2, parts h and i, and Transport Policy 4, the Manual for Manx Roads)
7.6 Flood Risk (SP General Policy 2, part l, and Environment Policies 10 and 13)
8.1 The proposal does not comply with the zoning as set out within the extant Local Plan and this is a ground for refusal. It also weighs against the proposal that it would reduce the amount of employment land available within Douglas in the short-term, whilst the Employment Land Review suggests that there is limited supply within Douglas in the short term.
8.2 Although consideration of the visual impact of the proposal is evenly balanced, on balance it is concluded that the proposal would reduce the likelihood of a prominent brownfield site being brought forward and this would be contrary to Strategic Plan Strategic Policy 1, The Action Plan and the recommendations of the Select Committee Report. - 8.3 In light of the comments from DOI Highways it is considered that the proposal is unacceptable in highway safety terms. - 8.4 Personal safety (in relation to rock fall) and flood risk are not in themselves considered to be grounds for refusal. INTERESTED PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
9.2 The decision maker must determine:
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: 12.11.2018 Signed : Mr S Butler Presenting Officer Further to the decision of the Committee an additional report and conditions of approval were required YES/NO See below PLANNING COMMITTEE DECISION 12.11.2018
Application No. : 18/00013/B Applicant : Quay Properties Ltd Proposal : Demolition of existing industrial unit and formation of car park for a
period of 4 years Site Address : 25 South Quay Douglas Isle of Man IM1 5AR Head of Development Management
Mr S Butler
Reason: The application is contrary to the land use designation within the Douglas Local Plan (1998) and the Council of Ministers have indicated that temporary car parking should not normally be supported, however, the application has been approved taking account of the current situation in relation to the emerging Area Plan and other large development schemes which may result in a short-term loss of car parking in other parts of Douglas
004 (both date stamped as having been received 01.10.18). Reason: In the interests of highway safety.
Reason: To prevent a situation whereby cars may need to wait to access the site and thus cause a highway obstruction.
(03)003RevC. Reason: To avoid unnecessary light pollution. This approval relates to the following plans/drawings/information:
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