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18/00137/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00137/B Applicant : G & J Investments Ltd Proposal : Erection of a detached office building to replace existing Site Address : Former Peel Gasworks Office Mill Road Peel Isle Of Man
Principal Planner: Miss S E Corlett Photo Taken : 05.03.2018 Site Visit : 05.03.2018 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 31.07.2018 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Plans/Drawings/Information;
This decision relates to drawings P10-01 received on 8th February, 2018 and P10-02A and P10- 03A both received on 2nd July, 2018.
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx Utilities which raised flood risk issues which are material considerations __
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18/00137/B Page 2 of 6
Officer’s Report
THE SITE 1.1 The site is the footprint of an existing building situated adjacent to Mill Road in Peel, opposite the House of Manannan. The building is a two storey brick and slate structure whose former function was as an office serving the gas works which used to be located on the site. The site has been cleared in preparation of the development of industrial units approved under 14/00930/B and works to the rear of the site to stabilise the bottom of the slope, have been undertaken.
1.2 That approval included the retention and refurbishment of the existing brick building and its re-use as offices, including the installation of new windows. That approval was subject to a number of conditions including the following:
No work is to commence on site until the access is constructed and controlled by traffic signals installed in accordance with the drawing submitted to and approved by the Department.
Reason: to ensure safe egress from the site in the interest of highway safety.
26.10.15 - Condition 2 deemed satisfied by Director of P&BC
The car parking spaces shown in the approved drawings shall remain unobstructed and available in perpetuity for the parking of vehicles associated with the development hereby approved.
Reason: to ensure car parking provision is retained in accordance with the standards in the interests of highway safety.
Prior to the commencement of works the applicant must have approved by the Department a scheme for the recording of any features of archaeological interest which may be discovered during the course of construction and demolition and the development must be undertaken in accordance with these details.
Reason: to accord with Environment Policy 41 of the Strategic Plan satisfied on 26.10.15.
Note: the applicant is advised to consult with Manx National Heritage regarding this requirement and during the development process.
Notwithstanding the details on the submitted drawing, further details of the boundary treatment fronting Mill Road shall be submitted to and approved in writing by the Department prior to development commencing. The agreed details shall be implemented as retained as such unless otherwise agreed in writing by the Department.
Reason: In the interests of visual amenity - satisfied on 26.10.15.
THE PROPOSAL 2.1 Proposed here is the demolition and rebuilding of the brick building with the remainder of the site developed in accordance with the drawings approved under 14/00930/B. The scheme has been amended following concerns about flood risk.
2.2 The new building will be 0.2m longer and 0.7m wider than the existing and 1.05m taller to eaves level and 0.6m higher at ridge level with a higher ground floor level and a roof now pitched at 30 degrees rather than 40 degrees as is the existing to help reduce the overall height of the building. It is proposed to finish the walls of the building in cedar cladding with render at ground floor level and the use of polyester coated windows. The existing sandstone wall running along the roadside boundary will be rebuilt.
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18/00137/B Page 3 of 6
2.3 The existing building is described as being situated at a low point and below quayside levels which has resulted in flooding, most recently at the end of 2017. To prevent future flooding events, raising the ground floor level is impracticable due to existing low ceiling heights.
PLANNING POLICY 3.1 The site lies within an area designated on the Peel Local Plan of 1989 as Predominantly Industrial. No conditions were imposed to require the office to be associated with the industrial uses otherwise on the site in the case of the earlier application. The site is outwith the Peel Conservation Area. As such, the general standards of development as set out in General Policy 2 are considered relevant as follows:
"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; (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 and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them".
3.2 Whilst not within the Conservation Area, there is a view from it down Mill Road and as such, Environment Policy 36 is applicable:
"Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."
3.3 Whilst neither of the following issues were raised in respect of the previous applications in 2014, the site is identified as within a tidal flood risk in a 1 in 200 year return period and the site was previously used for the manufacture and storage of coal gas. As such, the following environmental policies and advice are relevant:
"7.20.2 The practice of reclaiming contaminated land and bringing it back into beneficial use is supported, whether it be suitable in the end for open space or residential development or as deemed appropriate in the Area Plans. It is important that however former contaminated land is utilised, both health and property are safeguarded. Detailed surveys may be required to identify the extent of contamination and how contamination problems can be overcome."
