RECEIVED ON 29 OCT 2013

Crown Division Government Offices Douglas Isle of Man

10 October 2013

To the Council of Ministers

Case Reference DF13/0025 Planning Application 13/00841/REM

Application by Time & Tide Commercial Limited for approval of matters reserved from a previous approval for the erection of a development comprising a new town centre library, offices, multi-storey car park and public toilets with associated external works on a site bounded by Lord Street, Fort Street, Cambrian Place and Muckles Gate, Douglas.

BACKGROUND INFORMATION

1. I have the honour to report that on 25 September 2013 I carried out a site visit at the above location. The case is being made by written representations.

2. On 24 January 2013 the Council of Ministers accepted the recommendation of the Independent Inspector, Mr Alan Langton, and granted Approval in Principle to Time & Tide Commercial Ltd for the development described above. A decision was issued on 1 February 2013, subject to various conditions. The first 3 conditions made it clear that:

   • The approval was limited to an Approval in Principle (although siting and landscaping were discharged).
   • Approval of the details of design, external appearance, internal layout and means of access (the reserved matters) should be obtained before any development starts.
   • The application for approval of these reserved matters should be made within 2 years.

3. In accordance with these conditions, the current application seeks approval for the reserved matters of design, external appearance, internal layout and means of access. Detailed plans have been submitted. The application is also supported by a Design and Access Statement, a Flood Risk Assessment, a Ground Condition Survey (Walkover and Desk Study), a Transport Assessment and 3 Technical Notes.

4. The site includes highway land where the Department of Infrastructure could be said to have a vested interest. Therefore, in common with the preceding application, the current application has to be determined by the Council of Ministers.

SITE DESCRIPTION

5. The proposed development is the first stage in the regeneration of Lower Douglas, a part of Douglas that lies between the central commercial area and the ferry port.

6. In view of the fact that Approval in Principle was granted within the last 10 months, I consider it reasonable to assume that the Council of Ministers has some familiarity with the site. In brief, however, this triangular piece of land is bounded by Fort Street (to the north east), Lord Street (to the south) and the much narrower Muckles Gate and Cambrian Place (to the west). Most of the land is used as a surface car park. Nearby buildings include the offices of the TGWU on the corner of Cambrian Place and Fort Street, the police station on the corner of Fort Street and Lord Street, and the offices and café on the corner of Lord Street and Muckles Gate (generally known as the Baker Tilly building).

THE PROPOSED DEVELOPMENT

7. The plans of the proposed development are much the same as those that were submitted with the preceding application. In summary:

• The library would have a distinctive double-height curved glazed frontage overlooking the junction of Fort Street and Lord Street. There would be offices and other ancillary uses on its mezzanine floor.
• The multi-storey car park would be behind and above the library. It would have 445 car spaces, including 22 mobility car spaces. Vehicular access would be from Lord Street, and there would be pedestrian accesses from Lord Street and Fort Street.
• The public conveniences would be between the car park's Fort Street entrance and the rear of the TGWU building.
• Fort Street would be realigned so that it met Lord Street square on. A taxi rank and a small area landscaped with trees and benches would occupy the triangle of land made available by the street's realignment.

8. In response to concerns and comments made by the previous Inspector, a few changes have been made since the preceding application. The significant ones are as follows:

• The car park's stair tower on the corner of Lord Street and Muckles Gate has been deleted. A stair and lift tower is to be provided more centrally on the Lord Street elevation.
• The car park's physical height has been reduced by the removal of the flat roof above Level 7. Instead, there would be a projecting eaves line at the floor level of Level 7 and balustrades above.
• Muckles Gate would be kept clear of obstructions. Bollards would be removed, and the motorcycle and cycle spaces previously shown have been relocated to a covered area just inside the vehicular entrance to the car park. The full width of Muckles Gate would be paved so that delivery vehicles could access the rear of the Co-op in Duke Street.

REPRESENTATIONS RECEIVED

9. The Douglas Borough Council has no objection.
10. The Isle of Man Water and Sewerage Authority has no objection subject to conditions relating to surface water attenuation and a connection to the public sewerage system.
11. The Manx Electricity Authority has expressed its normal requirement that the developer makes contact before any work is carried out.

ADVICE FROM THE DEPARTMENT OF INFRASTRUCTURE'S PLANNING AND BUILDING CONTROL DIVISION

12. This is a key development site within Lower Douglas. In redesigning the scheme the applicants have sought to address the outstanding issues identified in the Inspector's Report on the preceding application (12/00831/B) whilst retaining the overall massing, design, location and mix of uses.

