Officer Report

Application No.: 13/91517/B Applicant: Dandara Homes Limited Proposal: Re-development of site with residential scheme of seventy three (reduced by amendment) apartments Site Address: Vacant Motor Garage/Sales Premises And Adjoining Land Between Wool Control Centre And 41 Peel Road Peel Road Douglas Isle Of Man IM1 4LX Case Officer : Mr Chris Balmer Photo Taken: 30.03.2015 Site Visit: 30.03.2015 Expected Decision Level: Officer Delegation

Officer’s Report

THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE DUE TO THE SCALE OF THE DEVELOPMENT

Please note the following report has been updated following the deferral of the application. Paragraphs 4.7, 4.11, 4.12, 6.19, 6.34, 6.35, 6.36, 6.37 & 6.38

1.0 THE SITE - 1.1 The site is the curtilage of the former Athol Garage car sales building which lies between the former wool control building (a stone building which sits to the south east of the Brown Bobby fuel filling station) and a terrace of three storey Victorian buildings which mostly accommodate apartments. The site has hard surfaced parking areas around the single building on the site which is of one storey and a typical basic flat roof with large areas of glazing.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the re-development of the site with a residential scheme of seventy three apartments in two detached buildings. The larger of the two buildings would be located along the northern elevation of the site, fronting onto Peel Road. This building would be seven storeys, although from Peel Road it would appear mainly as a five storey building. The two lower levels below Peel Road are proposed for parking. - 2.2 The building would have a total width of 60 metres, a depth of 15.4 metres and its height would range between 12 metres and 17.5 metres when measuring the Peel Road elevation. - 2.3 To the rear of the main proposed building is an additional detached seven storey building, although the two lower levels are mostly designated for parking and are below the ground level of the site. Accordingly, from Peel Road the building would also appear as a five storey building. - 2.4 Both buildings would be primarily finished in smooth render of different colours. The use of stone, brick and composite metal cladding is also proposed. The windows and doors would generally be finished in powder coated aluminium in a grey or similar colour.

- 3.0 PLANNING STATUS AND POLICY

3.1 The site lies within an area of Light Industry and Private Woodland on the Douglas Local Plan of 1998. It should be noted that the majority, if not all of the built development on the site is within the area designated as Light Industry. The western side of the site which is currently a wooded area is the section designated as Private Woodland. The site is not within a Conservation Area. - 3.2 Due to the site location, land use designation and the type of proposal, the following policies are relevant for consideration:- - 3.3 The Spatial Distribution Policies within the Strategic Plan set out the hierarchy of settlements, indicating that Douglas will remain the main employment and service centre for the island, with other towns as supporting service centres. - 3.4 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused 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(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.5 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.6 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;
• l) 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."

3.7 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value." - 3.8 Environment Policy 42 states: "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."
• 3.9 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9

and 10;

• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance

with Housing Policies 12, 13 and 14."

3.10 Housing Policy 5 states: "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." - 3.11 Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive." - 3.12 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 3.13 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users." - 3.14 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 3.15 Transport Policy 8 states: "The Department will require all applications for major development to be accompanied by a Transport Assessment. The current standards are set out in Appendix 7."

4.0 REPRESENTATIONS - 4.1 Douglas Borough Council initially raised no objection (received on 13th January 2014); however, more recently an objection has been received (26th May 2015) stating that the proposed development would be an over intensive use of the site, and that the proposals contain inadequate parking provision. - 4.2 Highway Services have no objection (received on 27.01.2014) to the application and make the following comments: "This application meets the required car parking standard, and while there is an increase in number of apartments over the approval in principle the increase is not so great as to cause a highways safety or capacity problem for the existing road network." - 4.3 Manx Utilities Authority - Electricity make no comments on the merits of the application but ask for an informative note be attached to any approval (received on 30.01.2014). - 4.4 EPU & Public Health make no comment on the merits of the application but comment that the flats should meet with the requirements of the Housing Regulations Act (received on 13.01.2014).

4.5 Department of Environment, Food and Agriculture - Fisheries Division make the following comments (received on 07.01.2014): "Form received and no objection to the proposal providing there is no detrimental impact on the watercourse." - 4.6 Housing Division make the following comments (received on 03.01.14 and 14.07.15): "Further to your memorandum of the 30th December 2013, I have looked at the above application and I have considered the provision of the 25% affordable housing.

