21 June 2019 · Planning Committee
The Lunch Box, 46, Duke Street, Douglas, Isle Of Man, IM1 2ax
The proposal involves demolishing run-down three-storey terraced properties currently used for retail/restaurant at ground/first floors and storage above, replacing them with a contemporary six-storey building featuring retail (Class 1 shops) on the lower two floors, 11 apartments (3x1-bed, 7x2-bed, 1x3-bed) on upper f…
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The officer concluded the principle of mixed retail/residential use accords with 'Shopping Use' zoning in Douglas Local Plan, Strategic Plan policies StP1/2/6/9/SP1/GP2/HP1/BP1/9/10, Central Douglas M…
General Policy 2
Requires development in zoning to respect site/surroundings in siting/layout/scale/form/design/landscaping, not harm townscape/amenity/highways/adjacent land. Assessed compliant as mixed uses fit 'Shopping Use' zoning, setbacks/vertical rhythm/design fits varied townscape, no residential amenity harm, parking/highways conditioned, minimal Villiers overshadowing (winter centre ~1hr more but subservient to approved 7-storey scheme), enhances poor existing.
Environment Policy 36
Development near Conservation Area only if no detrimental views in/out. Oblique/minimal views from Victoria St/Promenade CA; proposal enhances poor existing rear (flues/no windows/chimneys/signage/bins), superior design; would be screened by potential Villiers scheme.
Environment Policy 42 - character and need to adhere to local distinctiveness
New development to reflect locality character/identity. Varied heights/styles/materials (2-5 storeys, render/brick/stone/glazing) in area; proposal's brick/glazing/render/verticals/setbacks introduces contemporary interest fitting eclectic streetscene without dominating.
Support regeneration of run-down areas
Supports regeneration/reuse of sound fabric. Demolition accepted as buildings rundown/unviable (extensive repairs needed), regenerates underused site per DMP/TAPE aims.
Housing Policy 5
25% affordable for 8+ dwellings. 11 units require 2.75; S13 commuted sum agreed as leasehold apartments unsuitable for affordable (ground rents/service charges).
Transport Policy 7
Parking per Appendix 7 (19 spaces for apartments); 11 provided but relaxed for town centre PT (bus 30m/170m station), public parks nearby, peak residential demand off-peak town parking, no on-street pressure, conditioned details.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
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.
Basement parking provision
The development hereby approved shall not be occupied or operated until the basement parking and turning areas and car lift 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.
Residential parking retention
The basement garaging hereby approved shall at all times be made available for the parking of private motor vehicles(s) for the 11 residential apartments within this building and shall be retained available for such use. A minimum of one space per apartment is required to be allocated and retained thereafter for that apartment.
Bin storage
The development hereby approved shall not be occupied or operated until the bin storage has been provided in accordance with the approved plans. Such area shall not be used for any purpose other than the storage of bins associated with the development and shall remain free of obstruction for such use at all times.
Retail use only
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), the ground and first floors (shown as "retail" on approved plans) shall only be used as a "Shop" use as defined in Class 1, of Schedule 4 of the Order.
No future alterations
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, replacement windows/doors, enlargement or other alteration of the building(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Visibility splays
Prior to the commencement of the development a detailed plan showing the required visibility splays of 2.4m x 22m in a northern directions and 2m x 2m pedestrians visibility splays from the car park entrance is required to be submitted to and approved by the Department. The apartments shall not be occupied until those works have been completed in accordance with the approved plans and retained thereafter.
Cycle parking
Prior to the commencement of the development a detail plan showing the position, design and number of Cycle Parking within the site is required to be submitted to and approved by the Department, and this approved scheme is required to be provided in accordance with the approved plans prior to the occupation of any unit.
Doors not outwards to highway
No doors within the development shall open outwards into a highway.
Supports principle of redevelopment; after amendments to retail use and massing, fully supports proposal
No objection
Highway Services ultimately supported the application after amendments addressed initial concerns, subject to specific conditions; Manx Utilities and Douglas Corporation had no objection or support with recommendations; heritage and housing consultees raised concerns; a commercial representation opposed construction timing.
