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19/00734/C Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00734/C Applicant : Thyme Ltd Proposal : Temporary use as a car park (retrospective) Site Address : 19-20 St Georges Street Douglas Isle Of Man
Principal Planner: Miss S E Corlett Photo Taken : 30.07.2019 Site Visit : 30.07.2019 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.09.2019 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The use of the site as a temporary car park may continue until 20.09.20 whereupon the use must cease.
Reason: to reflect the intention of the application and to coincide the temporary period to that of recent approvals for temporary car parks in Douglas, all to accord with the COMIN directive on temporary car parks.
Plans/Drawings/Information;
This decision relates to drawing SC1328-00-10 received on 28th June, 2019.
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Interested Person Status - Additional Persons
None
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE COUNCIL OF MINISTERS' ACTION PLAN; ALSO THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR APPROVAL
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19/00734/C Page 2 of 6
THE SITE 1.1 The application is an almost-triangular parcel of land situated at the southeastern corner of St. George's and Hope Streets. Also within the control of the applicant are two parcels of land on Circular Road to the northwest, on which planning approval was granted for the construction of a large office block connected by an over-highway walkway, which is now complete and occupied.
1.2 The site slopes downward from north west to south east and is consistently hard surfaced with the access and exit from the west onto St. Georges Street. The site is bordered by timber post-and-rail fencing on the northwestern and southeastern sides. On the other boundaries are a stone and patched rendered wall adjacent to the church and the remaining buildings on St George's Street. At the time of the first site visit there were weeds growing at the edges of the hard surfaced area and the wall bordering the Church was finished in a patchy mix of stone and render. On the second visit the weeds had been removed and the perimeter fencing stained dark brown.
THE PROPOSAL 2.1 Proposed is use of the site as a temporary car park for a period of twelve months. Permission was granted in 1998 and 2003 for this use and it has continued as such, with and without permission, since under 98/00320/B, 03/00533/B, 15/00232/B and 17/00169/B with the last of these extending the approval until 30.03.2018 and where the applicant noted at the time, "Their client is presently implementing the multi-storey car park approved and construction is planned in July 2017. As this date is beyond the extant approval date of 7th April 2017 of PA 15/00232/B (condition 1) and request an extension of time for one year until construction commences". The multi-storey car park referred to is a permanent, two storey car park (16/00835/B) which has not been implemented and the approval for which expires on 20.09.2020.
2.2 The applicant clarifies the situation by explaining that the site has been used as a temporary car park for 16 years and latterly by Thyme Limited whose tenant is Microgaming Ltd and whose approval for new offices on Circular Road (14/00113/B) required a parking strategy, part of which was a transport plan which aims to reduce transport to and from work by car by its staff and partly by the use of the temporary and permanent car parks on this site. 43 car parking spaces were to be provided on site with a further 22 elsewhere (indicated at the time to be on this site). Microgaming have been considering their options for the site in light of the parking needs for their main offices and may decide to develop the site for offices above car parking. The results of these considerations are likely to be concluded shortly and will result either in the submission of an amended application for the site or implementation of the approved car park scheme.
2.3 The applicant states that they understand the Select Committee on the Development of Unoccupied Urban sites and that it has a mandate to restrict the use of vacant urban sites for temporary car park purposes. However, in this case the user of the site is engaged in the planning of a major redevelopment of the site for their own use which they consider, would benefit the build environment but will also result in the re-use of a brownfield site fully in accordance with the Committee's mandate. They refer to the ongoing redevelopment of the promenade scheme, mentioned also by others proposing temporary car parks within Douglas (see Planning History below) which will significantly restrict the available parking in the town. They suggest that if this application is refused, the lost spaces will be difficult to replace elsewhere in the town and the parking issues will be compounded.
2.4 They suggest that Microgaming fully intends to develop the three storey car park approval they have, with or without the office space and if the option to build further office space is pursued, an environmentally conscious building is planned which will aim to reduce the use of finite fossil fuel sources and provide facilities to encourage travel other than by car.
