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20/01129/C Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01129/C Applicant : Mr Marc Thompson Proposal : Use of site as car parking to provide 43 spaces (including 2 disabled spaces) for a period of two years Site Address : Former Factory And Premise Site South Quay Douglas Isle Of Man IM1 5AX
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 19.11.2020 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. 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 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 2. The proposed use is not in accordance with the land use zoning as set out within the Douglas Local Plan (1998).
R 3. The proposal would be contrary to Environment Policy 36 and General Policy 2 as the proposal would detrimentally affect important views into and out of North Quay Conservation Area.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF HEAD OF DEVELOPMENT MANAGEMENT
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1.0 THE SITE 1.1 The site is the curtilage of the former Clover Asphalt Depot which is a parcel of previously developed land, a flat area of concrete hardstanding throughout, due to the original building being cleared from the site. The site is located on the southern side of the South Quay within Douglas. It is currently in use as a temporary car park.
2.0 THE PROPOSAL 2.1 Planning approval is sought for the use of site as car parking to provide 43 spaces (including 2 disabled spaces) for a period of two years. This application follows two previous application which gain temporary approval each for two years (4 years in total) for the same car parking use. No changes are proposed to the existing car park which is already laid out.
2.2 The applicants state that: "The site owner currently has no plans or finances in place to develop this site for its intended use as a residential development, within the next 2 years, therefore the continuation of this site as a parking area would be a great way of making use of an empty space until plans are in place for future development."
3.0 PLANNING POLICY 3.1 The site lies within an area of "residential use" on the Douglas Local Plan of 1998. The site is not within a Conservation Area. The Northern part of 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.
3.2.1 Strategic Policy 1 indicates that best use should be made of resources by optimising the use of previously developed land.
3.2.2 General Policy 2 sets out general 'Development Control' considerations, and indicates that developments which accord with land use zonings will be supported only where they meet these. Where a proposal does not comply with the land use zoning however, it is considered that the general considerations are still capable of being relevant. These include whether the proposal:
3.2.3 Paragraph 7.30.1 states indicates that views out of a Conservation Area can contribute significantly to its character and this point is addressed in Environment Policy 36 which indicates that development outside of, but close to, the boundary of a Conservation Area will only be permitted where it will not detrimentally affect important views into and out of the Conservation.
3.2.4 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 pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
3.2.5 Paragraph 11.5.3 indicates that the long term the target is to reduce the level of car parking required for town centre developments and seek to develop more sustainable staff and visitor transport plans but sets out a general policy (Transport Policy 7) "in the shorter term" which sets out parking standards for new developments.
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4.0 OTHER MATERIAL CONSIDERATIONS 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 The Central Douglas Master-plan 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 Master-plan 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.
4.3 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".
4.4 The Manual for Manx Roads (published by the Department of Infrastructure) sets out detailed guidance on highways matters.
4.5 The Area Plan for the East has been approved by Tynwald and will come into operation on the 1st December 2020. 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.
5.0 PLANNING HISTORY 5.1 The site has been the subject of an application for redevelopment - PA 08/00221/B for the construction of building to provide 33 apartments with integral parking. This was approved on 1st December 2011 (following and appeal and subject to a S.13 agreement). Condition 1 gave 4 years for commencement. This application is therefore not extant.
5.2 A subsequent applications for temporary car parking - PA 16/00371/B was approved on 21st June 2016. The application sought approval for the provision for 46 temporary (2 years) car parking spaces and three self-servicing car washing machines. The proposal included a white 0.7 metre high fence along the northern boundary which fronts onto South Quay. The site which is predominantly concrete finish would remain, albeit sections would be repaired and improved with a matching concrete finish. The parking spaces would be marked out by
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painted white lines. The parking would be used for contract parking only, for 7 days a week at any time.
5.3 The Officers Report for 16/00371/B 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 street-scene 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.
6.2 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.