There is a continued need for affordable housing around the Island and in Douglas in particular. For example there are currently 438 persons listed on the First Time Buyer Register with a preference for the Douglas Area. At present there are no new projects for new affordable housing in Douglas planned. The Department therefore wish that a contribution be made to affordable housing by this development in accordance with Housing Policy 5 of the Strategic Plan.

In this scheme 74 dwellings are proposed and therefore 25% or 18 of them should provide a contribution for affordable housing, (74x25% = 18.5 say 18). The Department would accept the proposal that the dwellings could be commuted to another nearby site subject to a concurrent planning approval being granted for the other site, or dwellings provided within this development. The dwellings would be required to meet the standard for 'approved' dwellings under the House Purchase Assistance Scheme. This could be the subject of a Section 13 Agreement with the Developer if the Committee is minded to approve the application."

4.7 Further to the above comments the Housing Division have provided further comments (received on 14.07.15): "The Divisions position has not changed since the original comments submitted by Mr Halliwell in

1. Douglas remains the area of highest demand for FTB assistance."

4.8 It should be noted since the above comments were received; the number of units has been reduced from 74 to 73. - 4.9 Department of Environment, Food and Agriculture - Director Of Forestry, Amenity & Lands Directorate makes the following comments (received on 22.01.2014): "I would say that there is really not a problem with the few trees which the applicant wishes to remove. These are not in the best of condition. Their loss should be offset by the new proposed landscaping. With regard to the much larger trees to be retained I would just have two reservations:

• 1. Potential damage to the root systems of the trees nearest the car parking spaces (trees 6,7,8,9 and 11). It would be important to construct the car parking spaces in this area in a way that doesn't compact the root zone (as defined by the drip line of the trees) and that materials used are such as to allow air and water to reach the roots.
• 2. The only other concern I have is that a substantial number of trees stand on the south side of and in close proximity to parts of the proposed apartment buildings. There could be a tendency for new residents to apply to remove or prune trees owing to both their close proximity to the building (especially in times of high winds in winter) and their tendency to cast shade (in summer). Trees 14 are between 40 and 65 ft according to the survey provided by Lezayre Landscapes and trees 19 25 between 20 and 60 ft."

4.10 Manx Utilities Authority - Water make no comments on the merits of the application but ask for an informative note be attached to any approval (received on 16.01.2014).

4.11 Mr Chris Thomas MHK for Douglas West (Member Department of Home Affairs & Member Department of Infrastructure) makes the following comments (received on 29.06.15 & 02.07.15) : I believe the Wool Centre next door to the site was proposed for Registration and no light has been shone on this process or the findings; The site was Hermitage for the Nunnery I believe and is potentially well connected into the Open Space of the Nunnery and such routes could be reconnected Upper Douglas, Lower Douglas, NSC and Quarterbridge and the site is a crucial point in this; The 1998 Douglas Local Plan Written Statement indicates that it has been demonstrated that it is feasible to create a link road between Peel Road and Bank's Circus; The Written Statement includes a recommendation that a commitment be made for a new road from Peel Road through Hill's Meadow and the coal yard to link with Bank's Circus; this may give opportunity to build more housing along this south-facing with brilliant access and improve things for existing houses along this part of Peel Road; Not aware of any recent contact with the Housing Division since January 2014 and seek an update form them; Central Douglas Parking is now also more of an issue, and policy is being developed; and it might emerge that the Peel Road conversions are not the best use of these buildings and this proposed 5 storey building dwarfs those around it and will dominate the views from below and alongside. - 4.12 Department of Infrastructure - Director of Highway Services makes the following comments (received on 05.08.15): "I can confirm that we have no plans to create this access route. The Masterplan route is probably more likely, but again we currently do not have any plans for this."

5.0 PLANNING HISTORY - 5.1 The previous planning applications are considered relevant in the assessment and determination of this application: - 5.2 Removal of walls and glazed screens to rear of building in order to create internal and external temporary car parking for a period of four years - 15/00302/B - APPROVED - 5.3 Approval in principle to re-develop site for residential purposes - 11/00724/A - APPROVED - 5.4 Approval in principle to re-develop site with office building and associated parking 11/00723/A - APPROVED - 5.5 Creation of a temporary car park - 09/00198/B - APPROVED - 5.6 Redevelopment of existing garage showroom to include new showroom, forecourt and additional storey to building - 97/01480/B - APPROVED - 5.7 Approval in principle for building adjoining existing showroom to be used as a used car showroom, and existing showroom to be rebuilt as a new car showroom - 96/01909/A - APPROVED

6.0 ASSESSMENT - 6.1 The following Material Planning Issues should be considered:

• 1. Principle of Residential Development;
• 2. Character and appearance;
• 3. Parking Provisions & Highway Issues;
• 4. Loss of trees/tree protection;
• 5. Potential Impacts upon Neighbouring Residential Amenity;
• 6. Potential Legal Agreements; and
• 7. Potential Impact upon Wool Centre building.

