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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00167/C Applicant : Department Of Infrastructure Proposal : Change of use for operating centre/parking of vehicles in connection with Department of Infrastructure at Strathallan Horse Tram Depot. Site Address : Tramway Office & Premises Strathallan Crescent Douglas Isle Of Man IM2 4NR
Principal Planner: Mr Chris Balmer Photo Taken : 11.03.2024 Site Visit : 11.03.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 12.03.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposal to create a DOI operating centre for the parking of vehicles/associated equipment in a prominent position would result in an adverse visual impact to the detriment of the site, street scene and Conservation Area neither preserving or enhancing the Conservation Area all contrary to Section 18(4) of the Town and Country Planning Act (1999), General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01.
R 2. The proposed development which results in using part of the overall Summerland site has the potential to either reduce the overall development size of the Summerland site and/or its use as an operating centre could have a detrimental impact upon any future uses/development on the Summerland Site and prejudice the use or development of this adjoining land in accordance with the appropriate Area Plan, contrary to General Policy 2 of the Isle of Man Strategic Plan 2016 and the Area Plan for the East 2020.
R 3. The proposal to create a DOI operating centre for the parking of vehicles/associated equipment within immediate proximity to the Horse Tram Station/Facilities and the Manx Electric Railway Station would have a compromising impact upon their attraction as a tourism and leisure facility contrary to General Policy 2 and Transport Policy 3 of the Isle of Man Strategic Plan 2016 and Landscape Proposal 10 of the Area Plan for the East 2020.
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R 4. The proposal to create a DOI operating centre for the parking of vehicles/associated equipment would fail to meet the land uses destination and the aims of the Area Plan for the East 2020.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE 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 northwest is the Terminus Tavern and the former Strathallan Horse Tram Depot which has recently been demolished.
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' and parts as a compound during the Promenade works.
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 approval for Change of Use for operating centre/parking of vehicles in connection with Department of Infrastructure at Strathallan Horse Tram Depot. The area is approximately 750sqm in size. The submitted plans include a parking plan and photograph showing seven vehicles parked on the site and ship container, albeit a greater number could be accommodated on the site should the application be approved.
3.0 PLANNING HISTORY 3.1 The following previous planning application is considered to be specifically material in the assessment of the current application:
3.2 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.
3.3 Erection of temporary marquee for storage of tramcars with extension of existing tram tracks into associated structure - 19/00186/B - APPROVED with attached condition; "C 1. The use of the facility hereby approved shall cease on or before the 17th January 2023.
Reason: The building has been exceptionally approved solely to meet the short term needs of the Horse Tramway and its subsequent retention would result in an unwarranted intrusion in
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the Conservation Area. Furthermore, the building has been sought for a temporary basis and has been assessed and approved as such."
3.4 Erection of temporary marquee for storage of tramcars with extension of existing tram tracks into associated structure (retrospective) - 20/00399/B - APPROVED with attached condition; "C 1. The building and use hereby approved shall be discontinued and the land restored to its former condition (including removal of all buildings/structures) before the 1st June 2021.
Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need."
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is located within an area that is designated by the Area Plan for the East 2021 as being "Mixed Use - DM012g") 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:
Isle of Man Strategic Plan 2016 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,
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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 Environment Policy 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."
Planning Policy Statement 1/01 4.9 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..."
Area Plan for the East 2020 4.10 Urban Environment Recommendation 1 states; "For Government owned land in the East which is vacant or underused, it is recommended that Departments work together to clarify issues including direction, preferred uses, funding mechanisms, timing, the role of the private sector and connectivity to other uses and sites, in line with the Vision set out in this Plan. The achievement of cooperation and skills development will assist in the process of optimising the potential of all vacant and underused sites. Regard should be had to the recommendations contained within the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites 2017-2018 and subsequent Action Plan and outcomes. The Select Committee was convened to investigate how to encourage and prioritise the development of unoccupied or previously developed urban sites ahead of countryside sites."
4.11 Landscape Proposal 10 (for the Manx Electric Railway, the Mountain Railway and the Isle of Man Steam Railway) states; "This is applicable to those linear corridors for the named railway forms, the lines-of-sight required for their safe and continued operation and also as a consideration to sites proximate to those corridors and where the predominant view is of those corridors.
For the Isle of Man Steam Railway - Views as seen from Isle of Man Steam Railway are to be preserved; development which would significantly intrude on such views will generally not be supported. Safety and continued operability will require some clear line-of-sight corridors, and these shall be maintained.
For the Manx Electric Railway (including the Mountain Railway) - Views as seen from the Manx Electric Railway are to be preserved; development which would significantly intrude on such
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views will generally not be supported. Safety and continued operability will require some clear line-of-sight corridors, and these shall be maintained.
Prospective Applicants wishing to develop along these routes (which includes sites located adjacent to the boundary of the railway line or within close proximity to the transport corridors) should engage with the Department of Infrastructure for advice ahead of the submission of any planning application. Prior to any decision on a planning application for which Landscape Proposal 10 is relevant, advice will normally be sought from the Department of Infrastructure."
4.12 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
5.0 CONSULTATIONS 5.1 Highway Services comment (23.02.2024); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking."
5.2 Douglas Borough Council do no object (23.02.2024).
5.3 Registered Building Officer comments (12.03.2024):
"Although this proposed change of use is modest in scale and scope, an operating centre/maintenance vehicle car park with no attempt at landscaping or formal delineation would, in my view, clearly fail to preserve or enhance the special character of the conservation area.