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19/00734/C Page 3 of 6
PLANNING HISTORY 3.1 The site lies within an area of predominantly office use on the Douglas Local Plan of 1998. The site abuts the Athol Street/Victoria Street Conservation Area.
3.2 The Isle of Man Strategic Plan (2016) contains a number of relevant policies.
3.2.1 Strategic Policy 1 indicates that best use should be made of resources by optimising the use of previously developed land.
3.2.2 General Policy 2 sets out general 'Development Control' considerations, and indicates that developments which accord with land use zonings will be supported only where they meet these. Where a proposal does not comply with the land use zoning however, it is considered that the general considerations are still capable of being relevant. These include whether the proposal:
3.2.3 Paragraph 7.30.1 states indicates that views out of a Conservation Area can contribute significantly to its character and this point is addressed in Environment Policy 36 which indicates that development outside of, but close to, the boundary of a Conservation Area will only be permitted where it will not detrimentally affect important views into and out of the Conservation.
3.2.4 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."
3.2.57 Paragraph 11.5.3 indicates that the long term the target is to reduce the level of car parking required for town centre developments and seek to develop more sustainable staff and visitor transport plans but sets out a general policy (Transport Policy 7) "in the shorter term" which sets out parking standards for new developments.
3.3 OTHER MATERIAL CONSIDERATIONS 3.3.1 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".
3.3.2 The Central Douglas Masterplan which is a public document is not a statutory document but was approved by Tynwald in 2015 (although the document on the Government website is undated) "as a general framework for the development of Central Douglas, a material consideration in the determination of planning applications and the formulation of planning policy, most notably the Area Plan for the East". The format of the Master-plan was intended to ensure that, "The evidence base and project proposals could be reviewed for inclusion in the Area Plan for the East". It breaks the area down into 8 Character Areas based on a combination of function and identity. Within each Character Area individual project proposals
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are set out to strengthen the Character Areas, and carry forward the Vision and Objectives. It forms part of the evidence base to the Area Plan. This refers to the gap sites on Peel Road weakening the impact of this part of the Masterplan Area as an entrance to the town and that a flexible approach to developing vacant site should be used, including the development of the site for residential purposes. It also states:
"SG4 Additional car parking may be required as gap sites are developed Growth of office accommodation and commercial activity, as well as further demand for shoppers' car parking at weekends will make demands on the existing car parking provision. The car parking strategy sets out likely trends for demand; a wider consideration of other modes will need to align with this but a particular site may need to be identified to accommodate future growth."
3.3.3 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".
3.3.4 The Manual for Manx Roads (published by the Department of Infrastructure) sets out detailed guidance on highways matters.
3.3.5 The Area Plan for the East consultation draft has been published (consultation runs until the 31/08/18). This identifies that the application site is proposed for allocation as, "4 St George's" and contains the following proposals:
"9.8.4 Mixed Use Area 4 This is the business district of Douglas and is characterised by offices, many serving financial institutions. Athol Street is notably the core of this area and is representative of the economic well-being of the Island. There is a smattering of food and drink uses supporting the area. The primary office frontage along Athol Street is notated by the hatched line on Map 5.
Town Centre - Mixed Use Proposal 4 There will be a presumption in favour of offices and financial and professional services along Athol Street. Within the area but outside of Athol Street, offices, financial and professional services, food and drink and some residential uses will also be acceptable. Uses which conflict with these will generally not be supported."
PLANNING HISTORY 4.1 The permanent car park was approved under 16/00835/B, subject to conditions including the following:
"The land the subject of this application shall be used solely for the parking of motor vehicles of those employees working on or within the land parcels edged in blue on the submitted plan SC1328-00-10, date-stamped as having been received 14th February 2017.
