141266 — 16/00678/B | Planning Portal IoM | Isle of Man Planning Portal

==== PAGE 1 ====

                                                 16/00678/B
                                 Page  1  of  10

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00678/B Applicant : The International Centre For Technology Ltd Proposal : Creation of a car and coach parking facility with associated lighting, construction of additional passing places and a new road access and upgrading of existing track to an access road Site Address : The Nunnery Old Castletown Road Douglas Isle of Man IM2 1QB

Case Officer : Miss S E Corlett Photo Taken : 14.07.2016 Site Visit : 14.07.2016 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 included 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. The application concerns this part of the site.

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 building 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.

THE PROPOSAL 2.1 Proposed is the creation of car parking spaces within the wooded area. A total of 233 spaces are proposed within the centre of the wooded area, resulting in the removal of two runs of mature beech trees which intersect an otherwise open area in the middle of the wood. Access would be through the existing lane which will be widened to 3m as well as a further access created directly from the existing approach lane to the west of the main building. Three spaces for buses to park will also be created to the south west of the car park, resulting in the removal of six small trees. The existing parking spaces directly behind the main building will be retained but reserved for use by disabled persons. A pedestrian access will be created, formalising a worn path through the trees

==== PAGE 2 ====

                                                 16/00678/B
                                 Page  2  of  10

leading to a set of stone steps with a similar set on the other side of the access road leading to the lower land.

2.2 The applicant's intention is to develop the site to provide additional facilities complimentary to the existing International Centre for Technology Limited (the ICT) as well as continuing to accommodate high quality events such as conferences, Tynwald Day celebrations, weddings, training and special local community occasions. They believe this range of functions can provide a future for the site and its buildings and a revenue to be able to maintain it. The current provision of 30 spaces around the estate is not sufficient to accommodate the existing use of the site and would certainly not be sufficient for future, expanded use of the site. Amongst other things, the applicant wishes to create an education campus focusing on teaching, technology development and innovation, research and also improving pedestrian and cycle access to the site from the town, through the development of links over the river.

2.3 They refer to an earlier approval which included the creation of a car parking area within the wood (PA 10/00194/B) and also to alternative areas for the car parking provision. Other areas were discounted because they were prone to flooding or not within the applicant's ownership.

2.4 The applicant has consulted DEFA in respect of trees and wildlife, particularly bats which are known to use the area for foraging however, subsequent work by the Manx Wildlife Trust has resulted in them considering that the proposed car park is unlikely to have any effect on the ecological interest of the estate provided that simply precautions are taken to protect the ornamental woodlands and their soils.

2.5 The applicant has also consulted Manx National Heritage in respect of the potential value of the site for archaeology but note that this part of the site was formerly a formal garden.

2.6 The works to pave the new parking area will be undertaken with reduced excavation levels to protect tree roots and providing protected areas for the existing trees to be retained. The finish material will be porous tarmacadam, paviours or concrete along main access routes and porous paviours, gravel or grasscrete for the parking bays. Using all porous materials will reduce the need for underground drainage and potentially more interference with root systems. The lighting has been designed to minimise the impact on bats, will be directed downward and will avoid light pollution.

2.7 Following discussions with Highway Services (see below) the proposal has been amended to propose a phasing plan which provides 95 spaces in phase 1 which corresponds with the previous application, PA 10/00194/B along with selective road widening of the access road from south lodge and advisory signage recommending against exiting onto the A25 via the main gate lodge entrance during predetermined busy traffic times. The remaining space would then be created following the provision of a traffic report which demonstrates that the access points into and from the estate can acceptably accommodate the traffic which would use them.

2.8 The first phase would see the bus stop within the car park and 95 spaces accessed directly from the estate access road to the west of the Nunnery building with the later phase providing the link with the perimeter road and two more bus stops.