The proposed site sits immediately adjacent to the Terminus Tavern, which began life at Strathallan Lodge in the 19th century and is noted within the architecture section of the Conservation Area Character Appraisal. In the same document, the Summerland site is expressly mentioned as a site presenting an opportunity for enhancement within the Opportunities section. Part of the character of this part of the Conservation Area is the recreation and tourist use that occurs from the Horse Tram/Manx Electric Railway stations, and the Terminus Tavern public house. In my view the proposed operating centre/maintenance vehicle car park does not compliment these existing uses, and the proposal also has the potential to jeopardise the future development of the Summerland site as a whole."
6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of the application are whether; Conservation Area Statutory Test; the proposed use on this site is acceptable; potential impacts upon the street scene, Conservation Area; and whether the use would prejudice the use or development of adjoining land in accordance with the appropriate Area Plan, namely Summerland site and the Horse Tram/Manx Electric Railway.
6.2 CONSERVATION AREA STATUTORY TEST 6.2.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in section 4.12 of this assessment on whether the proposal would preserve or enhance the Conservation Area.
6.2.2 The existing site is currently made up of hardstanding following the demotion of the former swimming pool building and leisure complex at Aquadrome and Summerland in 2004. While the current application site (section of the whole Summerland site) does not add to the quality or character of the Conservation Area, there are significant concerns that the parking/storage of vehicles and associated with a DOI operating centre would have a
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detrimental impact upon the Conservation Area and cannot be considered in any way to preserve or enhance the Conservation Area. The parking of vehicles/associated equipment with the DOI operating centre would result in the site appearing as a car park/compound within a prominent position in the Conservation Area/street scene and have a far greater visual impact than an empty site (hardstanding).
6.2.3 In light of discussion with the Assistant Registered Buildings Officer, he shares these concerns that the proposal would not preserve or enhance the Conservation Area.
6.2.4 Accordingly, for the reasons outlined the proposal would fail Section 18(4) of the Town and Country Planning Act (1999) and the application can be refused on this ground irrespective of any other matters.
6.3 PRINCIPLE OF THE PROPOSED USE ON THIS SITE 6.3.1 As outlined within the Planning History Section of this report, permission was recently granted for the erection of a temporary horse tram facility including tram shed, stables, staff welfare facilities, parking and new vehicular access to enable the Tramway to continue to operate while the new Tramway Office & Premises at Strathallan Crescent was constructed. All the applications made it clear this was only acceptable due to the short-term need and to ensure the short term operation of the horse tram.
6.3.2 The site is identified as a "Mixed Use" site and as part of the Summerland site named as "DM012g" under the Area Plan for the East.
6.3.3 It is considered the use of the site as an operating centre/parking of vehicles in connection with Department of Infrastructure is not appropriate and would not comply with the land use designation or the aims of the Area Plan for the East.
6.4 POTENTIAL IMPACT UPON THE STREET SCENE AND CONSERVATION AREA 6.4.1 The Planning Authority 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.
6.4.2 The parking of vehicles/associated equipment with the DOI operating centre would result in the site appearing as a car park/compound which cannot be said to preserve or enhance the Conservation Area. Accordingly, the proposal is considered contrary to Environment Policy 35.
6.5 THE USE WOULD PREJUDICE THE USE OR DEVELOPMENT OF ADJOINING LAND (namely Summerland site and the Horse Tram/Manx Electric Railway) 6.5.1 There is significant concerns of the proposed development; namely using part of the Summerland Site for the operating centre which has the potential to either reduce the overall development size of the Summerland site and/or its use as an operating centre could have a detrimental impact upon any future uses on the Summerland Site, which the remainder of the site is much larger, but may well prejudice the use or development of adjoining land in accordance with the appropriate Area Plan.
6.5.2 Furthermore, as indicated within the Douglas Promenades Conservation Area Character Appraisal: "..the unique system of Horse trams which run the entire length during the summer months. It is judged that this feature makes an important contribution to the special character of the Conservation Area". Transport Policy 3 indicates that development on or around existing rail routes should not compromise their attraction as a tourism and leisure facility.
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Finally, Landscape Proposal 10 identifies the Manx Electric Railway and that views as seen from the Manx Electric Railway are to be preserved; development which would significantly intrude on such views will generally not be supported. It is not considered the creation of an operating centre immediately adjacent to both these tourist attractions can be considered to have a betterment to these facilities and would in fact have compromise their attraction as a tourism and leisure facility.
6.5.3 Accordingly, the proposal which is immediately adjacent to the Horse Tram station/close to Tramway Office & Premises would have a detrimental impact upon the general experience of visitors (both residents and tourists) contrary to General Policy 2, Transport Policy 3 of the Isle of Man Strategic Plan 2016 and Landscape Proposal 10 of the Area Plan for the East 2020.
7.0 CONCLUSION 7.1 For the reasons outlined within this report, it is considered that the planning application would be contrary to Section 18(4) of the Town and Country Planning Act (1999), General Policy 2, Transport Policy 3 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Policy Statement 1/01 and Area Plan for the East 2020.
7.2 It is therefore recommended that the planning application be refused.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 above 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 that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Refused... Committee Meeting Date:...25.03.2024
Signed :...C BALMER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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Signatory to delete as appropriate YES/NO See below
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