"On sites where the Department has no control, the developer will have responsibility to ensure that any development site is free of contamination which may constitute a hazard to occupiers or potential users of the development or land. Furthermore, precautions will be essential to ensure that contaminants cannot escape from the site which may cause airborne or waterborne pollution or pollution of nearby land."
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18/00137/B Page 4 of 6
Environment Policy 26: "Development will not be permitted on or close to contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses."
Environment Policy 10: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."
Environment Policy 13: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
3.4 Whilst the existing building has permission to be used for offices under 14/00930/B, this proposal involves the rebuilding and slight increase in size of the building. As such, it is appropriate to consider the Strategic Plan's approach to the creation of office space on a site designated for industrial use, encapsulated in the following policies:
Business Policy 1: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
Business Policy 7: "New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space
(a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance."
Business Policy 8: "New office buildings should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan."
PLANNING HISTORY 4.1 The most relevant previous application for this site was 14/00930/B referred to above. Also of relevance is 14/00928/B which proposed the replacement of a building adjacent to this site, with a dwelling. This has been implemented and the house is complete.
REPRESENTATIONS 5.1.1 The Senior Health and Safety Inspector of DEFA advised that the site is no longer a licensed dangerous goods site and does not require their comment. However, they state that the site was previously used for manufacture and store coal gas and there therefore may be some residual contamination issues and he is not aware if the site has been cleaned (19.02.18).
5.1.2 During the preparation of plans for Building Control, a full contamination survey was carried out and the results of this were that there are minor levels of contamination and it was recommended that gas-tight membranes be incorporated into the ground floor construction of the warehouse buiildings, the houses and the refurbished office building (the building which is the subject of this application) and also that the proposed car parking and manoeuvring area be encapsulated in concrete. These measures have been implemented in respect of the houses which are complete and will be implemented in respect of the other buildings, including this one.
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18/00137/B Page 5 of 6
5.2 Highway Services raise no objection (28.02.18 and 01.03.18). They consider that the changes from the existing situation are slight and that there are no significant impacts on pedestrian or vehicular access to the site. They request the attachment of the same conditions as for 14/00930/B in respect of street furniture,c ar parking and access construction. They note that an agreement under the Highway Act will be required for the changes to the vehicle crossings to include the provision of traffic signal control. They confirm this position on 26.07.18.
5.3 Manx Utilities request that a flood risk assessment is carried out, confirming that the finished floor level is above 4.88m ADO2. They also make recommendations regarding the internal fittings (08.03.18). Following the submission of the amended plans which were devised to address concerns about flooding, MU advise that whilst the finished floor level is 300mm below the generally recommended level, in this case, the applicant has proposed additional property level resistance and defence measures and they find the proposal acceptable (19.07.18).
5.4 Peel Town Commissioners do not object (20.03.18 and 01.08.18).
ASSESSMENT 6.1 The proposed new building will not be an exact replication of the existing. However, the building is not protected nor particularly identified as of such interest or value as to warrant its protection against demolition. The new building will have more modern materials but will include the reconstruction of the existing roadside wall and the general character of the building rising above it which is the important characteristic of the current building and its contribution to the streetscene.
6.2 What is now proposed will be more resilient to flood risk than the existing building, making it more useful and more likely to remain than that which exists. A building of the general appearance of the existing contributes to the character of the area which is increasingly industrial, and should be welcomed.
CONCLUSION 7.1 What is important in preserving the character of this part of the town is the presence of a building abutting the highway and with the sandstone wall remaining intact to continue this existing feature and this is what will be achieved in the proposal and as such the application is deemed to be accecptable and in accordance with GP2. None of the conditions attached to the earlier application needs to, nor could be, reiterated as they still apply to the development of the remainder of the site and the red line identifies only the application building. The current proposal would not necessitate traffic control and the parking spaces are outside of the application site. The previous application was not subject to any control of ground conditions and any issues with contamination will be considered during the Building Control application process.
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 decision-maker must determine:
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18/00137/B Page 6 of 6
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 15.08.2018
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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