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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00119/B Applicant : Department of Infrastructure Proposal : Creation of temporary parking and vehicular access with associated lighting Site Address : Part of Summerland Site King Edward Road Douglas Isle of Man
Principal Planner: Mr Chris Balmer Photo Taken : 01.03.2019 Site Visit : 01.03.2019 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.03.2019 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The use hereby approved shall be discontinued and the land restored to its former condition (including removal of all light stands/pay & display machines/shelters) before the 1st November 2020.
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 approval relates to the submitted documents and drawing reference number PL-2000 REV A all received on 6th February 2019.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE
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1.1 The application site is part of the curtilage of part of the Summerland Site, King Edward Road, Douglas which is situated on the northern side of the King Edward Road and on the opposite side of the road with the end of the Promenade Walkway. To the east of the site is the Manx Electric Railway Depot and to the west is the Terminus Tavern and Strathallan Horse Tram Depot.
1.2 The site, since the demolition of the Aquadrome and Summerland building, has been mainly unused, the exception being that it was utilised to park vehicles associated with the 'TT Fair'.
1.3 The site character is flat with a one metre high timber fence running along the southern boundary, parallel with the MER lines. A 2 metre high chain link fence to the northern boundary also exists. This fence demarks the flat part of the site with the bottom of the cliff face which runs up to the rear boundaries of the properties along Strathallan Road.
1.4 The main access to the site is via Strathallan Crescent which runs from King Edward Road past the Terminus Tavern where an existing gate provides access to the site.
2.0 THE PROPOSAL 2.1 The application seeks full approval for the creation of temporary parking and vehicular access with associated lighting. The car park would be used until November 2020 when the works of the Douglas Promenade are due to be completed. The car park would accommodate 55 car parking spaces. A £2 daily fee would be charged and would be collected via two pay and display machines. Two lighting columns are also proposed within the site.
3.0 PLANNING HISTORY 3.1 The following previous planning applications are considered to be specifically material in the assessment of the current application:
3.2 Creation of a temporary works compound to be used for the Douglas Promenade Refurbishment - 18/01272/B - APPROVED (immediately to north of application sit).
3.3 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 - 17/01067/B
3.4 Variation of condition 3 of PA12/01359/B to extend Derby Castle MER Depot, to extend the period of approval for a further 5 years - 17/00787/B - APPROVED
3.5 Erection of temporary horse tram facility including tram shed, stables, staff welfare facilities, parking and new vehicular access - 16/01365/B - APPROVED on a temporary five year period.
3.6 Extension to Derby Castle MER Depot to provide parking and operational facilities - 12/01359/B - APPROVED (east of application site).
3.7 Demolition of existing swimming pool building and leisure complex - 03/01998/B - APPROVED
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is located within an area that is designated by the Douglas Local Plan as being Tourism and is immediately adjacent to land that is designated as being Railway Purposes. Given the nature of the application it is appropriate to consider the following planning policies:
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4.2 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."
4.3 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 spaces 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 unacceptable 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."
4.4 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."
4.5 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."
4.6 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."
4.7 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."
4.8 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
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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."
OTHER MATERIAL CONSIDERATIONS 4.9 Within the recently published Draft Area Plan for the East the site is designated as "Mixed Use".
4.10 The Council of Ministers have approved an Action Plan to Reform the Planning System (hereafter "The Action Plan"). The document "Reform of the Planning System - Programme for Government 2016 - 2021" GD2018/0031 was laid before Tynwald on 15th May 2018. One of the actions set out within this is that, "Council of Ministers have agreed the following Policy with immediate effect: In order to continue to incentivise and support site redevelopment and the associated economic development, Planning Approval should not normally be given for brownfield sites to be used as temporary car parks" and that this is important, "To ensure faster brownfield site redevelopment and encourage socio-economic development".
4.11 Report of the Select Committee of Tynwald on the Development of Unoccupied urban sites (2017-2018) (hereafter "The Select Committee Report" recommended that,
"Tynwald calls upon the Council of Ministers and all Departments to use every means at their disposal to encourage and prioritise the development of unoccupied or previously developed urban sites ahead of building on greenfield sites in the Manx countryside; and in particular that Tynwald is of the opinion that urgent action should be taken ... (iv) to use the planning system, taxation and other potential incentives to discourage greenfield development; (v) to use the planning system, taxation and other potential incentives to encourage brownfield development in Development Zones in Douglas and in other urban areas".
4.12 The Manual for Manx Roads (published by the Department of Infrastructure) sets out detailed guidance on highways matters.
5.0 CONSULTATIONS 5.1 The Dilapidation Enforcement Officer for Douglas Borough Council makes the following comments (18.03.2019):
"I am currently reviewing the above planning application in advance of the Council's March Committee meeting.
I would like to raise the following queries which do not appear to be addressed within the documentation provided by the applicant and to find out if these are also concerns held by the planning department.
Disabled parking - there does not appear to be any provision for disabled parking within the application. Can you bring this to the attention of the applicant on our behalf and obtain details for disabled parking including the number of spaces allocated along with some reassurances that the proposed ticketing machines will be wheelchair friendly?