ADVICE FROM THE DEPARTMENT OF INFRASTRUCTURE'S HIGHWAYS DIVISION

13. There is no loading facility within the application site. But, just outside the red line indicating the site's boundaries, a loading bay adjacent to the proposed development is shown alongside Fort Street (Drwg No 12001 P202 Rev D). In order to ensure that the developers provide this loading bay there would need to be a legal agreement with the Highway Authority. Or, alternatively, a separate planning application could be made for the loading bay and, if approval were granted, a condition could link the timing of its provision to the completion of the adjoining library, car park and public toilets. In addition, the Highways Division has noted an absence of tactile paving in the vicinity of the taxi rank and Fort Street.

INSPECTOR'S ASSESSMENT

14. The principle of the development has already been approved. For that reason, my assessment is limited to the reserved matters of design and external appearance, internal layout and means of access. I will consider each of these in turn.

Design and external appearance

15. The Interim Planning Guidance for Key Town Centre Sites in Douglas makes it clear that the application site is a prominent gateway in this part of Lower Douglas. A high quality of design is therefore required. The previous Inspector concluded that, as a whole, the design of the scheme matched up to this requirement; a view that I share.

16. However, the previous Inspector had reservations about the juxtaposition of the 7-storey multi-storey car park with the 3-storey Baker Tilly building just 7m away on the other side of Muckles Gate. This is something that the applicant has tried to address in the current application. The stair tower on the corner of the car park nearest to the Baker Tilly building has been deleted. Instead, there would be a stair and lift tower further along the Lord Street frontage. To my mind this would be a considerable improvement. Furthermore, I consider that the proposed reduction in the overall physical height of the car park and the creation of a projecting eaves line at the floor level of Level 7 would lessen the overbearing effect that this large building would have on the much smaller Baker Tilly building. In that respect I note that Baker Tilly have advised the applicant that their objection to the preceding application may now be considered as withdrawn (Design and Access Statement, Appendix E).

17. To my mind, the basic shape and size of the building is now acceptable in all respects. However, of equal importance to the visual success of this development is the choice of building and hard surfacing materials. This is something that can be controlled by planning conditions. I am confident that the Planning Authority will exercise its control carefully, and that the end result will be a development that respects its surroundings in accordance with the requirement of General Policy 2(b) of the Isle of Man Strategic Plan (IoMSP). I am also satisfied that the

development's design and external appearance will meet the high standard sought by the Interim Planning Guidance for Key Town Centre Sites in Douglas

Internal layout

18. I consider that the internal layouts of the multi-storey car park, library and public toilets are workable and acceptable. General Policy 2(m) of the IoMSP requires the design of buildings to take account of community and personal safety and security. In my view, the internal layout of the scheme meets that requirement.

Means of access

19. A Transport Assessment and Technical Notes 1 and 2 were submitted with the preceding application. Much of their content still applies. However, in support of the current application the applicant's highway consultants have submitted Technical Note 3: Reserved Matters Application (dated July 2013). The note explains what changes have been made to resolve the concerns of the previous Inspector in relation to Muckles Gate.

20. In my view, the proposed changes would be beneficial. Moving the motorcycle and cycle parking area into the car park would not only be more secure for the bikes and their owners, but it would also mean that the full width of Muckles Gate would be available for vehicles delivering to the rear of the Co-op. The applicant has submitted a plan showing the swept path for a large articulated vehicle turning into and out of Muckles Gate from Lord Street. This demonstrates that there would now be enough space for such a manoeuvre. I am therefore satisfied that the concerns of the previous Inspector, and the requirements of the Co-op, are met.

21. General Policy 2(i) and (k) of the IoMSP seek to ensure that development does not have an unacceptable effect on road safety and traffic flows, and does not prejudice the use of adjoining land. In my view, the scheme as now proposed meets both of those objectives.

Conclusion

22. I have reached the view that the details relating to the reserved matters of design and external appearance, internal layout and means of access are acceptable and workable. In my opinion, the proposed development would not only enhance this part of Lower Douglas but it would also act as a beneficial catalyst for the area's regeneration. In particular, the library with its distinctive curved glazed frontage has the potential to become a local landmark.

23. I therefore conclude that the application for the approval of reserved matters should be approved subject to various conditions. The conditions that I have set out in my Recommendation (below) are derived principally from suggestions made by the previous Inspector, the Highways Division, the Planning and Building Control Division, the Isle of Man Water and Sewerage Authority and the applicant.