2.9 In terms of access, it is proposed to make the southern access the principal one with new footpath and cycle links to the town. The applicant has estimated the number of spaces required as between 306 to 371 if all of the proposed developments are implemented but takes no account of overlap of workers who may be at the site for a number of different uses. Bicycle and motorcycle spaces will be provided and the applicant will introduce a travel plan to try to reduce the number of people driving to the site in single occupancy vehicles. They describe the bus services which run close to the site and confirm that there will be showers and changing facilities for those who come to the site by bicycle or who require such facilities.

==== PAGE 3 ====

                                                 16/00678/B
                                 Page  3  of  10

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 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.

3.3 The application includes a bat survey by the Manx Bat Group who looked at the proposed car park and noted that the trees to be removed are mainly two rows of beech trees which appear to be them to have been inexpertly pollarded in the past and there were few holes apparent, none suitable for bat use. Other trees marked for removal appear to them to be quite small and have no holes or cracks suitable for bat use. The single Scots pine to be removed has no potential for bat use. They recommend that a further survey during the summer months should be undertaken to take account of bats which may be attracted by insects within hedges on the site.

3.4 The Manx Wildlife Trust also provides a report which is included in the application. They describe the site as well studied in the past and whilst there are species of interest, including house sparrow, song thrush and spotted flycatcher as well as four species of fungus, bats and two types of snail are recorded as having been found within the site, the designation of part of the site as a Wildlife site in 2012 excludes the proposed car park area but includes the means of access thereto. They describe the site as attractive for wildlife, but not exceptional. They describe the loss of trees as not of the more important veteran species and the greatest risk of damage comes from potential compaction from construction vehicles on site and they recommend that no tracking of construction traffic is permitted within the ornamental woodland. Further damage, particularly to fungi, through pedestrian trampling should be minimised by the design of the access routes, acknowledging desire lines. They also recommend retaining areas of ivy which provides habitat for invertebrates, birds and bats. The tree management should follow a regime of retaining the older trees and their replacement where necessary, retaining deadwood for ecological value.

PLANNING HISTORY 4.1 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

4.2 The site is the subject of a concurrent application for the redevelopment of the swimming pool building between the Nunnery and the chapel (PA 16/00865/B).

REPRESENTATIONS 5.1 DEFA Forestry Division has no objection to the removal of the trees referred to in the Arboricultural Statement (25.07.16). However, they are concerned at the vagueness of some of the references to raising the crown level or certain trees and the protection methods involved,

==== PAGE 4 ====

                                                 16/00678/B
                                 Page  4  of  10

particularly in respect of the proposed areas of hard surfacing. He welcomes the proposal to have monitoring of the works. He recommends a number of conditions:

No works or development shall take place until a full schedule of pruning work, including the trees to be crown lifted around the edge of the proposed car park, has been submitted to and approved in writing by the Department. The schedule should include pruning specifications prepared in accordance with the recommendations of BS3998:2010 (Tree Work - Recommendations). The pruning shall be carried out as agreed.

Reason: To safeguard trees registered under the Tree Preservation Act 1993 and ensure that the pruning work that is proposed will not have a detrimental impact upon the health of the trees, maintaining tree cover and protecting the visual amenity, heritage and biodiversity value of individual trees.

No works or development shall take place until the protective fencing detailed in the Tree Survey Report prepared by Prescott Associates is installed in full and an Arboricultural Method Statement ('AMS') has been submitted to and approved in writing by the Department. The AMS should demonstrate how construction activity within Root Protection Areas, identified in Prescott Associates drawing PL404-04, will take place without having a detrimental impact on the trees to be retained. The tree protection measures and AMS will 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.

Reason: To safeguard trees to be retained, maintaining tree cover and protecting the visual amenity value protecting the visual amenity, heritage and biodiversity value of individual trees.

No works or development shall take place until a detailed planting specification prepared in accordance with BS8545:2014 (Trees: from nursery to independence in the landscape) has been submitted to and approved in writing by the Department. The planting shall be carried out as agreed.

Reason: To ensure that tree cover in area is maintained and that the trees planted successfully establish, grow with good vigour and cause minimal nuisance and conflict in the future.