Reason: Without this condition, it is possible that a planning approval on the land edged in blue could not be lawfully implemented, and is in any case intended to be used in connection with that land. Such a condition is therefore in the interest of highway safety generally and in the interest of providing sufficient car parking space more specifically."
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4.2 The Microgaming offices were approved subject to conditions including the following:
"Prior to the occupation of the new building hereby approved, the applicant must have approved by the Department details of the provision of car parking to serve the development. This must address the total number of spaces required to be provided under the terms of the Strategic Plan or a justification for any reduction in this provision such as a Travel Plan, and with a phasing arrangement for the delivery and retention of the spaces and the monitoring of the Plan. Once provided, the car parking spaces must be retained for use by those employed within or in association with the development hereby approved.
Reason: in the interests of road safety and reducing vehicular traffic to the development."
4.3 Two relatively recent applications for temporary car parks on South Quay were approved by the Planning Committee. 18/00350/B and 18/00013/B were approved for two year periods ending on 29th October and 31st December 2020, the approval granted on the basis that both sites were the subject of proposals for change of land use in the Area Plan for the East and also that there was a significant temporary shortage of parking spaces through the redevelopment of the promenade.
REPRESENTATIONS 5.1 Douglas Borough Council objects to the application, considering that the applicant has not fulfilled their obligation of the original conditions to provide adequate parking for staff and by allowing the continuation of this temporary arrangement, this could establish a dangerous precedent to a proliferation of temporary car park sites for longer than the recommended twenty four month period (18.09.19).
5.2 DoI Highways Services have no objection (07.08.19).
ASSESMENT 6.1 Whilst planning approval was granted relatively recently for the temporary use of the site for car parking, this was for a single year (proposed as such) and since then, Government has published the findings of a Select Committee which supports the development of brownfield over greenfield land development and the Reform of the Planning System report where the Council of Ministers direct that there should normally be a presumption against the use of vacant sites for temporary car parks. It is important to note that the reason for the direction relates to the desire to ensure faster brownfield site redevelopment and encourage socio- economic development and the consideration that temporary car parks obstruct this objective.
6.2 The application is slightly different from other recent proposals for temporary car parks where the operators were running a business where others paid to use the parking spaces: here the car park is owned by the user. A refusal to allow the continued use of this site as a temporary car park could be more likely to encourage the owner to develop it than an approval as it would need to find alternative car parking facilities for its staff which are likely to come at a financial cost. However, if the applicant is considering how to develop the site - ie whether to implement the currently approved scheme or to develop in an alternative form, it is not likely that a refusal would be a significant element in progressing the development of this site any faster than if the current application were refused.
6.3 It is important that the proposed period of use is only one year which would not be inconsistent with the timescale of the two recent approvals for car parks on South Quay notably due to this being a period in which a significant amount of public car parking is not available through the redevelopment of the promenade (although much of this area is usually subject to two hour restrictions which would not suit those looking for all day parking). This current time is therefore a period which is not considered to be "normal" when referring to the COMIN direction. The refusal of this application is not likely to result in any change to the appearance of the site and whilst the local authority has power under the Local Government
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(Miscellaneous Provisions) Act 1984 to address open land which is in a condition which is detrimental to public enjoyment through its appearance, in this case, this is one of a number of sites in the immediate area which have been cleared and are devoid of structures, some of which are being used as temporary car parks. The fact that the Central Douglas Masterplan refers to a potential need for car parking in this area is also a material consideration.
RECOMMENDATION 7.1 Overall, it is concluded that there is sufficient justification in this case to approve the use of this site as a temporary car park until 20th September, 2020 to be consistent with the latest decisions on temporary car parks elsewhere in the town and to reflect the intention of the application (a one year extension of time with the application having been submitted in June 2020 but taking account the delay in consideration until now). By then, the approved multi storey car park scheme will either have been implemented or superseded by a new scheme or, if neither occurs, the Department will be in a position to resist any further extension of the temporary car park use of this site.
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:...07.10.2019
Signed :... 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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