The University Centre The Nunnery Old Castletown Road Douglas Isle Of Man IM2 1QB
Case Officer:
Miss Melissa McKnight
Photo Taken:
Site Visit:
Expected Decision Level:
Officer Delegation
The Application Site
The application site is the curtilage of The University Centre which is currently the Isle of Man International Business School and University Centre of the Isle of Man Government. The application site is the south driveway that leads north from the Old Castletown Road leading up to The Nunnery building. The Isle of Man International Business School is sited on the northern side of Old Castletown Road, Douglas.
The Nunnery building itself is a traditionally styled castle type building within its own grounds comprising of lawned areas and large mature trees and natural vegetation. There is a large car park within the grounds of the University Centre providing parking provisions for a large number of vehicles. On site are a number of outbuildings providing additional facilities to the Business School and University Centre.
The Nunnery was established in the twelfth century and the buildings associated with this were believed to have been located eastwards of the existing mansion house on or near to the site of the present chapel. Following the dissolution of the Monasteries in 1540, a dwelling was built on or near to the site of the Nunnery and this property was condemned in 1823. In the same year, construction began on the earliest part of the present building and this was built on an elevated position in the grounds, away from the site of the former dwelling and Nunnery. The original 1823 dwelling was extended in two phases during the nineteenth century and remained in use as a dwelling until November 1999 when the Estate was given temporary permission for a 3 year change of use to an International Business School under PA 99/01066/C. Permanent use of the Nunnery Estate as a Business School was subsequently granted in January 2004 under PA 03/01429/C which included a Master Plan of the site, indicating uses incidental to the Business School including the additional car parking now subject to this current application.
The Proposal
This planning application seeks approval for the installation of street lighting to the south driveway.
The initial proposal was to install twelve new mini iridium LED lamps measuring 5 meters in height to the south driveway that leads up to The Nunnery. Following concerns
raised regarding the impact on bats, the scheme has been reduced to propose only the first three lights.
The proposed lamp posts will not be illuminated between 2300hrs and 0700hrs.
Planning History
The application site has been the subject of a fourteen of previous planning applications, five of which were approved and are considered specifically material to the assessment of this current planning application:
PA 12/00110/B: Alterations to main roof. PA 10/00194/B: Creation of a car parking area together with access roadway, footpaths and associated lighting. PA 08/01667/B: Erection of a smoking shelter.
PA 06/01693/B: Creation of a temporary car park and re-surfacing of east driveway and creation of contrasting coloured footway adjacent to existing driveway.
PA 99/02266/D: Erection of signage at gate entrances.
Planning Policy
In terms of local plan policy, the application site is designated as Private Woodland under the Douglas Local Plan Order 1998 Map No. 2 (South).
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains five policies that are considered specifically material to the assessment of this current planning application.
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."
Environment Policy 3 states:
"Development will not be permitted where it result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-woodlands, which have public amenity or conservation value."
Whilst the International Business School is not currently on the Protected Buildings Register, it is on the proposed list and there is a clear case for the inclusion of Environment Policy 32 in the assessment of this planning application.
Environment 32 states:
"Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."
Environment Policy 34 states:
"In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred."
Representations
Douglas Borough Council has no objections to the planning application.
A representation was received by the Department of Environment, Food & Agriculture (DEFA) regarding concerns over the positioning of the proposed lamp posts in relation to the trees present along the southern driveway and the impact of the development on the trees. DEFA requested additional information detailing a full tree survey, the root protection are of the trees and a tree protection plan and arboricultural method statement.
A further representation was received by the Senior Biodiversity Officer from DEFA regarding the impacts of the proposed lighting on the bat habitats of the trees. DEFA state that consideration should be given to endure that the lighting is directed at the roadway and does not spill behind the trees. DEFA object to the lighting around trees in the areas used by brown long-eared bats, unless there is a genuine need for it, such as safety.
NB: Department of Environment, Food and Agriculture state that the use of LED lamps would be more efficient to use and better directed at the roadway, with minimal spillage...It would of course be more bat-friendly to use LED lamps directed at the roadway, but restricting either form of lighting to this short area avoids lighting the Wildlife Site and allows bats to move behind the adjacent trees and continue along the avenue from the beach trees.
The applicant was happy to comply and submitted amended plans detailing the use of LED lamps in replace of the heritage lamps.
Assessment
There are a number of key issues to be considered in the determination of this application. One issue to consider is the impact of the proposed lighting and new lamp posts on the public and private amenity. Another key issue to look upon is the impact of the planning application on The Nunnery itself and the surrounding area. As mentioned previously the application site is within a Private Woodland area with the Isle of Man International Business School on the proposed Registered Building list, it is imperative that the proposed lamp posts and associated lighting respects the existing building and quality of the landscape and does not adversely affect the bat habitats.