Principle of Residential Development

6.2 As indicated previously, the site is designated for light industrial use and therefore the proposed development is not compatible with the land use zoning of the area. However, it should

• be noted that the un-adopted written statement to the Douglas Local Plan, in paragraph 8.14, states that "Within the central area of the town there exist pockets of industrial use which could well be relocated in order to free up development area with potential for better and more appropriate use, in particular residential. Such existing industrial uses in the central area of the town will therefore be encouraged to relocate".
• 6.3 It is also important to note the previous approvals (11/00723/A & 11/00724/A) which allowed the principle to re-develop site for residential purposes or office uses, i.e. neither use were compatible with the current land use designation. Whilst both of these applications have now expired, there have been no changes to planning policy, neither has a new local plan been adopted. Accordingly, weight is attached to these approvals.
• 6.4 Whilst the proposed use of the land for residential purposes does not accord with the landuse zoning on the Local Plan, it nevertheless accords with the Planning Directorates recent practice in respect of other similarly zoned land in the immediate area, and with the Directorate's general policy of encouraging residential development within the central areas of our towns. Furthermore, the existing buildings and site were last used as a car showroom and are unlikely to be used for light industrial purposes in the future. The site is also adjacent to residential properties and a nonresidential use could have arguably greater impact upon neighbouring properties. It is considered the principle of developing the site for an alternative use, i.e. residential, to be acceptable in this locality; however, there are other material considerations to be taken into account in order to determine whether the proposed development is acceptable. Character and appearance
• 6.5 The proposed building would be apparent from a number of publicly viewable locations. The main views would be from Peel Road and from Circular Road.
• 6.6 The proposed buildings would be standalone structures detached from neighbouring properties. However, they would be read in conjunction with the existing traditional terraced properties and the former wool control building. Due to this, it is important to ensure the new proposal respects the proportion, form, design and appearance of the existing terraced properties. Visiting the area it was evident that the neighbouring property Nr 41 Peel Road is located to the southeast of the main apartment building. Nr 41 is also the last property which forms part of the traditional Victorian terrace along the same side of Peel Road. These properties are mainly three storeys in height; however, the two closest properties Nr 41 and Nr 39 are fours storeys in height, namely due to flush flat roof dormer windows being installed, giving a four storey appearance. There are also other properties which have had dormer extensions undertaken within this terrace. To the northwest of the site is the former wool control building which is large detached stone building, having the appearance of a two storey building.
• 6.7 Opposite the site are further terraced properties, which are categorised by three and half storey properties (Nrs 28 to 36) with the half storey created by an original flush dormer window to the front elevation, which adds to the attractiveness and quality of the buildings and street scene. Within the same terrace there are other examples of differing design, one being Analyst House which is an example of a more contemporary designed office building. This has similar proportions and form, including the same eves detail and similar bay windows of the original terraced buildings, but the use of large expanses of glazing (i.e. floor to ceiling) results in a more contemporary design, although retaining the similar proportions and form of the existing terrace.
• 6.8 The proposed building when viewed from Peel Road would mainly appear as a five storey building albeit, the main building is flanked at each gable with a four storey winged building to help reduce the massing and scale of the proposal. The submission also includes a vertical emphasis with the inclusion of vertically proportion widows and vertical projecting square bay windows. The design is more contemporary in design and would certainly appear as a different design approach along this section of Peel Road.

