137958

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                                                 16/00865/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00865/B Applicant : The International Centre For Technology Ltd Proposal : Demolition of existing swimming pool building and out-buildings and erection of a multi-purpose building with associated soft and hard landscaping Site Address : Former Swimming Pool Site The Nunnery Old Castletown Road Douglas Isle of Man IM2 1QB

Case Officer : Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE

THE SITE 1.1 The site is the curtilage of The Nunnery, a historic building located on the southern outskirts of Douglas and bounded by the River Douglas to the north and the Old Castletown Road (A25) to the south. The original curtilage includes two fields to the south and south west of the application site, which are omitted as they are not owned by the current applicant. The application site includes the entrance lodge (the distinctive, castellated building which marks the entrance to the site from the eastern side of Old Castletown Road), the main Nunnery block, the chapel, stables and outbuildings and former swimming pool as well as various areas of car parking. The latter is available mainly in a courtyard directly behind (north) of the main Nunnery building and accommodates around twelve vehicles. Cars are also parked alongside the entrance drive to the south west of the main building.

1.2 There is a wooded area to the north west of the main building which is accessed by an existing part hard cored driveway. This part of the site has recently been submitted for the creation of a car park (PA 16/00678/B) which is to be considered at the same time as this application.

1.3 Some of the buildings on the site accommodate a range of educational facilities. The buildings, particularly the lodge and the main building, have undergone a scheme of restoration intending to bring them up to modern day standards in order to accommodate a centre of excellence for learning and business development. The site has long been considered suitable for consideration for Registration due to the historical interest of the site and its previous owners but none of the buildings is currently protected in this way. There are also features of archaeological interest within the site although these are not specifically protected by Ancient Monument status.

1.4 The swimming pool was constructed in the 1990s and is a functional building with wide span roof finished slate with rooflights and with rendered and blockwork walling. Pedestrian access is from all directions including from the main building via a curved staircase. Alongside the building there is an area of grassed, flat with some brick walling and trees overhanging the site. There are also some trees and shrubs within the site.

1.5 There is a vehicular access into the site from the peripheral estate road.

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                                                 16/00865/B
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THE PROPOSAL 2.1 Proposed is the demolition of the former swimming pool and its replacement with a new building providing a range of facilities including a cafe and open spaces which are sub-dividable and usable for a range of purposes - conference, business, training, IT research and innovation as well as by the public for social functions.

2.2 The building has three floors with the lowest one being partly subterranean. The building will be constructed at the same level as the chapel whereas the main mansion house building is somewhat higher.

2.3 The building is built in a simple form with a flat roof and stepped footprint by floor and a mix of finish materials - stone cladding, timber effect boarding, aluminium framed windows and red facing brick.

2.4 Vehicular access will remain through the existing entrance from the estate road alongside a new entrance but this will be available only for deliveries and disabled persons, motorbike and cycle parking. Two areas of estate road opposite will be repaired and new tarmacadam laid. A row of trees is to be introduced to the north of the building to mitigate the loss of a number of trees at the periphery of and within the site.

2.5 Having regard to the 2003 application conditions, the applicant has undertaken discussions with the appropriate bodies regarding archaeology, ecology and drainage. Discussions with Manx National Heritage have revealed that this part of the estate has been the subject of archaeological excavations and they recommended that an archaeologist be appointed to inform the design process and to monitor during the ground breaking, drainage and foundation installation. The applicant is content to provide an archaeological method statement prior to the commencement of works. They provide a statement of archaeological mitigation and method statement with the application, indicating that they have engaged the advice of a professional archaeologist in respect of the design or foundations, drainage and trenches and the approval of MNH is required for the appropriate archaeological licence to be provided. They confirm that the services of the qualified archaeologist will be retained throughout the project and the need for such supervision will be made clear to those on site with reports on the topsoil removal will be made to MNH.

2.6 Discussion with the Wildlife Trust indicates that the application building is outside of the area of interest within the estate and bat surveys have already been carried out for the estate and their survey of the site indicates that there are no bats present but bat boxes will be incorporated in the new building.

2.7 The application includes a transport statement which explains that the principal access is intended to be the south lodge entrance which is the south western access onto the Old Castletown Road. They also indicate that it is hoped to encourage car sharing, access on foot and bicycle by linking the estate with the town through new walking and cycle routes and a footbridge and opening up a gateway onto the public footway through from Middle River to the Old Castletown Road which would also increase accessibility to an increased number of bus services. They foresee the building being available for use all day every day, providing almost 2,000 sq m of floorspace and accommodating up to 250 delegates with associated staff, some of whom may already be on campus.

