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18/01142/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/01142/B Applicant : The International Centre For Technology Ltd Proposal : Erection of a temporary multi-purpose building for a three year period Site Address : Former Swimming Pool Site The Nunnery Old Castletown Road Douglas Isle Of Man IM2 1QB
Planning Officer: Mr Owen Gore Photo Taken : 20.09.2018 Site Visit : 20.09.2018 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.04.2019 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The use hereby approved shall be for a limited period of 3 years from the date of this approval and on (or before) the expiry of this approval the use shall be discontinued and the temporary building removed from the site.
Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need.
C 2. The accommodation hereby approved may not be operational until such times as there are in place 95 additional parking spaces within the site, either in accordance with the scheme proposed under PA 16/00678/B or an alternative scheme.
Reason: To ensure that there are available to users of the site adequate car parking facilities in a convenient location.
C 3. No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with British Standard BS5837:2012: Trees in Relation to Design, Demolition and Construction - recommendations) has been approved in writing by the Department. The tree protection plan and arboricultural method statement must 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. The protection measures must be carried out as
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described and approved. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.
Reason: To ensure that those trees which are shown to be retained and which contribute to the character and appearance of the site, are retained in the short and longer term.
C 4. No site clearance, site preparatory work or development shall take place until a landscaping scheme which shows how hard surfaces and changes to existing ground levels will be implemented without having a detrimental impact on existing mature trees has been approved by the Department. The landscaping shall be carried out as described and approved.
Reason: To ensure that the development does not adversely affect existing trees on site which are shown to be retained and which contribute positively to the site.
C 5. 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. Any trees, shrubs or herbaceous perennials that have been planted as part of the landscaping scheme approved under condition 4 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: Landscaping is an integral part of the site and key to the success of its development.
Plans/Drawings/Information;
This planning permission relates to the following plans and documents: -
Planning Statement Drawing No.P-01 - Location Plan and Site Plan as Existing Drawing No.P-02 - Proposed Site Plan Drawing No.P-03 - Proposed Floor Plans/ Elevations and Typical Section Date-stamped as having been received 31 October 2018
Highways Response Received by email 31 January 2019. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PROPOSAL BEING A DEPARTURE FROM THE LAND DESIGNATION.
0.0 The exception included within part 3 (1) of the DEFA Standing Order No.2018/01 regarding the previous approval of applications of a similar nature is considered not to be applicable in this instance due to the extent of the differences between planning permission ref: - 16/00865/B and the current proposal.
THE SITE
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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.
1.2 The application site includes the main entrance from Old Castletown Road to the south west of the site, including the vehicular access up to the new parking area that was the subject of planning permission 16/00678/B; the car parking area directly behind (north) of the main Nunnery building; the internal access road to the north of the main building; and the site of the proposal. The remainder of the site to the west and east of the main building is shown as other land that the applicant owns.
1.3 The site as a whole and the buildings within the estate are currently on the list for potential registration; however as yet, no such Registration has been proposed by the Department.
1.4 The former swimming pool was constructed in the 1990's and was described in the previous approved planning permission ref: - 16/00865/B as 'a functional building with wide span roof finished slate with rooflights and with rendered and blockwork walling. Pedestrian access is from all directions including from the main building via a curved staircase. Alongside the building there is an area of grass, flat with some brick walling and trees overhanging the site. There are also some trees and shrubs within the site'. However this building has since been demolished.
THE PROPOSAL 2.1 The proposal is to erect a temporary, semi-permanent, multi-purpose building for a three year period. The applicant has described the building as follows: -
'The structure is a steel and aluminium framed structure with PVC coated polyester fabric to upper walls and roof. The windows and doors are aluminium framed and double glazed. The structures require no groundworks or foundations and can be erected directly onto existing hardstanding, which we plan to pave to create a smoother and more level surface'.
2.2 Significant hardstanding will be created along with seating areas, water features and soft landscaping; external works are similar to the previous planning permission ref: - 16/00865/B. The use of the building is to provide a function/conference space on a temporary basis to 'determine commercial sustainability of the new multi-purpose building'.
2.3 Vehicular access will remain through the existing entrance from the estate road alongside a new entrance but this will be available only for deliveries and disabled persons, motorbike and cycle parking. Two additional disabled parking spaces will be introduced at the entrance of the immediate site; otherwise parking will be located within the existing facilities of the wider site.