Flood risk - having looked through the application I cannot see a Flood Risk Assessment. Although the area may not be designated as a high flood risk area there have been several instances where this part of the promenade has been closed to pedestrians and vehicles
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because of over-topping and storm surge. I would like to know if the applicant is intending to provide a Flood Risk Assessment along with some details on their proposed mitigation strategy for dealing with such incidents.
Any further information relating to the above would be much appreciated along with a view on the points raised from the planning officer dealing with this application.
If the officer feels that it is not necessary for the applicant to provide this information a response from the planning officer would still be appreciated. I look forward to hearing back from you in due course."
5.1.1 A further letter from the Dilapidation Enforcement Officer for Douglas Borough Council is also received (22.02.2019) seeking a deferral to a decision as the application will not be going to the Environmental Services Committee till the 18th March.
6.0 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 6.2 The use is not tourist use it is therefore not in accordance with the zoning of the Douglas Local Plan.
6.3 The use of brownfield sites for temporary uses raises various questions - the extent that the use of the site as a temporary car park discourages investment in its more permanent development, the likely condition of the site in the interim if approval is not given for a temporary use and the extent to which the latter outweighs the former. The answers to these questions are to some extent conjecture. However, the recently adopted Council of Ministers policy gives a firm view as to how these issues might be considered. Therefore the issue is whether there are exceptional circumstances which would indicate that the 'normal' position as set out in the policy should not be followed.
6.4 In this case it is noted the site to the north of the application site and forms part of the former Summerland site was recent granted permission for temporary works compound to be used for the Douglas Promenade Refurbishment (18/01272/B). This included a condition which was 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.". Accordingly, a large section of the former Summerland site is already being used for temporary purposes. Further the proposed application again is in associated with the Douglas Promenade Refurbishment and the applicants only seek the use as a car park till November 2020 (i.e. less than 2 years). Finally, it is noted that the Draft Eastern Area Plan is still under consideration with the Public Enquiry later this year, which will then follow further consideration of the Inspectors comments, further re-drafting and then finally a decision by Tynwald. Accordingly, it is likely a decision on the Draft Plan would be towards the end of the year/beginning of next year. Accordingly, it is likely during this period, the site will not become developed given the land use of the site has not been determined. Further a planning application would need to be made, a scheme designed and the site would need to be purchased by the new developer (owned by IOM Gov) which would take a number of months.
6.5 Overall, it is considered given the position of the Draft Area Plan and a likely date for a final decision is a number of months away (possibly next year) and given the use would be for a fairly limited period to meet parking for displaced vehicles from the Douglas Promenade while the refurbishments take place, the principle of the development would be acceptable and would not discourage more permanent development.
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POTENTIAL IMPACT UPON THE STREET SCENE AND CONSERVATION AREA 6.5 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). 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.
6.6 The proposed use and overall appearance would not be attractive and would in fact be detrimental to the visual appearance of the area, similar to how the existing site appears. Accordingly, if it was proposed that the proposal was a permanent use, then the Department would have serious concerns as it would not preserve or enhance the Conservation Area, as required to do so.
6.7 However, given the temporary period the planning application seeks (Nov 2020), it is perhaps a more pragmatic approach to take in the short term to allow for the temporary usage for the reason indicated previously in this report, to meet he sort term need while the Douglas Promenade Refurbishment are undertaken.
7.0 CONCLUSION 7.1 For the reasons outlined above it is considered that the planning application is acceptable, subject to conditions limiting the time of usage of the site, and it is therefore recommended that the planning application be approved.
8.0 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 Planning Committee 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: 18.03.2019
Signed : C Balmer Presenting Officer
Further to the decision of the Committee an additional report and conditions were required
YES/NO See below
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PLANNING COMMITTEE DECISION 18.03.2019
Application No. :
19/00119/B Applicant : Department of Infrastructure Proposal : Creation of temporary parking and vehicular access with associated lighting Site Address : Part of Summerland Site King Edward Road Douglas Isle of Man
Principal Planner : Mr Chris Balmer Presenting Officer As above
Addendum to the Officer’s Report
At the meeting held on the 18th March 2019, the Planning Committee approved the application but with the inclusion of two additional conditions.
Conditions of Approval
C 1. The use hereby approved shall be discontinued and the land restored to its former condition (including removal of all light stands/pay & display machines/shelters) before the 1st November 2020.
Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need.
C 2. Prior to the commencement of the development, a scaled plan with swept path analysis for a large car over 5m in length must be submitted to and approved by the Department, to demonstrate that the site access is wide enough to enable two cars to pass each other while turning left in and left out of the proposed site access junction without encroaching onto the tactile paving.
Reason: In the interested of vehicle turning movements and vehicle and pedestrian safety.
C 3. The access hereby approved must be constructed as shown on drawing PL-2000 REV A prior to the first use of the car park and maintained as such thereafter.
Reason: To provide adequate access to the site.
Plans/Drawings/Information
This approval relates to the submitted documents and drawing reference number PL-2000 REV A all received on 6th February 2019.
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