5.2 Manx National Heritage has no objection to the proposal and would prefer gravel or grasscrete as a surface but note that the information provided in the application indicates that part of the access and car park will be finished with an impermeable surface (22.07.16).

5.3 Department of Infrastructure Highways Division request a deferral of the application:

General Comments: Although the planning application is generally for the creation of a car park and associated infrastructure, the Transport Statement (TS) submitted as a supporting document would appear to consider The International Centre for Technology Limited (ICT) wider proposals to create an Education Centre of Excellence comprising the refurbishment of existing buildings and the erection of new buildings. Having reviewed the aforementioned document, the Department of Infrastructure (DoI) would offer the following comments.

o Paragraph 1.07 states that it is proposed to retain the existing two points of vehicular access on Old Castletown Road with the South Lodge access identified as the proposed main point of access. However, no consideration would appear to have been given to whether or not the existing points of access are of an appropriate standard to accommodate the wider proposals and anticipated intensification of use. Old Castletown Road is a 'Primary Distributor' road therefore, the existing accesses and any required improvements should be considered in accordance with the

==== PAGE 5 ====

                                                 16/00678/B
                                 Page  5  of  10

design standards set out in the Design Manual for Roads and Bridges (DMRB). Consideration should also be given to what measures could potentially be put in place to ensure the South Lodge access is used as the main point of access.

o Paragraph 4.06 identifies standards for junction visibility. It would be helpful if the TS included a plan identifying that a visibility splay of 4.5m x 120m can be achieved at the proposed main point of access or, indeed, what can be achieved. It is noted that the 'Masterplan for Development' indicates that the east access will be a point of ingress only however, consideration should be given to forward visibility for turning vehicles at this location.

o In terms of public transport (i.e. bus), the TS identifies the location of existing bus stops relative to the site. However, most of these stops are in excess of the widely recognised recommended maximum walking distance to bus services (i.e. 400m). It is noted that initial discussions have been undertaken with Bus Vannin regarding increased frequency / new services along Old Castletown Road however, it is not clear if consideration has been given to the provision of new bus stops to shorten the walking distance to existing bus services.

o In terms of the existing footway / cycleway links to Middle River Industrial Estate and Pulrose Road / Groves Road, it is not clear if they are lit or if any enhancements will include the provision of lighting to make them more attractive and a viable alternative to Old Castletown Road.

o The TS identifies that the proposed car park will comprise a total of 233 standard car parking spaces with disabled parking spaces provided at a ratio of 5% (i.e. 12 spaces) and located close to the buildings. The proposed site plan indicates 8 disabled parking spaces located adjacent to the Mansion House (i.e. circa 3% of standard provision). It is not clear where the other 4 disabled parking spaces are proposed within the site. Although not part of this planning application, it is noted that a further 86 standard car parking spaces are proposed in support of the planned Science Park which will have a separate requirement for disabled parking.

o It is noted that the above figures are predominately based on the application of 1 space per 15sqm however, if a reasonable proportion of the wider development proposals are research based, 1 space per 30sqm may be a more appropriate standard to apply to the research / storage based elements. While it is acknowledged that the aforementioned standards are minimum standards, the over provision of car parking spaces is potentially detrimental to encouraging the use of more sustainable modes of travel particularly given that no allowance has been made for the interaction between the different land uses.

o The TS states that the anticipated vehicle trip generation has been estimated by applying trip rates extracted from other planning sources albeit, the exact source of the trip rates does not appear to be listed in the TS. A number of assumptions have been made to allow for students already on campus (i.e. a 25% reduction) and where vehicle trips are not identified, a car driver mode share of 75% applied to anticipated staff / delegate numbers. For the most part, the applied reductions in terms of vehicle trips are not considered to be significant nor is any variation around the adopted car driver mode share. However, the DoI does not agree that as little as 25% of the 250 delegates would arrive during the identified morning peak hour period (08:00 - 09:00) for a conference with registration at commencing at 09:00.

o In accordance with current policy, the TS should identify the anticipated trip generation characteristics by all modes of travel and not solely focus on vehicle trips.

o In terms of seeking to determine existing vehicle movements on and off the site, the DoI would request that surveys are undertaken at the existing points of access. Furthermore, a survey of existing staff and students would help to better determine the current and potential future mode share and better inform the Travel Plan for the development.

