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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. 24/00310/B Applicant : Dandara Homes Limited Proposal Residential Development Comprised of 109 Apartments and Associated Infrastructure Site Address Land Adjacent To Quay West Apartments, River Douglas And Lake Road Douglas Isle Of Man

Case Officer :

Toby Cowell Photo Taken :

Site Visit :

Expected Decision Level Planning Committee

Recommendation

Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 17.06.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans (drwg. nos. A_PLN_102 Rev P4; A¬_PLN_103 Rev P3; and A_PLN_106 Rev P5), and shall thereafter be retained for access purposes only.

Reason: In the interests of highway safety.

C 3. The provision of visibility splays for the Lake Road and 'Old Lake Road' accesses as per approved plan A_PLN_106 Rev P5 shall be implemented before the first occupation of the development and retained clear from obstructions greater than 0.60m in height for the lifetime of the development.

Reason: In the interests of highway safety.

C 4. Prior to the occupation of the development, full details of cycle parking facilities as noted on the approved plans shall be submitted to the Department for approval in writing and thereafter implemented in accordance with the approved drawings prior to the first occupation of the apartments.

Reason: To ensure the delivery of appropriate cycle parking facilities.

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C 5. No building work shall commence until sample details of all external wall finishes and roof finishes have been submitted to and approved in writing by the Department. The finishes are to be installed in accordance with the approved details, and be retained thereafter.

Reason: To preserve the setting of the nearby registered building, preserve the character and appearance of the surrounding area and to not affect adversely views into or out of the Douglas (North Quay) Conservation Area.

C 6. No installation of stonework on any part of the development hereby approved, including the riverside wall, shall commence until a sample panel of stonework has been erected on site (or an alternative location) and approved in writing by the Department. The stonework shall not be installed unless in accordance with the approved details and must be retained thereafter.

Reason: To preserve the setting of the nearby registered building, preserve the character and appearance of the surrounding area and to not affect adversely views into or out of the Douglas (North Quay) Conservation Area.

C 7. The development hereby approved shall not be occupied or operated until the internal arrangements for car parking, including that for the mobility impaired; electric vehicle charging; bin storage; and internal vehicle routes as shown on the approved plans have been implemented. Such areas shall not be used for any purpose other than those which have been consented, and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

C 8. The off-site highway works detailed on the approved plans, including the controlled crossings on Lake Road and Bridge Road, and the lay-by on Lake Road, shall be completed before prior to the first occupation of the approved development.

Reason: In the interests of highway safety.

C 9. The pedestrian and cycle walkway from 'Old Lake Road' bounding the site to the south adjacent to the River Douglas shall remain open to the public for the lifetime of the development.

Reason: To ensure free movement of public access and connectivity around the site.

C 10. All landscaping must be undertaken in full compliance with the details contained in the Landscaping Plans (Drawing Nos. A_PL_130 Rev P2, A_PL_131 Rev P2 & A_PL_132 Rev P2) and Planting Schedule (Drawing No. A_PL_133). The works shall be carried out prior to the occupation of any part of the development. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Thereafter, all soft landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development and to assist the creation and management of biodiversity.

C 11. Bat and bird boxes must be installed as per the details contained in the Bat and Bird Box Locations document (Drawing No. A_PL_135 Rev P2) and shall thereafter be retained in perpetuity in accordance with the approved details.

Reason: In the interests of biodiversity.

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C 12. Permanent external lighting must be installed as per the details contained in the Horizontal Illuminance Drawings document (Drawing Nos. A_PL_141, A_PL_142 & A_PL_143) and shall thereafter be retained in perpetuity in accordance with the approved details.

Reason: In the interests of biodiversity and to safeguard protected species.

C 13. The development shall be undertaken in full accordance with the mitigation and flood risk prevention measures outlined in the approved Flood Risk Assessment (Waterco) received 21.03.24.

Reason: To ensure that the development would be appropriate from a flood risk perspective.

C 14. For the avoidance of doubt, no discharge of surface water into public sewers from any part of the development is permitted.

Reason: To ensure an appropriate drainage strategy for the site.