6.3 With the appropriate worded conditions relating to the fence type and height and planters, it is considered the visual impacts of the proposed use, whilst not ideal, would be acceptable on a temporary basis only. Furthermore there are no highway issues, and therefore the application is considered acceptable and is recommended for approval subject to conditions".
5.5 A further temporary planning application for Provision of 43 (including 2no Disabled) temporary car parking spaces for a period of 2 years - 18/00350/B - was approve don the 8th October 2018. The Planning Committee declined to accept the officer recommendation (who has recommended a refusal) and, noting a combination of factors, considered that there were special circumstances in this case which indicated that the Council of Ministers policy on temporary car parks should not be applied in this case. They voted to approve the application subject to 3 conditions. In the Minutes of the Planning Committee Meeting the Members 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. This was approved with the following conditions attached: "1. There shall be no washing of cars within the site.
Reason: To prevent the discharge of contaminated run-off into nearby watercourses.
Within 2 years of the date of this approval becoming final the use hereby approved shall cease.
Reason: The proposal is for a temporary use and it is important not to prevent the longer term development of the site.
Reason: To ensure the development is carried out in accordance with the approved details."
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6.0 REPRESENTATIONS 6.1 Douglas Borough Council sought more time to comment (26.10.2020) and then provided more detailed comments (17.11.20): "The above application was placed before the Council's Environmental Services Committee at a meeting held on the 16th November 2020. Following consideration of the application the Committee resolved to object to the application as it would be in conflict with the COMIN Directive on Temporary Carparks.
The site has already been used as a temporary carpark for a period of two years which expired on the 7th October 2020 at which point the use of the site as a temporary carpark was to cease as clearly stated within the Planning Notice for PA 18/00350/B dated the 8th October 2018. The Planning Notice also makes it very clear that it is important not to prevent the longer term development of the site.
If the Planning Authority resolves to permit a further extension of the site's use as a temporary carpark, Douglas Borough Council would kindly ask that the Authority gives consideration to applying conditions to any approval granted bearing in mind that the development of the site for residential use will be put on hold for a further period of two years.
The Council would ask that the site owner improves the visual appearance of the site by cladding the exposed wall of the industrial unit on the west side of the carpark and that the owner improves the visual appearance of the exposed masonry walls on the east side of the site. The Council believes that the site in its current state does not comply with General policy 2 (b) and (c) Isle of Man Strategic Plan 2016, in that it doesn't respect the buildings and spaces around it and is having an adverse effect on the character of the area due to its current condition. The area is zoned for residential development and the Council believes that the continued use of the site as a carpark will only hinder and further delay the development of the site for residential apartments/dwellings"
6.2 DOI Highways Services made the following comments (23.10.2020): "Highway Services accepts the continuance of this car park on a temporary basis given the previous grant of planning consent under 18/00350/B and providing car parking can be managed down on a residential use coming forward in the near future. This would aid the reduction in commuter based car use within central Douglas and meet other accessibility and sustainability objectives. It should be noted that the visibility splay to the east on exit is below the 43m required for a 30mph speed limit. The set back should be 2.4m not 2m as drawn. Notwithstanding, given the existing circumstances, road safety has not been, and is unlikely to be, significantly compromised from this sight line being and remaining substandard."
7.0 ASSESSMENT 7.1 The principle issues with the application is the land use zoning and whether the use of the site on a temporary basis for car parking is acceptable and Highway Safety issues.
The land use zoning / use of site 7.2 The use is not residential nor, given its size and nature, could it be considered as an ancillary or complimentary use which might normally be found within a residential area. It is therefore not in accordance with the zoning of the Douglas Local Plan. The Local Plan remains in force until the Area Plan is adopted; however, the Area Plan has greater weight than previous considerations of this application, given it has been through a Public Inquiry and is potentially be adopted in the matter of weeks. Nevertheless, it is difficult to see how the proposed use would fall within the uses set out within the Area Plan.