==== PAGE 6 ====

                                                 16/00678/B
                                 Page  6  of  10

o In summary, the TS indicates that the wider development proposals are anticipated to generate a total of 162 and 132 two-way vehicle trips during the weekday morning and evening peak hour periods or a net increase of 79 and 84 two-way vehicle trips respectively if allowing for the existing uses on the site. As stated above, surveys undertaken at the existing points of access will provide a more robust approach to quantifying existing vehicle trips.

o The TS states that the above vehicle trip generation will have little or no impact on the local road network. Notwithstanding undertaking traffic surveys to better understand existing vehicle trips, an additional 79 and 84 vehicles equate to a 95% and 175% uplift to estimated exiting traffic. This is considered to be significant and requires further consideration particularly in relation to the standard of access.

Recommendation: Having reviewed the supporting information, the Department of Infrastructure would recommend deferral of this application until the applicant and McGarrigle Architects has had the opportunity to consider and respond to the above comments (01.08.16).

5.4 Following the submission of the phasing plan and passing place provision, Highway Services indicate that they no longer object to the application subject to this being undertaken (29.09.16).

5.5 The Isle of Man Natural History and Antiquarian Society express concern that there is not an over-provision of parking for the site and would welcome a phasing plan, particularly as some of the parking is required for development which may be approved through another (development order) process. They are also concerned that the site definition excludes some of the former Nunnery estate and they would have preferred that this was included and clearly shown as Open Space (13.09.16).

ASSESSMENT 6.1 The key issue in this case is whether the proposed development has any adverse impact on the setting of the main buildings of interest on the site and whether there is any harmful impact on the existing trees or their ecological value and if there is, whether there are any material considerations which would outweigh these impacts.

6.2 The creation of car parking to serve the site is an essential element of whether the site will be able to succeed sufficiently to maintain this range of interesting and valuable buildings. Even were the applicant's current ideas for the site not to proceed for any reason, it is likely that due to the range and interest of the buildings on site, that their use for other purposes will result in the need for significant amounts of car parking to be provided. It is also critical that such car parking should not be visually or aurally intrusive on the rest of the site. As such, the concept of putting the car parking within the existing trees and generally hidden from view but within convenient walking distance, is supported.

6.3 It is vital that the scheme does not result in so many trees so as to undermine the character of the area as a woodland and to result in the parked vehicles being visible in the context of the main building particularly. What is proposed appears to be viable provided that the tree protection measures advised by DEFA Forestry are accorded with and that maintenance and new planting is undertaken. The provision of a new access from the entrance drive up to the parking area will create some visual impact but not particularly adverse.

6.4 The proposed phasing and provision of parking spaces will improve the existing situation and allow the additional vehicles which will be able to come to and from the site to do so in a safer and more convenient manner.

6.5 The scheme is recommended for approval.

PARTY STATUS

==== PAGE 7 ====

                                                 16/00678/B
                                 Page  7  of  10

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 Manx National Heritage and Highway Services of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture is the department in which the planning authority is situated and as such the Forestry and Biodiversity Officers should not be afforded interested person status in this case.

The Isle of Man Natural History and Antiquarian Society is not directly affected by the proposal and should not be afforded interested person status (specialist interest organisations are not generally considered to be directly affected by a development proposal although it should be noted that this organisation was afforded interested person status in respect of PA 16/00535/B for Port St. Mary Railway Station).

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 '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. No works or development shall take place until a detailed planting specification prepared in accordance with BS8545:2014 (Trees: from nursery to independence in the landscape) has been submitted to and approved in writing by the Department. The planting shall be carried out as approved.