C 15. Notwithstanding the provisions of the Town and Country Planning (Telecommunications) Development Order 2019 or any order amending, revoking or re-enacting that Order no telecommunications apparatus shall be erected or installed under Schedules 2 or 3 to that order without an express grant of planning approval from the Department.

Reason: In the interests of the wider strategic views of the area, the character and appearance of the development and the visual amenity of the conservation area

C 16. Other than those shown on the approved drawings, no soil stacks, soil vent pipes, flues, ductwork or any other pipework shall be fixed to the elevations of the building hereby approved.

Reason: To ensure that the development is carried out to the highest standards of architecture and materials and in the interests of the character and appearance of the development.

C 17. Any telecommunications apparatus (not for the purposes as set out under Town and Country Planning (Telecommunications) Development Order 2019), extraction plant, air conditioning units and any other plant or equipment that is required on the exterior of the buildings shall be installed in accordance with details to be submitted to the Department in writing to be agreed. The details shall include: proposals for communal provision of television receiving equipment, wherever possible; siting; appearance; any arrangements for minimising the visual impact; and any arrangements for mitigating potential noise and vibration.

Reason: To ensure that any telecommunications apparatus and other plant or equipment that is required on the exterior of the buildings preserves the highest standards of architecture and materials as a key feature building

C 18. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order no means of enclosure, other than that shown on the approved plans and other documents listed on this decision notice, and any drawings approved subsequently in writing by the Department pursuant to any conditions on this decision notice, shall be erected on the site under the terms of Class 39 of Schedule 1 to that Order without an express grant of planning approval from the Department.

Reason: In the interests of the character and appearance of the development.

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C 19. Notwithstanding the details shown on the approved plans all glass balustrades/balconies shall be installed with measures to prevent bird strikes to be either etchings on the glass or use of ultraviolet decals.

Reason: To prevent bird strikes, due to proximity of nearby nesting birds.

Note The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 24th June 2024. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.

N 1. For the avoidance of doubt, the applicant is advised that the approved development is required to be undertaken in full compliance with the Wildlife Act 1990 and the Water Pollution Act 1993. The applicant is therefore strongly advised to carry out the development in full accordance with the submitted Site and Construction Environmental Management Plan (February 2024).

N 2. The applicant is strongly advised to ensure that all measures contained within the submitted Travel Plan (Bryan G Hall, May 2024) are adhered to in full.

This application has been recommended for approval for the following reason. The application site is identified for development and the proposal is judged to comply with the site allocation, as further detailed within Comprehensive Treatment Area Proposal 3. The proposals are considered to constitute a high standard of design, without resulting in a detrimental impact upon the amenities of occupants of the adjacent residential development. The proposals are deemed to give rise to a positive impact upon the character and appearance of the wider locality and setting of the adjacent Conservation Area by redeveloping a prominent brownfield site, whilst further delivering a significant number of new apartments which is afforded significant weight.

The proposals would further not result in a detrimental impact upon the safety and convenience of the local highway network, whilst further being deemed acceptable from a flood risk perspective. The development is therefore deemed to comply with Strategic Policies 1,2,4,5,10,11, Spatial Policy 1, General Policies 2,4, Environment Policies 4,5,10,22,42,43, Housing Policies 1-5, Recreational Policies 3,4, Transport Policies 1,2,4-8, Infrastructure Policies 1,5, Energy Policy 5 and Community Policies 7,10,11 of the Isle of Man Strategic Plan 2016, relevant policies of the Area Plan for the East 2020 and the Residential Design Guide 2021.

