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18/01272/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/01272/B Applicant : Department Of Infrastructure Proposal : Creation of a temporary works compound to be used for the Douglas Promenade Refurbishment Site Address : Part Of Summerland Site King Edward Road Douglas Isle Of Man
Planning Officer: Mr Owen Gore Photo Taken : 22.01.2019 Site Visit : 22.01.2019 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.01.2019 __
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 use hereby approved shall be for a limited period of 2 years (104 weeks) from the date of this approval and on (or before) the expiry of this approval the use shall be discontinued and the land restored to its former condition.
Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need.
Plans/Drawings/Information;
This planning permission relates to the following plans and documents: -
Covering Letter Drawing No.HW3523/PL-1000 Date-stamped as having been received 03 December 2018 Email dated 05 December 2018
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Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL IS NOT IN ACCORDANCE WITH THE LAND USE ZONING AND IS THEREFORE A DEPARTURE FROM THE DEVELOPMENT PLAN
THE SITE 1.1 The application site is the area beneath the derelict Summerland site, on the northern side of the King Edward Road, between the Terminus Tavern and the Manx Electric Railway Depot. The site is within the Douglas Promenade Conservation Area.
THE PROPOSAL 2.1 The proposal is to use part of the site for a as a temporary compound to be used for the Douglas Promenade refurbishment. The site has existing vehicle access and hardstanding; the proposal will include the siting of five port-a-cabins, an area for material storage and vehicle parking. The use is focused in the eastern part of the site.
PLANNING POLICY 3.1 The site is shown on the Douglas Local Plan Order 1998 map No.3 as being within the local plan area and is designated as Tourist Accommodation and Leisure.
3.2 Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead unacceptable environmental pollution or disturbance."
3.3 General Policy 2 applies to proposals that are in accordance with the land-use zoning and states that development will normally be permitted where it: -
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (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 unacceptable effect on road safety or traffic flows on the local highways;
3.4 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
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3.5 Transport Policy 3 states: "New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes."
3.6 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
3.7 Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) - Policy CA/2 - Special Planning Considerations states:
"When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.
Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."
PLANNING HISTORY 4.1 The following, previous planning applications are considered to be specifically material in the assessment of the current application: -
o 16/01365/B - Erection of temporary horse tram facility including tram shed, stables, staff welfare facilities, parking and new vehicular access - Approved on a temporary five year period.
o 17/01067/B - Erection of temporary facility to provide stabling for tram horses, comprising a stable building, hay store, staff and welfare facilities and parking for a period of 5 years - Refused at appeal
o 18/00003/B - Re-construction and repositioning of highways and footways on Loch and Harris Promenades, including associated street furniture and the upgrading and refurbishment of all drainage and statutory service infrastructure. Works to include replacement of horse tramway double track with single track in a zone on the seaward side of the new highway alignment. Approved
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 At the time of writing no representation has been received from the Department of Infrastructure (DOI) Highways Division.
5.2 Douglas Borough Council have commented on this application and stated that they do not object, in the letter dated 20 December 2018.
ASSESSMENT 6.1 The main issues to consider in the assessment of the application are whether the proposed use on this site is acceptable and potential impacts upon the street scene and Conservation Area.
PRINCIPLE OF THE PROPOSED USE ON THIS SITE
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6.2 The site is currently vacant hardstanding. The proposed use is to service the wider regeneration scheme being carried out for the Douglas promenade and would normally fall within the Town and Country Planning (Permitted Development)(Temporary Use or Development) Order 2015 under Schedule 1 - 'Planning Approval For Certain Development', Class A - 'Permitted Development for operations in connection with another development that has been granted approval following an application to the Department or the Department of Environment, Food and Agriculture'.
6.3 Under the order the provision on land of buildings, moveable structures, works, plant or machinery required temporarily is permitted to implement certain planning approvals, provided they meet the conditions; the conditions require the period to be less than 24 months after its initial erection or installation and within 12 months of its removal the land must be - (1) Restored to its condition before the development was carried out; or (2) Laid out in accordance with the approved plans related to the grant of planning approval'.
6.4 However under part 4 of the order it states that 'Planning approval is granted for development of a class specified in Schedule 1 on any land, other than land within a conservation area, subject to any condition specified in that Schedule'. Therefore planning permission is required.
6.5 The applicant has stated in their email dated 05 December 2018, that the site is required for a temporary period for 'up to but no longer than 100 weeks'. The use is of reasonably low density and only includes temporary structures and the storage of new materials on pallets. The site has been vacant for over a decade with no current planning permissions in place for its re-development. Accordingly, it is considered in the short term the proposed use would be an appropriate use of the site.
POTENTIAL IMPACT UPON THE STREET SCENE AND CONSERVATION AREA 6.6 This policy indicates that development within Conservation Areas will only be permitted if they would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. However the temporary nature of the proposal and the link to the implementation of a specific planning permission is a material consideration in this instance.
6.7 Accordingly, if it was proposed that the site be used as such, or similarly, on a permanent basis or if it were a general use not associated with any particular development, then the Department would have serious concerns relating to the appearance of the site, which would not be appropriate within the street scene nor would it preserve or enhance the Conservation Area, as required to do so. However, given the temporary period the planning application seeks (max 2 years) it is perhaps a more pragmatic approach to take into account the short term nature and to allow the use of the site on this basis.
CONCLUSION 7.1 Therefore it is considered that the planning application is in accordance with General Policy 2, Environment Policies 22 & 35 of the Isle of Man Strategic Plan 2016 and the Douglas Local Plan, and it is therefore recommended that the planning application be approved.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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) Highway Services Division of Department of Infrastructure and
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(e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __
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:...11.02.2019
Signed :...O GORE... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 11.02.2019
Application No. :
18/01272/B Applicant : Department Of Infrastructure Proposal : Creation of a temporary works compound to be used for the Douglas Promenade Refurbishment Site Address : Part Of Summerland Site King Edward Road Douglas Isle Of Man
Planning Officer : Mr Owen Gore Presenting Officer As above
Addendum to the Officer’s Report
Committee agreed to remove condition 1 as per the officer recommendation.
Copyright in submitted documents remains with their authors. Request removal