6.9 It should be noted that a different design approach from the traditional Victorian style, has been previously accepted on the nearby site of Allen Bank site (corner of Peel Road and Circular Road) which approved 52 apartments (06/01098/B). This again was contemporary in approach. - 6.10 In relation to the height, mass and scale of the proposals, namely the main block fronting onto Peel Road, it is perhaps important to note that the proposal would be sited 16.5 metres from the gable elevation of Nr 41. This would ensure a sizeable space between new and old and gives a clear break within the street scene. Whilst the buildings is mainly rectangular in shape and sizeable in mass, the uses of the projecting bay windows, a variety of finishes, including Manx Stone to the majority of the ground floors where they meet Peel Road and the use of different colours all help to reduce the overall impact of the building. - 6.11 The vertical emphasis created by the vertically proportioned windows, bay windows and painted finishes, all help to create the appearance of individual terraced properties, rather than one block of apartments. Accordingly, due to these design features the building is generally well broken, creating a variety of terraces, and helping to reduce the overall mass of the building. - 6.12 It is also noted, that whilst the existing building on the site is smaller in scale, being single storey when viewed from Peel Road, it is not considered in keeping with the area and certainly does not add to the character of the area or street scene. - 6.13 Overall, whilst the proposed design is more contemporary in approach, the height, mass and scale of the proposal would be appropriate and in keeping with the properties in the street scene and consequently it is considered the proposal would comply with General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan. Parking Provisions & Highway Issues - 6.14 As identified within Appendix 7 of the Isle of Man Strategic Plan, one off road parking space is required for a one bedroom unit and two spaces are required for two or more bedroomed units. In this case the proposal is for 73 apartments, 27 two bedroom apartments, with the remaining 46 units being one bedroom apartments. Accordingly, a total of 100 spaces are required on site by this proposal to accord with Appendix 7. - 6.15 This submission proposes a total of 73 car parking spaces (i.e. one space per apartment) and 4 cycle/motorcycle parking spaces. Therefore it could be considered contrary to the Isle of Man Strategic Plan and therefore refused on these grounds. However, it is important to note that Appendix 7 includes possible reasons to allow a relaxation of the parking standards. One of these reasons paragraph (d), indicates that if a site is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality, then a relaxation may be made. - 6.16 The site has good pedestrian links to Douglas centre and local services/ shops. Furthermore, the site is adjacent to a principle bus route. - 6.17 Highway Services have considered the scheme, which includes a detailed Transport Assessment, and have raised no objection to the amount of parking provision provided or concerns of the entrance/exit from the site. - 6.18 Overall, whilst the amount of parking spaces is below the generally required level, it is considered give the sites central location within Douglas, good pedestrian links, good public transport links, within walking distance of services, shops and employments areas and as each apartment would have a parking space (condition of approval), the proposal would be acceptable and would be a sustainable development within Douglas. - 6.19 Comments have been made in relation to the 1998 Douglas Local Plan Written Statement, which recommended that a commitment be made for a new road from Peel Road through Hill's

Meadow and the coal yard to link with Bank's Circus. The Department Of Infrastructure confirm there are no plans for this to be undertaken at this time. It should also be noted that the 1998 Douglas Local Plan Written Statement was never adopted. Only the plans of the 1998 Douglas Local Plan were adopted. Notwithstanding this, the any future proposal to create a new access road from Peel Road through Hill's Meadow (Industrial Park) and the coal yard to link with Bank's Circus could still be undertaken whether this current proposal was developed or not.

Loss of trees/tree protection

6.19 The proposal does include the removal of thirteen trees on the site. This number was initially seven trees. However, concern was raised by the Forestry Division that given the closeness of some of the trees to the apartment buildings, this could lead to persons seeking the trees to be felled in the future due to loss of amenities/health and safety concerns or during construction of the apartments. There was also concern by the Planning Directorate of the potential impact upon future occupants (light/outlook) given the proximity of some of the trees. Concerns were raised with the Forestry Division as to whether the trees proposed for felling would raise concern. They indicated that: "All these trees form part of a registered tree area which means the area (as a whole) is deemed to have a high amenity value. This proposal would certainly lead to tree cover in the area being reduced and probably eroded further over time. I think we can only state what the impact would be. It's up to planning to decide whether, all things considered, this is 'acceptable'." - 6.20 The trees proposed for removal essentially run along the boundaries of the existing woodland area, with the majority of trees being retained. Accordingly, whilst the proposal would result in the loss of some trees, it is not considered the woodland area as a whole would be significantly affected and that the amenity value would still be retained. It is also noted that landscaping is proposed to the southern part of the site. - 6.21 A tree protection scheme has also been provided to protect the existing trees proposed for retention. A condition should be attached to ensure this is undertaken. Potential Impacts upon Neighbouring Residential Amenities - 6.22 The properties that may potentially be affected by the development would be the properties opposite the site, Nrs 38 to 30 Peel Road, which appear to mainly accommodate a number of residential flats. The potential impacts mainly relate to the proposal having a potential overbearing impact upon the outlook, loss of light and/or overlooking resulting in a loss of privacy. - 6.23 The proposed main apartment building would be located between 16.8 metres and 19.5 metres away from the front elevations of these properties. Whilst these are below the generally accepted 20 metre guideline, for directly facing windows, consideration is given the site is within a town centre where generally terraced properties do not meet this standard. Furthermore, other properties along Peel Road have similar relation to each other. Overall, it is considered the distances would be appropriate on this site ensuring potential overlooking would be insufficient to warrant a refusal on these grounds. - 6.24 It is also considered there would be a potential for some overshadowing to the ground floor rooms/apartments of these neighbouring properties. However, due to the relationship between the proposed and existing buildings and the sun orientation, the periods of light lost would be from late afternoon and not for prolong periods of time throughout the day. Accordingly, it is considered the potential impact through overshadowing would not be sufficient to warrant a refusal. - 6.25 The outlook from these neighbouring properties will change. Currently, they have views of the former car showroom. The upper floors have views over the showroom building to the trees and hills beyond. The views from the upper floors will be most affected by the development, as views to the trees behind the car show room and the hills beyond would likely be screened. Views from the ground and potentially first floors would likely remain as existing i.e. built development. In terms of the upper floors in planning terms there is 'no right to a view'. The issue is therefore is the