Given the siting of the lamp posts, the proposal is not considered to impact upon private or public amenity or interrupt highways safety. The lighting of the southern driveway will improve safety for car users as well as pedestrians by allowing improved visibility and safety.
The proposed lamp posts are not deemed to appear as intrusive features and therefore considered to have no undue impacts on public and private amenity. The proposed lampposts are designed in such a way as to not cause any adverse impacts upon the nearby bad habitats. The proposed LED lighting is designed to target the light better, reducing the horizontal spread and pollution outside of the roadway, which would restrict lighting spillage in turn protecting the habitats of the bats.
It is important that any development within the vicinity of a proposed Registered Building does not deter from the character and quality of that particular building. It is judged that the proposed lamp posts are an appropriate form of development and do not have an adverse impact on the character and quality of the University Centre building. Although the previously proposed heritage style lampposts would add additional character to the area, the lighting scheme did not protect the bat habitats present within the woodland areas.
Given the representations made from DEFA regarding the impact of the proposal on bat habitats within the area, it was felt appropriate to get the views and comments from the Department of Education (DEC) Health and Safety Officer in order to determine whether there would be an overriding justification for the proposal over the bat habitats. The applicant contacted DEC's Health and Safety Officer who has stated that under the Workplace (Health, Safety and Welfare) Regulations 1992, considered as best practice by The Health and Safety at Work Inspectorate (IOM), Regulation 8 reads as follows;
Regulation 8 Lighting
(1) Every workplace shall have suitable and sufficient lighting. (2) The lighting mentioned in paragraph (1) shall, so far as is reasonably practicable, be by natural light. (3) Without prejudice to the generality of paragraph (1), suitable and sufficient emergency lighting shall be provided in any room in circumstances in which persons at work are specially exposed to danger in the event of failure of artificial lighting.
The Approved code of practice states as follows;
58 Lighting should be sufficient to enable people to work, use facilities and move from place to place safely and without experiencing eye-strain. Stairs should be well lit in such a way that shadows are not cast over the main part of the treads. Where necessary, local lighting should be provided at individual workstations, and at places of particular risk such as pedestrian crossing points on vehicular traffic routes. Outdoor traffic routes used by pedestrians should be adequately lit after dark. Therefore it is judged that there is a justification for the proposed lighting.
Concerns were raised by the Forestry, Amenity & Lands Directorate regarding the proximity of the lamp posts to the mature broadleaved elm, lime and beech line and that the trenching/ducting works within the recommended Root Protection Area may severely damage the trees through root severance, soil compaction and other factors. The applicant was informed of the concerns raised and amended the plans to make sure that the siting of the propose lamp posts outside of the canopy spread of the nearby trees and that protective fencing will be erected during the proposed works. Given the information provided and amended plans submitted it is considered that the proposed installation of the new lamp posts would not result in the unacceptable loss of or damage to any woodland areas and trees.
As it was not capable of carrying out a bat survey at the present time given the season, it was felt most appropriate to comply with a condition restricting the proposal to the installation of the first three lamppost nearest to the building should the planning application be approved. The applicant was happy to comply with this condition and would conduct a bat survey when the bats would be in situ and submit further information regarding the installation of the remaining nine lampposts. This proposal was put DEFA, who were happy with the installation of the first three lampposts.
Overall it is concluded that the planning application is in accordance with General Policy 2, Environment Policy 3, 32, 34 and Community Policy 5 of the Isle of Man Strategic Plan 2007.
RECOMMENDATION
It is recommended that the planning application be permitted.
PARTY STATUS
The local authority, Douglas Borough Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Department of Environment, Food & Agriculture
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 06.11.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval for the installation of street lighting relates to Drawing No: 01 Rev No: C and 4 x A4 information sheet detailing lamp post specifications all date stamped 8th October 2012.
C 3.
Prior to the commencement of works on the installation of the proposed lamp posts the trees identified sitting adjacent to the proposed lamp posts must be adequately fenced off and protected from damage during installation. Such fencing must be erected so as to protect the roots (generally directly underneath the drip line of the branches) and once erected, no material or vehicles may be stored or parked within the protected area.
C 4. The approved lighting may not be illuminated after 2300hrs or before 0700hrs in any day.
C 5. Notwithstanding the details on the submitted drawing, Drawing No: 01, the approval hereby granted applies only to lampposts labelled 1, 2 and 3.
NOTE: the Planning Authority is concerned that the remaining lampposts could have an adverse impact on bat habitat and as it has not been possible for a bat survey to be carried out, no approval can be granted to these lights. Any further application for further lighting must include a bat survey to indicate whether bats are present on the site and whether the site is used by bats for feeding or foraging.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : 15-11-13
Determining officer (delete as appropriate)
Signed : ... Anthony Holmes Senior Planning Officer
Signed : ... Michael Gallagher Director of Planning and Building Control
Signed : ... Sarah Corlett Senior Planning Officer
Signed : ... Jennifer Chance Development Control Manager
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