2.6 In terms of drainage, the new building will be connected to a soakaway and the foul sewage disposed of to a Biodisk system.

PLANNING STATUS 3.1 The site is in part currently the subject of a proposed Development Order by Cabinet Office for the designation of the land for employment purposes. This, if approved will designate the land for specific purposes, paving the way for detailed applications to be submitted. It is understood that the

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                                                 16/00865/B
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proposal was put forward for the Nunnery land on the basis of it being for a "technology park" although in the Order it will be clarified what planning uses this encompasses. In the past, the employment land assessments have considered industrial, offices, storage and distribution uses.

3.2 The site as a whole is designated on the Douglas Local Plan as Private Woodland. As such, there is a presumption against development which would adversely affect trees of amenity value as set out in Environment Policy 3 and a general presumption against development which would harmfully affect the open setting of the site, albeit with the acknowledgement that there are buildings on site, and buildings of some quality and interest, at that. As the site is not designated for development, there is also a presumption against development as set out in General Policy 3. This includes provision for the redevelopment of previously developed land as follows:

c) previously developed land which contains a significant amount of buildings; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment.

3.3 The buildings within the estate have been identified as being suitable for consideration for Registration. As yet, no such Registration has been proposed by the Department.

REPRESENTATIONS 4.1 DEFA Fisheries express concern about the impact on the river from the construction and any discharge points and require a method statement to be agreed in advance (10.08.16).

4.2 Further discussion has been held with DEFA regarding the discharge of water into the river and it has been confirmed that if the proposed soakaway is not fit for purpose and pools on dry land then this becomes a public health issue. The applicant has confirmed that waste water will be passed through a Bio/Enviro treatment tank which will only discharge clean water which will be filtered through a drain system within the woodland with the surface water routed through the existing surface water drain system. The applicant has confirmed that discussions with DEFA's Biodiversity Division have resulted in no issues with them if the resulting water is demonstrated to be "inert".

4.3 Manx Utilities indicate that the sewage plant will not become publicly maintainable and requires that a detailed operation and maintenance programme be submitted for consideration to the Department as part of the application and also to the Department's Environmental Health Division and they also note that the applicant will have to apply for and receive a discharge license for the discharge of the bio-disc system into the adjacent river (16.09.16).

4.4 The Forestry Officer from DEFA confirms that it does not object to the removal of trees as proposed and that the applicant undertook discussions with them prior to the submission of the application (24.08.16). He is somewhat critical of the accuracy and arboricultural professionalism of the tree constraints and protection measures but is confident that the works can be carried out without adverse impact on the remaining trees. He recommends a condition to address these:

No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with British Standard BS5837:2012: Trees in Relation to Design, Demolition and Construction - recommendations) has been approved in writing by the Department. The tree protection plan and arboricultural method statement must be implemented in full and be subject to supervision by a suitably qualified tree specialist. This condition may only be fully discharged on completion of the development subject to satisfactory written evidence of contemporaneous supervision and monitoring of the tree protection and construction methods by a suitably qualified tree specialist being supplied to the Department. The protection measures must be carried out as described and approved. No alterations or variations to

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                                                 16/00865/B
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the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

Also, no site clearance, site preparatory work or development shall take place until a landscaping scheme has been agreed in writing by the Department. The scheme should address how hard surfaces and changes to existing ground levels will be implemented without having a detrimental impact on existing mature trees. The landscaping shall be carried out as described and approved.

4.5 The Isle of Man Natural History and Antiquarian Society express support for the Registration of the main Nunnery building and the Chapel, stables, gatehouses and lodge buildings and would have preferred that they were Registered before applications for their development were considered, they note that the proposed building is set back from the others and stone will be used on their elevations. They would be concerned if the proposed addition jarred with the setting of the buildings alongside and suggest that a condition is attached to ensure that the stonework gives the impression of Manx stone traditionally laid to match the existing buildings and that a sample of the stone is provided and approved before it is installed. They are concerned that the development should have sufficient car parking and that the application for the car parking is separate to this. They are also concerned that part of the justification or need for the total amount of parking is development whose approval is part of a separate (development order) process. They would like to see a phasing to the provision of the car parking so that there is no overprovision. They note, finally, that the master plan area omits a field alongside the A25 (13.09.16).

