Planning Division Statement PA 11/01091/B

Statement on behalf of the Planning and Building Control Division (Department of Infrastructure) in respect of: PA/11/01091/B - Erection of a block of 68 apartments with landscaping and parking and demolition of no 6 Summerhill to provide amended vehicular access Former Tours (IOM) Site, Summerhill Quarry, Summerhill, Douglas. ### Introduction 1. In accordance with the provisions of 10.(1)(b) of the Town and Country Planning (Development Procedure) Order 2005 any planning application that proposes development involving land that the Department of Infrastructure could be said to have a vested interest in cannot be determined by the Planning and Building Control Division. In these instances the relevant legislation requires the planning application to be referred to and determined by the Council of Ministers. Such planning applications are dealt with by an appointed person (Planning Inspector) who is charged with assessing the proposed development and reporting their recommendations to the Council of Ministers. 2. Given the above, this statement is intended to set out the background of the planning application and identify what are considered to be relevant planning policy considerations. In order to avoid any perception of bias the statement purposely makes no assessment of the proposed development and offers no recommendation. The author of this statement intends to attend the inquiry to assist the appointed person where possible. ### The Application Site 3. The site is formed from the boundaries of a former quarry situated to the north west of Summerhill and King Edward Road. The north western extent of the site is a cliff face above which are a number of residential properties located at Montreux Court. These are large detached dwellings, some of which have rear gardens which extend to towards the edge of the cliff. The closest of these dwellings to the site is currently under construction. To the north of the site is a parcel of undeveloped land off Montreux Court which has approval in principle for the erection of 2 dwellings. 4. The surrounding area is characterised by distinct styles of housing and built development. The properties on the section of King Edward Road to the south of site are traditional in design and have no more than two storeys. Summerhill has a mixture of house designs, some having three storeys and some having two. They generally step up in height as they rise up the hill. 5. The main section of the site itself is not attractive and the extant use as a depot is not in accordance with the land use designation set out by the Local Plan. It has a generally run down appearance although public views into the site are largely screened by the properties on Summerhill. Some of the properties situated on Montreux Court are partially visible from the promenade. 6. The cliff face is a mixture of exposed rock and scrub vegetation. The topography of the site is such that it rises in level from the south east to the north west. There are effectively 2 main areas. The upper section is occupied by a large industrial type building (823 sq.m in area), referred to as a depot which is accessed via a slope from the lower level. The lower level is occupied by a number of smaller buildings. Two metal buildings, referred to as "Wash" and "Depot" are located to the north of Summer Hill Grove, each having a floor area of approximately 180 sq.m. A block containing offices and toilets is situated to the east of these buildings. To the eastern side of the site is a large warehouse type building, referred to as "Offices" which has a floor area of approximately 616 sq.m. The total floor area of all of the buildings on the site (excluding No.6 Summerhill) is approximately 2034 sq.m. 7. An access lane runs to the rear of Summer Hill Grove and Summerhill, providing access to the rear yards of these properties. Summerhill Place is formed by 3 terraced properties situated to the south west of the existing access road which leads from Summerhill into the site. 8. It is proposed as part of the scheme to demolish No. 6 Summerhill. This is an end terrace property which is situated on the northern corner of the access to the site. Its curtilage extends along the initial 25 metres of the access from Summerhill. 9. The existing properties which form Summerhill, Summer Hill Grove and Summer Hill Place are Victorian terraces, having rear outlets and walled rear yards. ### The Proposal 10. The proposal comprises a residential development of a block of 68 apartments with landscaping and parking and demolition of no 6 Summerhill to provide amended vehicular access. The planning application, which seeks detailed planning approval for the proposed development, includes drawings and information covering all aspects of the proposal. ### Planning History 11. The site has been the subject of previous planning applications, of which the following are judged to be relevant: 88/01786/C - Change of use of premises from coach garage to warehouse/coach garage. Refused. 90/01170/C - Change of use of upper coach garage to coach garage with associated workshop. Refused. 12. The undeveloped land to the north west of the cliff has been the subject of a recent application which is relevant to this case: 11/00620/A - Approval in principle for the erection of 2 detached dwellings with new vehicular access. Permitted. 13. No. 6 Summerhill has been the subject of the following application which is judged to be relevant 84/01076/B - Demolition of outbuildings and construction of off-street parking area. Permitted. ### Planning Policy 14. In terms of land use designation the site lies within an area which was designated as Predominantly Residential by the Isle of Man Planning Scheme (Douglas Local Plan) Order Map No. 3 (North). 15. Part of the site (the access from Summerhill Road) is within the Douglas Promenades Conservation Area. The majority of the site is outside of the Conservation Area but adjacent to it. A plan showing the extent of the Conservation Area is enclosed as appendix 1 to this statement. 16. In terms of strategic plan policy, the following are contained within the Isle of Man Strategic Plan - Towards a Sustainable Island June 2007 and are judged to be relevant to this application: 17. Strategic Aim: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage." 18. Strategic Policy 1: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services". 19. Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3". Housing Policy 4 reiterates this objective. 20. Strategic Policy 3: "Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: a) avoiding coalescence and maintaining adequate physical separation between settlements; and b) having regard in the design of new development to the use of local materials and character". 21. Strategic Policy 4: "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 to unacceptable environmental pollution or disturbance." 22. Strategic Policy 5: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." 23. Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport; c) not adversely affect highway safety for all users, and d) encourage pedestrian movement." 24. Strategic Policy 11: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016." Housing Policy 1 reiterates this. 25. 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 space 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 adverse 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; i) 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." 26. Environment Policy 35: "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. 27. Environment Policy 36: "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." 28. Environment Policy 42: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area, will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." 29. Housing Policy 5: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more." 30. Recreation Policy 2: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area." 31. Recreation Policy 3: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan." 32. Appendix 6 requires that for every 2 bedroomed new dwelling 36 sq m of formal open space is provided, 12 sq m of children's play space and 16 sq m of amenity space, a total of 64 sq m. In the case of 3 bedroomed properties or larger, the requirements are 54, 18 and 24 sq m – a total of 96 sq m. 33. Recreation Policy 4: "Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport." 34. Recreation Policy 5: "Area Plans will identify areas where improvements to informal access to the countryside can be made and to the public footpath network. Existing public rights of way should be retained and any development which affects these will be permitted only if it provides diversions which are no less direct or attractive than existing routes." 35. Transport Policy 1: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes." 36. Transport Policy 2: "The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems." 37. Transport Policy 4: "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." 38. Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards" (these are set out at Appendix 7 and generally require two parking spaces per new dwelling where possible accommodated behind the building line). 39. Transport Policy 8: "The Department will require all applications for major development to be accompanied by a Transport Assessment." Such an Assessment is provided as part of the application. 40. Energy Policy 5: "The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment." This statement has been prepared by Mr S Stanley BA(Hons) MA(Hons) TRP on behalf of the Planning and Building Control Division (Department of Infrastructure)