Key concern: proposed development inappropriate to site/setting and contrary to Environment Policy 42 (Isle of Man Natural History and Antiquarian Society)
Highway Services Division
Conditional No ObjectionHighways could support the application on that basis.; Highway Services does not oppose the application as the original highway issues raised were subsequently addressed by the additional information submitted by the applicant.; The proposed site access and parking arrangements are considered to be acceptable subject to the planning conditions stated in the decision notice.
Conditions requested: road markings scheme rather than new kerbs for car lift access via S109 and planning condition; The development hereby approved shall not be occupied or operated until the basement parking and turning areas and car lift 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.; The basement garaging hereby approved shall at all times be made available for the parking of private motor vehicles(s) for the 11 residential apartments within this building and shall be retained available for such use. A minimum of one space per apartment is required to be allocated and retained thereafter for that apartment.; Prior to the commencement of the development a detailed plan showing the required visibility splays of 2.4m x 22m in a northern direction and 2m x 2m pedestrian visibility splays from the car park entrance is required to be submitted to and approved by the Department. The apartments shall not be occupied until those works have been completed in accordance with the approved plans and retained thereafter.
Manx Utilities
Conditional No ObjectionManx Utilities Authority has assessed the above planning application and would like to advise you that the Authority has no objection to the application subject to the following condition/s
Conditions requested: There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to Manx Utilities. All drainage works must conform to the requirements of "Manx Sewers for Adoption"; applicant's Engineers discuss the required protection to these sewers with Manx Utilities prior to any construction works commencing
DOI Public Estates and Housing Division
Conditional No Objectionthe Department would request that consideration be given by the Planning committee to include a requirement, in respect of any approval granted for this site, for the applicant to enter into a Section 13 Agreement
Conditions requested: applicant to enter into a Section 13 Agreement with the Department to provide a Commuted Sum in lieu of Affordable Housing, based upon the usual calculation of 25% of the number of units approved within the application; Commuted Sum for 2.75 Affordable Housing Units
Isle of Man Natural History and Antiquarian Society
ObjectionIsle of Man Natural History and Antiquarian Society consider that the proposed development is inappropriate to the site and its setting.; The proposal would be contrary to Environment Policy 42
Conditions requested: floor plans or photographs of the existing building and interior are submitted as part of this application so that a full comparison may be made
Douglas Corporation
Supportthe Council wishes to support the principle of the redevelopment of the site.
Conditions requested: ground floor office use should be changed to retail use; further measures could be considered which would reduce the building's mass, including further stepping back of the upper levels on the Duke Street elevation; off-site car parking should be required for the office element of the development
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections to the listed application.
The original application by Duke Street Commercial Limited for demolition of existing buildings and erection of a six-storey mixed-use building with retail on lower floors, 11 residential units above, and basement parking was approved by the Planning Committee on 10 December 2018 (decision notice 21 June 2019) following a Section 13 legal agreement. Appellant Tevir Properties IOM Limited, owners of adjacent Villiers site, objected on grounds of inadequate consideration of their late submission, poor design/massing impacting conservation areas and their site, inadequate parking/car lift access, demolition impacts, and non-compliance with policies like GP2 and EP36. The Planning Authority defended the approval citing policy compliance, town centre location justifying parking relaxation, and positive visual/urban benefits. Inspector Brian J Sims conducted an independent assessment, found the design acceptable despite height, parking shortfall justified by location, no adverse impacts on conservation areas or amenity, and recommended dismissal. The Minister accepted the recommendation on 12 December 2019, upholding approval subject to original conditions.
Precedent Value
Demonstrates town centre developments can succeed with contemporary designs dominating local scale if high-quality and policy-compliant; parking shortfalls acceptable with evidence of sustainable location and controls; adjacent owners' access fears insufficient without substantive planning harm.
Inspector: Brian J Sims