Plans/Drawings/Information;

This approval relate to the following drawings and documents:

CGI image of development from railway station Received 04.06.24

A_PL_100 revP3 - location plan A_PL_101 revP3 - existing site plan A_PL_102 revP4 - level 0 parking plan A_PL_103 revP3 - level 1 podium plan A_PL_104 revP2 - proposed site plan/roof plan in context A_PL_106 revP6 - car park vehicle tracking A_PL_107 revP4 - refuse vehicle tracking A_PL_160 revP4 - level 0 fire access plan A_PL_161 revP4 - level 1 fire access plan Revised Transport Assessment

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Travel Plan Received 30.05.24

A_PL_105 - Level 0 drainage plan A_PL_108 - elevations in context A_PL_110 - block A floorplans A_PL_111 - block A elevations A_PL_113 - block A section A_PL_112 - block B plans and elevations A_PL_115 - block B section A_PL_114 - block C plans and elevations A_PL_119 - block C section A_PL_116 - block D floorplans A_PL_114 - block D elevations A_PL_121 - block D section A_PL_118 - block E plans and elevations A_PL_122 - block E section A_PL_120 - block F plans and elevations A_PL_123 - block F section A_PL_130 - landscape plan 1 A_PL_131 - landscape plan 2 A_PL_132 - landscape plan 3 A_PL_133 revA - planting plan A_PL_135 - bird and bat boxes plan A_PL_140 - refuse collection plan A_PL_141 - horizontal luminance plan 1 A_PL_142 - horizontal luminance plan 2 A_PL_143 - horizontal luminance plan 3 23/104/TR/001 - zebra crossing plan Design statement Planning statement Construction and site environmental management plan Flood risk assessment Hydraulic modelling report Received 21.03.24 __

Interested Person Status - Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations: Isle of Man Fire Service Isle of Man Constabulary Manx Utilities Authority Business Isle of Man, Department for Enterprise Department of Infrastructure Flood Risk Management Division Department of Infrastructure Public Estates Division

It is recommended that the following should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): Barraughar, Lazy Hill, Peel Road, Douglas

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as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE QUANTUM OF RESIDENTIAL DEVELOPMENT PROPOSED EXCEEDING 7 DWELLINGS AND GIVEN THE SCHEME WOULD REQUIRE A SECTION 13 LEGAL AGREEMENT IN RELATION TO AFFORDABLE HOUSING AND PUBLIC OPEN SPACE

1.0 THE SITE 1.1 The application site is located between Lake Road and the River Douglas, immediately to the west of the apartment block known as Quay West 1. The site extends to an area of approximately 0.58 ha which had previously been the site of a timber sawmill/builders' merchants. More recently the western part of the site has been used for surface level car parking, whilst an area towards the eastern boundary is set at a higher level due to being sited above the basement car park for the adjoining Quay West development.

1.2 The site forms part of a larger area alongside the river which has previously been used for commercial/industrial purposes but which is now within an area designated allocated for mixed use purposes in the Area Plan for the East. Whilst much of the site has been cleared, a collection of vacant buildings are still in situ on the site of the former Corporation depot at the western end of the area.

1.3 The River Douglas runs alongside the southern site boundary, beyond which is Old Castletown Road and the dwellings which front onto it. To the north the site is separated from the adjacent Tesco supermarket and its associated facilities by Lake Road, which runs parallel to the site boundary.

2.0 THE PROPOSAL 2.1 Planning permission is sought for the comprehensive redevelopment of the site to provide a residential development of 109 apartments, comprised of 49 one-bed units and 60 two-bed units; 6 of which will be for First Time Buyers.

2.2 The proposed development is comprised of a total of 6 individual blocks (Blocks A-F) which are separate by a series of landscaped courtyards. The proposals would range from 4 to 6 storeys in height across the development, which includes the undercroft parking across the site at ground-floor level, with habitable accommodation commencing at floor 1 and above.

2.3 From a design standpoint, the proposals would predominantly be developed utilising pitched roofs for individual elements of each block, which is particularly the case for Blocks C and F fronting onto Lake Road and Blocks B and E facing the river. By contrast, Blocks A and D would be arranged perpendicular to the streetscene and river (and by extension the remaining smaller blocks), incorporating a central pitched roof element along their entire length with additional 'ancillary' flat roof elements to provide additional accommodation. The Design and Access Statement which accompanies the application notes that the design approach for the scheme responds to the context of the site, including the adjacent Quay West development.

2.4 The eastern-most building will be constructed on an existing slab which forms the roof of the basement car park for Quay West. Car parking for the new scheme will be at ground level, with the new buildings and raised courtyards positioned above. The scheme incorporates secure cycle storage, bin stores and low/zero carbon energy technology. A further section of riverside cycle/walkway is also to be provided.