7.3 The use of brownfield sites for temporary uses raises various questions - the extent that the use of the site as a temporary car park discourages investment in its more permanent
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development, the likely condition of the site in the interim if approval is not given for a temporary use and the extent to which the latter outweighs the former. The answers to these questions are to some extent conjecture. However, the recently adopted Council of Ministers policy gives a firm view as to how these issues might be considered. Therefore the issue is whether there are exceptional circumstances which would indicate that the 'normal' position as set out in the policy should not be followed.
7.4 It is noted that the applicants stated during the previous application in 2018 that: "The site is zoned for residential use, however the owner of the site has advised a 2 year period for temporary car parking in order to offer a use for the site until investment can be secured for residential development to take place".
7.5 Clearly from the comments made by the applicants in this current application this has not occurred, nor has any evidence been produced that the site has been offered for sale or has the applicants gained any planning approval on the site for any different development. There are concerns, that even when the applicants has been made aware of the Departments concerns of granting temporary approvals at each application; there now does not appear to be any positive efforts evidence which suggests the applicants has made real efforts to develop the site. Again the applicants have not given any clear reasons for why the site has not been developed or the plans/timescale for its development (noting there is no extant planning approval). The Strategic Plan sets out a broad long term direction of travel of restricting town centre parking and the promotion of other travel methods. This is reinforced by the policy within the Action Plan which seeks to restrict temporary car parks with immediate effect. The applicant has provided limited justification in relation to need, and has not tied this to any specific sites/developments/events.
7.6 Previously, the Planning Committee consider that a further 2 year approval should be granted given the fact that the Area Plan had 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. The Area Plan has now been approved. Furthermore, the Promenade scheme whilst not finished (was due to be finished in March 2021) and is potentially running behind schedule, it is likely to be finished (or at least the area of the Promenade nearest to the site) in 2021. Therefore, the need for parking would be reduced soon and also the applicants wish for two additional years would appear excessive. Whilst Lord Street is yet to be developed, it is considered a reasonable argument that allowing a further temporary car park/s approval, on the basis that other temporary car parks are been developed could cause a dangerous approach, perhaps extending the time for these sites being developed further. Overall, whilst it is understandable why the Planning Committee came to the decision previous, it is now considered the reasons either do not carry such weight as before or are not applicable. However, should the Planning Committee consider there is still sufficient reasoning to allow a temporary use, then perhaps a condition for 1 year only could be considered, rather than the two years sought by the applicant - as the Promenade works will likely have been completed. It is therefore considered that the proposal would be contrary to the Council of Ministers Policy and Strategic Plan Strategic Policy 1.
7.7 Furthermore, while the site remains as a car park and even though some fencing/artificial hedging has been installed along the boundary; the fact remains the site visually does not add to the character or street scene and is directly opposite a Conservation Area (North Quay). Accordingly, further allowing the site to remain as a car park 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. Furthermore, the proposal would be contrary to Environment Policy 36 and General Policy 2 as the proposal would detrimentally affect important views into and out of the Conservation (i.e. North Quay Conservation Area).
Highway Safety
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7.8 The comments from DOI Highway Services are noted and relied upon in this regard, and so it is considered that the proposal is acceptable in terms of highway safety.
8.0 CONCLUSION 8.1 Overall; for the reasons indicated within this report it is considered the proposal would be contrary to the Council of Ministers Policy and Strategic Plan Strategic Policy 1, General Policy 2 and Environment Policy 36. Accordingly, the application is recommended for a refusal.
8.2 Should the Planning Committee disagree with this recommendation; it is recommend the following condition should be attached: C 1. Within 1 year of the date of this approval becoming final the use hereby approved shall cease.
Reason: The proposal is for a temporary use and it is important not to prevent the longer term development of the site.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: 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 above 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 : ...Refused... Committee Meeting Date:...30.11.2020
Signed :...C BALMER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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