• height and mass of the building such, that it has an overbearing impact upon the existing occupants. Whilst there will be a difference, it is considered the distances between the proposals and existing, would ensure the overbearing impacts would not be so significant to warrant a refusal.
• 6.26 It is perhaps important to note that permission has been granted to convert a number of the former terraced townhouses into a number of apartments along Peel Road. These all have similar outlooks to those of the existing occupants of the properties opposite the proposed development would have, and such views where previously considered acceptable in terms of outlook.
• 6.27 Overall, it is considered whilst the proposed development would have an impact upon neighbouring amenities, it is not considered the impacts would be so significant to refuse the application on these grounds. It is also noted no objections have been received by any neighbouring property in the area. The proposal therefore complies with General Policy 2. Potential Amenities for further occupants
• 6.28 Careful consideration has been given to the potential amenities for the occupants of the new apartments, especially those to the rear of the site who have views towards the woodland to the rear. The initial plan raised concern that the closeness of some of the trees to the widows of the apartments would make the apartments very dark with little outlook, especially during spring/summer periods. Due to this and in agreement with the Forestry Division the trees which raised most concern are proposed to be removed. As indicated previously, this is considered acceptable. Whilst some of the apartments to the rear will have outlooks to nearby trees, some will appear to be within the canopies of the trees, and any prospective purchasers will be well aware of this. It is not considered this would be unattractive, in fact arguably the reverse to some people, but clearly some apartments may have less direct sunlight light. Overall, it is considered the proposed apartments would have pleasant outlooks from the principal rooms and be provided with an acceptable level of amenity.
• 6.29 It is proposed each apartment would have its own parking space within the site. All apartments are served by lifts and bin stores are communal, located within the basement levels.
• 6.30 Overall, it is considered the level amenities for each apartment would be acceptable, and comply with General Policy 2. Potential Legal Agreements
• 6.31 There are potentially two Section 13 Legal Agreements which would need to be agreed and entered into by the Planning and Building Control Directorate and the Applicant, these relate to provision of both affordable housing and public open space.
• 6.32 In terms of the affordable housing provision, as indicated within Housing Policy 5 the Planning and Building Control Directorate 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. Due to this a total of 18 units of the total 73 apartments would need to be affordable.
• 6.33 In terms of open space provision it is considered a total of 3936 sqm of open space would need to be provided. The Isle of Man Strategic Plan indicates that the preference is for open space to be provided on the site of the development. This case, as with most cases for apartment developments, it is not considered possible or reasonable for the open space to be provided on this site. The next available option is for the space to be provided nearby if possible. The third option is to provide a commuted sum to the Local Authority for them to use either providing a new facility and/or use on existing facilities (upkeep/upgrading etc). Accordingly, it is recommended that a further Section 13 Agreement be provided seeking a commuted sum towards the open space provision.
• 6.34 One potential option for the use of any commuted sum payment, would be the re-opening of a former footpath (potentially private footpath for the family of the Nunnery which ran from the

• Nunnery to St George's Church & Douglas) which runs from the south-eastern corner of the site, down the hillside towards the Nunnery. There are a number of issues which would need to be addressed; firstly there are a number of different land owners between the application site and the Nunnery who would all need to agree; second a new pedestrian bridge would need to be created over the Steam Railway Line; and thirdly the footbridge over the Douglas River would need to be repaired/upgraded. It should be noted that if the current application under consideration is approved, this would not prevent this route from being achieved; albeit the current applicants, as with other third parties, would need to be in agreement for their land to be used for pedestrian access.
• 6.35 Accordingly, with any commuted sum payment received, the option indicated above could potentially take advantage of the payment; however, it should be noted there may be other ways for any commuted sum payment to be spent and as suggested above, discussions with the Local Authority will need to be made.