4.6 Highway Services indicate that they have no highway interest in the current application (18.08.16).

4.7 Douglas Borough Council raises no objection subject to a requirement for the re-use of the existing stone from the existing masonry wall which is to be demolished, in accordance with Strategic Policy 1a.

PLANNING HISTORY 5.1 The site has been the subject of a number of applications for alterations of the existing buildings which are not considered particularly relevant to the consideration of the current application, although perhaps of most importance are the following:

PA 10/00194/B - creation of a car parking area together with access roadway, footpaths and associated lighting - approved

PA 03/01429/C - change of use of Nunnery Estate to permanent use as a Business School and uses incidental to, including additional car parking, teaching facilities and associated residential accommodation indicated within master plan - approved

as well as the most recent application for the creation of car parking which has yet to be determined (see paragraph 1.2).

ASSESSMENT 6.1 The site is not designated for development. However, the site has a building on it and as such, the provisions of General Policy 3c are applicable and would allow redevelopment if the new building resulted in an improvement to the general appearance of the site and a reduction in the current impact. The existing building is of inappropriate form given the attractiveness and interest of those nearby and whilst the proposed building is larger and more prominent, it is considered that the impact is one of a better thought through and designed structure which has been built and finished to complement its surrounding environment not through competing for prominence or stature but by replicating certain materials and by sitting comfortably behind existing walling and a significant tree.

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6.2 The other issues in this case are whether the scheme has any adverse impacts on highway safety, ecology, drainage and trees.

6.3 The scheme will result in the increase in traffic to and from the site. As such, the provision of additional parking as is proposed in PA 16/00678/B is essential. Any approval of the current application should be dependent upon the provision of parking as provided for by that or another application. As is, the current parking provision is inadequate to accommodate the vehicles which would be generated by the proposed use. What is proposed is the concurrent application would satisfy the requirements for parking in this case.

6.4 There could be an impact on ecology through the removal of trees and a failure in the drainage system to adequately filter discharged water from the site. The trees to be removed have not been identified as having any ecological value and bats are not thought to utilise these trees for foraging or roosting. The drainage system has been designed in principle to deal effectively with the waste water and as such, this is as far as the planning system needs to go in requiring a demonstration that the development will not adversely affect the watercourse. There are other procedures and legislation which will deal with any operational failure of this system.

6.5 The Forester has considered the proposal and the loss of trees and raises no objection to what is proposed. The trees to be lost have little or no general or particular amenity value and that to be retained, in front of the building should be kept, subject to careful protection during works, which can be the subject of a planning condition.

6.6 The continued use of the Nunnery estate is essential to the continued maintenance of its buildings and this will inevitably bring additional people coming to the site as well as changes to the uses and the appearance of the buildings themselves. This proposal involves a utilitarian and fairly unattractive building which, whilst not particularly prominent, is not complimentary to the existing group and is visible to those moving around the site. What is proposed introduces a range of uses which are in harmony with the existing uses and those proposed by the owners in the longer term are also complimentary to this. The application is recommended for approval.

PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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, in this case Highway Services Division of Department of Infrastructure and Manx Utilities (Drainage) (e) The local authority in whose district the land the subject of the application is situated.

The Fisheries Office is within the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

In this instance, it is recommended that the following persons do not have sufficient interest to be awarded the status of an Interested person in accordance with Government Circular 0046/13:

The Isle of Man Natural History and Antiquarian Society (specialist interest organisations are not generally considered to be directly affected by proposals, although it should be noted that this organisation was afforded interested person status in the case of the recent application for Port St. Mary Railway Station (PA 15/00145/B).

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word

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                                                 16/00865/B
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'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 05.10.2016

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.

C 2. The accommodation hereby approved may not be operational until such times as there are in place 95 additional parking spaces within the site, either in accordance with the scheme proposed under PA 16/00678/B or an alternative scheme.

Reason: To ensure that there are available to users of the site adequate car parking facilities in a convenient location.

C 3. No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with British Standard BS5837:2012: Trees in Relation to Design, Demolition and Construction - recommendations) has been approved in writing by the Department. The tree protection plan and arboricultural method statement must be implemented in full and be subject to supervision by a suitably qualified tree specialist. This condition may only be fully discharged on completion of the development subject to satisfactory written evidence of contemporaneous supervision and monitoring of the tree protection and construction methods by a suitably qualified tree specialist, being supplied to the Department. The protection measures must be carried out as described and approved. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

Reason: To ensure that those trees which are shown to be retained and which contribute to the character and appearance of the site, are retained in the short and longer term.

