9 July 2019 · Planning Committee on 11.02.2019, decision notice issued by Director of Planning and Building Control
Land At Lord Street Car Park, Lord Street, Douglas, Isle Of Man, IM1 2bl
The proposal involves four interlinked 5-7 storey buildings on a 0.52ha brownfield car park and bus station site: a 7-screen cinema (7 storeys), multi-storey car park (6 storeys, 198 spaces), 80-room hotel (5 storeys), and 20 apartments above retail/restaurants (6 storeys), with bus stances on Lord Street, drop-offs, c…
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The proposal complies with Mixed Use town centre zoning in Douglas Local Plan and Draft Area Plan East Mixed Use Area 5 favouring tourism/leisure/hotel/entertainment with public transport/car park pro…
General Policy 2
Requires development respecting site/surroundings in siting/layout/scale/design/landscaping without adverse landscape/townscape/amenity/highway impacts. Officer assessed proposal compliant as town centre mixed uses with design fitting varied streetscenes, highway safe, amenity acceptable despite minor Albert Hotel impacts.
Strategic Policy 1
Best use of previously developed land utilising infrastructure. Brownfield car park redevelopment optimised site with services.
Strategic Policy 2 - Priority for new development to identified towns and villages
Development primarily in towns. Douglas town centre location appropriate.
Strategic Policy 6 - Major employment-generating development
Major employment in zoned centres. Leisure/hotel/retail create jobs.
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Retail in town centres. Class 1 retail appropriate.
Environment Policy 10 - Development and flood risk
Flood risk assessment/mitigation required. FRA with demountable defences approved.
Environment Policy 13 - Development and flood risk
No unacceptable flood risk. Mitigated.
Environmental Policy 22
No unacceptable pollution/amenity harm. Minor neighbour impacts acceptable.
Environment Policy 36
Development near Conservation Area not detrimentally affecting views. Some cinema massing harm to Douglas Hotel setting but outweighed by benefits.
Environment Policy 40
No damage to archaeology. EIA/DBA/GPR confirmed remains; programme condition.
Environment Policy 41
Archaeological evaluation prior to determination. Provided.
Environment Policy 42 - character and need to adhere to local distinctiveness
Design reflecting local character. Contemporary but fitting varied townscape.
Housing Policy 5
25% affordable for 8+ units. Waived via S13 for enhanced bus facilities of greater public benefit.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Vehicular access
The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.
Parking and turning
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.
Cycle/motorcycle parking
The development shall not be occupied or operated until the secure and covered bicycle store and/or motorcycling parking bays(s) have been provided in accordance with the approved plans. The secure and covered bicycle store and/or motorcycling parking bays shall be retained at all times thereafter.
Materials approval
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.
Refuse storage
Prior to the occupation of the development hereby approved, the refuse store(s) shall be provided in accordance with the approved plans and shall be permanently retained thereafter and solely for the purpose of refuse storage.
Archaeological programme
No development shall commence on site until a programme of archaeological work outlining the process of how archeologically findings will be reported to the Department and Manx National Heritage and how much findings will be recorded. The development shall not be carried out unless in accordance with the programme of archaeological work so approved.
Flood defences
No development shall commence on site until detailing of demountable flood defences or similar 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.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 no extension, enlargement or other alteration of the building/s hereby approved shall be carried out without prior written approval.
Landscaping scheme
No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved.
Apartment parking
At least one space per apartment shall be allocated to each apartment and shall be retained as such thereafter.
Bus shelters/laybys
The development hereby approved shall not be occupied or operated until the bus shelters and bus laybys have been laid out in accordance with details which have first been approved in writing by the Department.
Car park barrier
The car park barrier must not delay vehicle ingress by more than six seconds.
Construction management plan
No development shall take place, including any works of demolition, until a construction management plan or construction method statement has been submitted to and been approved in writing by the Planning & Building Control Department.
supports redevelopment, leisure facilities, public realm improvements, bus hub, jobs, commuted sum for housing
no objection subject to conditions after TA updates
commuted sum/public facilities via S13 acceptable
supportive of principle/regeneration despite concerns addressed by amendments
no objection, condition for archaeological programme
no objection, work with developer on flood defences
Highway Services initially recommended deferral due to multiple deficiencies in the Transport Assessment but later provided no objection subject to specific conditions; Manx Utilities had no objection to flood risk proposals with conditions for permanent defences and ground floor…
Key concern: inadequate Transport Assessment requiring deferral (initial Highways response)
Department of Infrastructure Highway Services
ObjectionThe current proposals cannot be afforded highway support due to a lack of information in the TA and proposals which are not sufficiently detailed and definitive.; Recommendation: DEFER
Conditions requested: planning condition to prevent retail units from food sales if non-food superstore TRICS used
Department of Infrastructure Highway Services
Conditional No ObjectionIf any results have been produced then these would need rerun with any changes made
Department of Infrastructure Highway Services
Conditional No Objectionanalysis periods and trips-ALL file interrogation issues; not all sites in traffic flows table; journey time discrepancies; unexpected queue lengths given journey times
Conditions requested: road safety audit update via S109A agreement; highway/traffic management improvements via S109A
Department of Infrastructure Highway Services
Conditional No ObjectionHighway Services do not oppose the proposed development.
Conditions requested: No development shall take place until a construction management plan submitted and approved; No part of development in use until vehicular parking provided and retained; No part of development in use until cycle parking provided and retained; No part of development in use until bus stands operational; Car park barrier must not delay ingress by more than six seconds
Manx Utilities
Conditional No ObjectionIn principle, the FR department have no objection
Conditions requested: only 'Less Vulnerable' uses on ground floor throughout lifetime; conditions to be agreed before construction commences; other departments (emergency services, Highways) review Flood Warning Plan
Manx Utilities
No Objectionwe have no further comments to issue; we will work with them to design the property level flood defence
Manx National Heritage
Conditional No ObjectionMNH would certainly not want to object to this development but a condition for a Desk-based archaeological assessment would probably help the developer target any potential problems.
Conditions requested: condition for Desk-based archaeological assessment
Precedent Value
This demonstrates strict enforcement of 'Interested Person Status' rules; third parties must engage during the initial application process to gain appeal standing. Future objectors should submit formal objections before committee decisions.