PLANNING POLICY 3.1 The site is shown on the Douglas Local Plan Order 1998 map No.2 as being within the local plan area. 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.
3.2 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. As the site is not designated for development, there is also a presumption against development as set out in
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General Policy 3. This includes provision for the redevelopment of previously developed land as follows:
c) previously developed land which contains a significant amount of buildings; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment.
3.3 The emerging Area Plan for the East Draft Proposals Map 4 (Douglas) shows the application site designated as 'Buildings or Land for Civic, Cultural or other use' and the adjacent lawns and gardens of the site as 'Open Space'.
PLANNING HISTORY 4.1 The following planning permissions are considered to be specifically material in the assessment of the current application: -
o 18/00865/B - Erection of projection facility dome and weatherproof enclosure within central courtyard (retrospective) Approved 15.10.2018
o 16/00865/B - Demolition of existing swimming pool building and out-buildings and erection of a multi-purpose building with associated soft and hard landscaping - Approved 17.10.2016
o 16/00678/B - 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 - Approved 17.10.2016
o 10/00194/B - creation of a car parking area together with access roadway, footpaths and associated lighting - Approved 29.04.2010
o 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 09.01.2004
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they oppose the development, in the letter dated 20 December 2018. The comments continue: -
There would be no additional site parking to serve the development and the applicant has not provided any evidence to demonstrate that there would adequate site parking to serve the development. There is no information on site operating hours for the various site uses and there is highways concern that there could be a lack of site parking at busy times when the proposed facility would be in use along with other site uses...
...It remains unclear whether the parking provision for whole site will be sufficient when the various consented uses will also be in place...
5.2 Douglas Borough Council have commented on this application and stated that they do not object, in the letter dated 16 November 2018.
ASSESSMENT The principle of development
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6.1 Under the previous planning permissions ref: - 16/00865/B the case officer noted that the site is not designated for development; however, at that time the site had a building on it and as such, the provisions of General Policy 3 (c) were considered applicable and would allow redevelopment if the new building resulted in an improvement to the general appearance of the site and a reduction in the current impact. The current site is vacant following the demolition of the previous swimming pool building and other out-buildings; however this could have been carried out without the need for planning permission.
6.2 This planning permission if believed to be still extant, although it doesn't appear to have been formally commenced in planning terms. The proposal is for a broadly similar development in terms of the proposed use; therefore the principle is considered to be acceptable, subject to the consideration below.
Character and appearance 6.3 The existing building was considered by the case officer of the previous planning permissions ref: - 16/00865/B to be of inappropriate form given the attractiveness and interest of those nearby. The then proposed building was larger and more prominent, but it was considered that 'the impact is one of a better thought through and designed structure which has been built and finished to complement its surrounding environment not through competing for prominence or stature but by replicating certain materials and by sitting comfortably behind existing walling and a significant tree'.
6.4 The current proposed building is a temporary, semi-permanent structure with a steel and aluminium frame and PVC coated polyester fabric to upper walls and roof; the lower walls will be finished in uPVC cladding that is stated as 'goosewing grey' on the submitted plans. It is less well considered and is primarily functional in appearance; however considering its temporary nature, its location set away from any public vantage points and the general improvements in terms of the surrounding hard and soft landscaping, it is considered acceptable in this case.
Impact on neighbours 6.5 There are no nearby residential uses near to the buildings themselves or the access to the site. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents.
Parking and highway safety 6.6 On-site parking provision for the wider site is accommodated in the existing car parks, one of which was the subject of planning permission 16/00678/B. There are a number of existing uses on the site as well as several approved uses, some partly implemented, that are the subject of planning permissions granted in recent years. Highways have indicated that the applicant has not adequately demonstrated that there would adequate site parking to serve the development.
6.7 The current proposal is intended to replace an previously approved planning permission and is located on the footprint of the previous approved building; therefore it in not in addition to it. The use of the site will primarily be outside of the use of the wider educational facilities on the site. Concerns appear to mostly relate to the function of the site within its boundaries and doesn't relate specifically to the public highway network. The parking provision is considered adequate.
CONCLUSION 7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. The proposal therefore complies with policies identified within the Strategic Plan.
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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 (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: 15.04.2019
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
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