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3.0 PLANNING HISTORY 3.1 The adjacent Quay West development was initially approved under PA 05/01706 as a scheme of 73 apartments with 2 commercial units at ground floor/basement level. A series of subsequent amendment applications have resulted in a scheme of 62 apartments with a restaurant and office unit within the ground floor and basement (approved under PA 10/00088/B).

3.2 The application site is within an area for which planning approval in principle was granted for residential development comprised of apartments (PA 05/00245/A). The use of parts of the overall site for car parking was granted under PA 05/02098/B and 07/01222/B. The existing electricity substation in the north eastern corner of the application site was approved under PA 08/02235/B and has been designed so that it can be incorporated into the fabric of future development.

3.3 The application site is also within an area which was the subject of PA 09/01386/B, an application which sought approval for a residential development of 88 dwellings with 4 small commercial units, associated parking facilities and shared open space. The application was refused largely for reasons related to detailed design.

4.0 PLANNING POLICY 4.1 Area Plan for the East (2020) 4.1.1 In accordance with the Douglas Central map within the Area Plan for the East, the site falls within the 'Mixed Use Area 8 (a) - Riverside Gateway'.

4.1.2 The Mixed Use Area 8 - Riverside Gateway is referred to in the Written Statement as follows:

"This area, adjacent to the town centre, presents an opportunity to accommodate changing and evolving leisure time pursuits. The continuation of existing uses would be supported in the short to medium term, with potential comprehensive development in the longer term for bulky retail, leisure activities, residential purposes and office uses where specified."

The site is further subject to Mixed Use Proposal 8a, which notes the following:

"There will be continued support for existing uses in the short-medium term. Consideration will be given to the comprehensive re-development of the area for leisure, retail warehouse (bulky goods), and residential uses. In respect of the area between Lake Road and the River Douglas (Site DM002g) a design scheme may include office development so long as it forms an integral part of a comprehensive scheme for the entire site which is properly master-planned. Proposals would be subject to a flood risk assessment and mitigation and a highway impact assessment which may require alternative access to the area including a bridge over the River Glass. Comparison goods retailing will not generally be supported."

4.1.3 The site is further identified as forming part of Comprehensive Treatment Area (CTA) 3 - Riverside and Peel Road, as identified within the Douglas Central map. The objectives of CTA's as noted to be as follows:

i. Optimise use of land and buildings; ii. Unlock difficult sites; iii. Assist with a co-ordinated approach to development; iv. Improve the urban environment and visual amenity; v. Encourage further investment; vi. Provide for space for Douglas Town Centre to grow; and vii. Improve access and provide better linkages.

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4.1.4 The following provides an overview of CTA 3 with respect to the site as noted in the Area Plan for the East, together with the corresponding proposal for the site:

"This area comprises land to the south of Peel Road including part of Hills Meadow Industrial estate, land west of Railway Terrace and land to the south of Douglas Station including Lake Road and land to the north of the River Glass. The area is currently divided both by the railway lines and by differing site levels. The site provides an opportunity to improve linkages and thus circulation within and around Douglas which would allow for greater development opportunities that may currently be hindered by the capacity of the road network. The Riverside and Peel Road (East) CTA is also a strategic freight corridor and maintaining access for commercial vehicles, including HGV's, must be considered in any proposed development.

The sites could provide for opportunities for development that have larger footprint requirements than some other town centre sites could offer, but there is also the ability to provide development at a higher density than at present. The key to such sites will be improved access including as necessary a bridge over the railway linking the sites and a bridge over the River Glass plus flood mitigation. Any development should include improved pedestrian and cycleway links, particularly alongside the river."

CTA Proposal 3 - Riverside and Peel Road (Treatment Plan) Development of this area could include leisure, retail warehouse (bulky goods) and residential uses. The acceptability of the range of uses and their precise location shall be assessed as part of a development brief taking into account accessibility, highway impact, design, visual impact and flood mitigation. The presence of buried river channels and 19th century water management channels such as mill leats may require carefully engineered groundworks. Provision for a cycle route that links to existing and future cycle networks including the Heritage Trail shall be included.