C 4. No site clearance, site preparatory work or development shall take place until a landscaping scheme which shows how hard surfaces and changes to existing ground levels will be implemented without having a detrimental impact on existing mature trees has been approved by the Department. The landscaping shall be carried out as described and approved.

Reason: To ensure that the development does not adversely affect existing trees on site which are shown to be retained and which contribute positively to the site.

C 5. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees, shrubs or herbaceous perennials that have been planted as part of the landscaping scheme approved under condition 4 which within a period of five years from the completion of the

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                                                 16/00865/B
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development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: Landscaping is an integral part of the site and key to the success of its development.

C 6. Prior to the application of any stonework, there must be approved by the Department a sample panel of the stone and jointing to be used in the finish of the building.

Reason: To ensure that the proposed building sits comfortably between the two adjacent buildings of interest.

Note: The applicant is recommended to re-use existing stone resulting from demolition on site, where this is practicable.

This decision relates to drawings P-01, P-02, P-03, P-04, P-05, P-06, P-07, P-08, P-09, P-10 and 8336-50 all received on 25th July, 2016.

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: 17.10.2016

Signed S Corlett 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

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 17.10.2016

Application No. : 16/00865/B Applicant : The International Centre For Technology Ltd Proposal : Demolition of existing swimming pool building and out-buildings and erection of a multi-purpose building with associated soft and hard landscaping Site Address : Former Swimming Pool Site The Nunnery Old Castletown Road Douglas Isle of Man IM2 1QB

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                                                 16/00865/B
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Presenting Officer : S Corlett

Officer’s Report

The Planning Committee approved the application at its meeting of 17th October, 2016 with the provision that an additional condition be attached to require the colour of the external cladding to be approved by the Department prior to any application of said cladding. This resulted from concern expressed in respect of the bright colour shown in the application drawings and photomontages.

Reason for Refusal/Conditions of Approval Delete as appropriate

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.

C 2. The accommodation hereby approved may not be operational until such times as there are in place 95 additional parking spaces within the site, either in accordance with the scheme proposed under PA 16/00678/B or an alternative scheme.

Reason: To ensure that there are available to users of the site adequate car parking facilities in a convenient location.

C 3. No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with British Standard BS5837:2012: Trees in Relation to Design, Demolition and Construction - recommendations) has been approved in writing by the Department. The tree protection plan and arboricultural method statement must be implemented in full and be subject to supervision by a suitably qualified tree specialist. This condition may only be fully discharged on completion of the development subject to satisfactory written evidence of contemporaneous supervision and monitoring of the tree protection and construction methods by a suitably qualified tree specialist, being supplied to the Department. The protection measures must be carried out as described and approved. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

Reason: To ensure that those trees which are shown to be retained and which contribute to the character and appearance of the site, are retained in the short and longer term.

C 4. No site clearance, site preparatory work or development shall take place until a landscaping scheme which shows how hard surfaces and changes to existing ground levels will be implemented without having a detrimental impact on existing mature trees has been approved by the Department. The landscaping shall be carried out as described and approved.

Reason: To ensure that the development does not adversely affect existing trees on site which are shown to be retained and which contribute positively to the site.

C 5. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees, shrubs or herbaceous perennials that have been planted as part of the landscaping

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                                                 16/00865/B
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scheme approved under condition 4 which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: Landscaping is an integral part of the site and key to the success of its development.

C 6. Prior to the application of any stonework, there must be approved by the Department a sample panel of the stone and jointing to be used in the finish of the building.

Reason: To ensure that the proposed building sits comfortably between the two adjacent buildings of interest.

Note: The applicant is recommended to re-use existing stone resulting from demolition on site, where this is practicable.

C 7. Prior to the use of any external cladding, the colour of the cladding must be approved by the Department and the cladding installed in accordance with that decision.

Reason - to ensure that the cladding is sympathetic to its context and in particular to the two historically important buildings on either side.

This decision relates to drawings P-01, P-02, P-03, P-04, P-05, P-06, P-07, P-08, P-09, P-10 and 8336-50 all received on 25th July, 2016.