Potential Impact upon Wool Centre building

6.36 The proposed building would be located immediately to the south east of the Wool Centre building, which has the appearance of a two storey stone workshop building. The Wool Centre building was recently considered for registration by the Planning Directorate potentially due to its historical interest because of its military associations and use since 1896 and also due to its architectural interest in terms of its construction and that it is unique on the island. Whilst it was accepted by the Planning Directorate that the property has some historic interest given it was the first purpose built Drill Hall on the island; it was not considered that this was sufficient reason to Register the building. - 6.37 In relation to the potential impact of the proposed development upon the Wool Centre building, consideration was given, especially when initial scheme was submitted and included a five storey building immediately adjacent to the Wool Centre building. Following discussions, including the then Conservation Officer, it was agreed that the north-western section of the new apartment building would be reduced by a storey, which essentially provides a step effect between the main five storey apartment building and the Wool Centre building. It should also be noted that the main elevation of the apartment building is setback 3 metres from the front elevation of the Wool Centre building and from the footpath. There can be no doubt that the proposal will not have an impact upon the Wool Centre building, given its height, proximity and positioning. However, the current building and use of the site could also be argued to impact upon the appearance of the Wool Centre building currently. It is also noted that the south-east gable wall of the Wool Centre building, the majority of which would be screened by the new development, is not the most attractive or beneficial to the visual amenities of the building or street scene, given it has been rendered in the past, whilst the remainder of the building is Manx stone. - 6.38 Overall, whilst there will be an impact upon the Wool Centre building; for the reasons indicated above, it is considered the proposal would not have a significant impact upon the Wool Centre building, which would in the main still retain its character and appearance within the street scene.

7.0 RECOMMENDATION - 7.1 For the reasons stated in this report, the application is recommended for an approval subject to Section 13 Legal Agreement being agreed and entered into.

8.0 PARTY STATUS - 8.1 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;
• (d) The Highways Division of the Department of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: Department of Environment, Food and Agriculture - Director Of Forestry, Amenity & Lands Directorate Department of Environment, Food and Agriculture - Fisheries Division Department Of Social Care - Housing - 8.3 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: Manx Utilities Authority - Electricity Manx Utilities Authority - Water EPU & Public Health. Mr Chris Thomas MHK for Douglas West

Recommendation Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 17.06.2015

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 development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

- C 3.

The development shall not be occupied or operated until the bicycle store and motorcycling parking bays have been provided in accordance with the approved plans. The bicycle store and motorcycling parking bays shall be retained at all times thereafter.

Reason: To promote sustainable travel in the interests of reducing pollution and congestion.

• C 4. Each apartment shall be allocated one of the car parking spaces and the space will be available only for the parking of a private vehicle associated with that apartment. Reason: to ensure adequate car parking standard for the scheme.
• C 5. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) as shown on drawing A/PL 008 REV H and in compliance with the submitted tree protection measures as indicated within the applicants "Updated Planning Statement

• Amended Scheme, April 2014" written statement. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

• C 6. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 7. No development shall commence until details of the colour and texture of the render have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 8. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of the roadside landscaping adjacent to Peel Road, within and around the car park areas and to the south-western corner of the site. 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 or the occupation of the last apartment, whichever is the sooner. Any trees or plants 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: To ensure the provision of an appropriate landscape setting to the development.

This approval relates to drawings reference numbers A/PL 000 REV I, A/PL 001 REV H, A/PL 002 REV H, A/PL 003 REV H, A/PL 004 REV G, A/PL 005 REV H, A/PL 008 REV H, A/PL 009 REV H, "Updated Planning Statement - Amended Scheme, April 2014", "Updated Transport Assessment April 2014", received on 8th April 2015 and 22nd April 2015.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 2/6/17 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control The Planning Committee determined to accept the officer recommendation at its public sitting September 7th 2015.

The delays were further reported to the members at its meeting 28th November 2016 Finally the decision was signed off under authority delegated to the Director

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