24. Condition Nos 1 and 2 are standard conditions that specify when work should start and describe what is being approved. Condition Nos 3, 4 and 5 give the Planning Authority control over the choice of building materials, hard surfacing and landscaping; they are intended to secure the highest possible quality of development. The timely provision of the refuse store on the Fort Street frontage (Condition No 6) is essential for the quality of the development's immediate environment. Effective foul and surface water drainage is also essential (Condition Nos 7 and 8).

MNKOI 0001600657

25. In the interests of highway safety, Condition No 9 will ensure that the loading bay on Fort Street is constructed before the library, car park and public toilets become operational. Notwithstanding the fact that the loading bay lies outside the red line drawn around the application site, it is clear from recent correspondence that the developer is willing to provide it. Moreover, there is nothing to suggest that there would be any reluctance on the part of the applicant or the Highway Authority to reach the necessary legal agreement; indeed, both parties have suggested that the provision of the loading bay should be secured in that way.

26. I have also attached an Informative, the wording of which has been provided by the Highways Division.

RECOMMENDATION

27. I recommend that Reserved Matters Approval be granted, subject to the conditions set out below:

28. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

29. This approval relates to the erection of a development comprising a new town centre library, offices, multi-storey car park and public toilets with associated works on a site bounded by Lord Street, Fort Street, Cambrian Place and Muckles Gate, Douglas, as shown on Drwg Nos 12001 P200, 12001 P201, 12001 P202D, 12001 P203C, 12001 P204C, 12001 P205A, 12001 P206A, 12001 P207, 12001 P208, 12001 P209, 12001 P210, 12001 P211, 12001 P212, NW/TT/IOM.1/06A, NW/TT/IOM/07, NW/TT/IOM.1/08, NW/TT/IOM.1/09, NW/TT/IOM.1/10, NW/TT/IOM.1/11 and NW/TT/IOM.1/12 all date-stamped 16 July 2013; together with information contained within Transport Assessment and Appendices (May 2012), Design and Access Statement (9 July 2013), Flood risk Assessment (25 April 2012), Walkover Survey and Desk Study (May 2012), Technical Note 1: Additional Information (August 2012), Technical Note 2: S-Paramics Modelling (August 2012) and Technical Note 3: Reserved Matters Application (July 2013) all date-stamped 16 July 2013.

30. Before development starts, samples of the external materials to be used on the buildings hereby approved shall be submitted to and approved in writing by the Planning Authority. The exterior of the buildings shall be finished using only the approved materials.

31. Before development starts, details of hard surfacing, including the locations of tactile paving, shall be submitted to and approved in writing by the Planning Authority. The hard surfacing shall be provided in accordance with the approved details prior to the library, car park and public toilets becoming operational.

32. Before development starts, details of soft landscaping shall be submitted to and approved in writing by the Planning Authority. Details shall include the species, size and planting method for the trees shown on Drwg No 12001 P202 Rev D. The approved soft landscaping shall be implemented in the first planting season following the completion of development, or the first use of the development, whichever is the sooner. If within 5 years of being planted any tree dies, becomes diseased or is removed, it shall be replaced in the next available planting season with another of the same species and size.

33. Before the library, car park and public toilets become operational, the refuse store shown on Drwg No 12001 P202 Rev D shall be constructed and made available, and shall thereafter remain as a refuse store to serve the development.

7. Before the library, car park and public toilets become operational, the development shall be connected to the public sewerage system in a manner that conforms to the requirements of "Manx Sewers for Adoption". Any necessary CCTV surveys shall be carried out at the developer's expense.

8. Before development starts, a scheme for the disposal of surface water shall be submitted to and approved in writing by the Planning Authority. The scheme shall incorporate surface water attenuation prior to any discharge into the existing public system. The disposal of surface water shall be in accordance with the approved scheme.

9. All highway works, including the loading bay on Fort Street, shall be completed before the car park, library and public toilets become operational.

Informative: The realignment of Fort Street will require the land coloured green outside the footprint of the development, as shown in Drwg No 12001 P201. This will require the owner of the land (Douglas Corporation) to pass ownership to the Department of Infrastructure or enter into an agreement subject to Section 4 of the Highways Act (1986) for the Department of Infrastructure to adopt the highway once built. In addition, the Department of Transport will require the applicant to enter into an agreement under Section 109a of the Highways Act (1986) for all proposed works within the highway.

Ruth MacKenzie BA(Hons) MRTPI Independent Inspector