Reason: To ensure that tree cover in area is maintained and that the trees planted successfully establish, grow with good vigour and cause minimal nuisance and conflict in the future.

==== PAGE 8 ====

                                                 16/00678/B
                                 Page  8  of  10

without having a detrimental impact on the trees to be retained, referring to the choice of surface materials to be used. The tree protection measures and AMS will 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.

Reason: To safeguard trees to be retained, maintaining tree cover and protecting the visual amenity value, heritage and biodiversity value of individual trees.

C 4. No works or development in the areas relating to the trees affected by the following works shall take place until a full schedule of pruning work, including the trees to be crown lifted around the edge of the proposed car park, has been submitted to and approved in writing by the Department. The schedule should include pruning specifications prepared in accordance with the recommendations of BS3998:2010 (Tree Work - Recommendations). The pruning shall be carried out as agreed.

C 5. The car park must be created in accordance with the phasing plan shown in drawing CP P-03A with the passing places shown in this drawing along with the advisory signage, provided as part of phase one. No development on the second phase may commence until such times as the Department has approved a transport plan which demonstrates that the accesses into and out of the site can safely and acceptably accommodate the traffic which may be generated by the proposed development on the site.

Reason: In the interests of highway safety.

C 6. 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 in accordance with the phasing. Any trees, shrubs or herbaceous perennials that have been planted as part of the landscaping scheme 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: The mitigation planting is an essential part of the development.

This approval relates to drawings CP P-01 and CP P-02 received on 15th June, 2016, CP P-03A received on 29th September, 2016, the Nunnery Proposed Car Park Lighting report received 15th June, 2016 and drawings PL404-02 and PL404-04 of Prescott Associates Tree Survey and Report received on 15th June, 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

==== PAGE 9 ====

                                                 16/00678/B
                                 Page  9  of  10

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

Presenting Officer : S Corlett

Officer’s Report

The Planning Committee approved the application at its meeting of 17th October, 2016 with a modification condition 5 to read:

The car park must be created in accordance with the phasing plan shown in drawing CP P-03A with the passing places shown in this drawing along with the advisory signage, provided as part of phase one. No development on the second phase may commence until such times as the Department has approved a transport plan which demonstrates that a safe and suitable access strategy can accommodate the traffic which may be generated by the proposed development on the site.

Reason: In the interests of highway safety.

Conditions of Approval

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. No works or development shall take place until a detailed planting specification prepared in accordance with BS8545:2014 (Trees: from nursery to independence in the landscape) has been

==== PAGE 10 ====

                                                 16/00678/B                                      Page  10  of  10

submitted to and approved in writing by the Department. The planting shall be carried out as approved.

Reason: To ensure that tree cover in area is maintained and that the trees planted successfully establish, grow with good vigour and cause minimal nuisance and conflict in the future.

C 3. No works or development shall take place until the protective fencing detailed in the Tree Survey Report prepared by Prescott Associates is installed in full in accordance with each phase of car park construction and an Arboricultural Method Statement ('AMS') has been submitted to and approved in writing by the Department. The AMS should demonstrate how construction activity within Root Protection Areas, identified in Prescott Associates drawing PL404-04, will take place without having a detrimental impact on the trees to be retained, referring to the choice of surface materials to be used. The tree protection measures and AMS will 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.

Reason: To safeguard trees to be retained, maintaining tree cover and protecting the visual amenity value, heritage and biodiversity value of individual trees.

C 5. The car park must be created in accordance with the phasing plan shown in drawing CP P-03A with the passing places shown in this drawing along with the advisory signage, provided as part of phase one. No development on the second phase may commence until such times as the Department has approved a transport plan which demonstrates that a safe and suitable access strategy can accommodate the traffic which may be generated by the proposed development on the site.

Reason: In the interests of highway safety.

Reason: The mitigation planting is an essential part of the development.