4.1.5 Likewise, CTA Proposal 6 notes that:

"Within 12 months of the date when this plan is adopted, the Cabinet Office shall publish broad feasibility studies for each CTA reflective of the Treatment Plans set out above. The minimum details shall include:

i. A site context and existing conditions plan, showing levels at the appropriate local datum, existing land uses and building footprints, adjoining roads and access points and land in government ownership. ii. Detailed analysis of the issues and identification of possible solutions/options going forward.

4.1.6 The subsequent feasibility study produced by the Cabinet Office and published in August 2021 provided the following site recommendations with respect to driving forward the site's redevelopment:

o A flood risk management strategy will be crucial in determining appropriate flood risk management measures that are compatible with re-development in this area.

o Early discussions with lenders and developers is recommended, to determine current lending appetites, and inform a phasing strategy for re-development in this area. Early preparation of costings and viability assessments would help to inform these discussions.

o In respect of highways capacity, early discussions with the Department of Infrastructure are recommended. In particular, an additional crossing point across the River would help to alleviate existing conflicts between pedestrians and vehicles at key movement nodes, and break up existing street lengths. Options to allow for a crossing over the railway line should also be explored.

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o Future schemes for development should aim to open up views towards the historic assets associated with the woodland setting, railway and harbour, and build upon the historic legacy of this area to enhance the sense of place.

o The establishment of walled boundaries would help to screen views of service yards and car parking areas. As this area begins to regenerate, waste storage should be discretely located within schemes.

o A full assessment of drainage and utilities provision is recommended, to better understand the relevant constraints in this respect.

o An arboricultural assessment of trees adjacent to the river could help to inform future stewardship of this environmental asset and inform the best location for a future bridge link.

4.1.7 Further to the above, it is also noteworthy that the site has been given a unique site number in the Area Plan for the East, DM002g, which has been included within the Summary of Residential Land Provision table and indicated as having the potential to provide a notional number of 41 dwellings. No further information is provided in this respect, nor indeed has a specific design brief been produced for the site over and above the previously referenced CTA treatment plan.

4.1.8 Additional policies from the Area Plan for the East of material relevance to the proposed development are as follows:

Landscape Proposal 1 Requires applications to demonstrate that consideration has been given to the broad landscape strategies and key views described throughout Section 4.7 of the Plan.

Natural Environment Proposal 1 States that the protection, creation and improvement of green infrastructure will be supported, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Development proposals must identify how they contribute to the long term provision of a network of connected green spaces.

Urban Environment Proposal 2 All new development and regeneration proposals within the Comprehensive Treatment Areas and Douglas Town Centre must demonstrate design elements to provide and enhance areas of public realm through sensitive and context-specific design. 3 Development proposals must make a positive contribution to local character and distinctiveness. Traditional or contemporary approaches may be appropriate, depending upon the nature of the proposal and the context of the surrounding area.

Transport Proposal 1 Requires development proposals to take into account the Active Travel Strategy and any specific actions set out in the Active Travel Action Plan. 2 Seeks to help deliver integrated transport networks. A series of requirements are listed to coordinate the development of all transport modes to provide a comprehensive transport system centred on Douglas and the East.

Utilities Proposal 1 Requires all development to be connected to the appropriate service and utility, which must be capable of receiving a new connection and sustaining it. 2 Seeks to manage the sequence of development in growth areas so ensure services are available from early in the life of new communities.

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3 Sets out the approach to the provision of electricity, telecommunications and gas supply for new developments. 4 Seeks to ensure that water, gas, electricity and telecommunications are provided in shared trenching and routes to minimise construction costs and land allocation for underground services. 5 Sets out the requirements for development proposals with regard to the provision of water supply, sewerage and drainage services and how impacts on flood risk and drainage should be considered in the design of development proposals. 6 Sets out approaches to reducing the impact of flooding, stormwater and overland flow on catchments and neighbouring properties.

Telecommunications Proposal 1 New developments should:

a) Make provision for fibre optic cables directly to each dwelling or commercial premises. b) Within Comprehensive Treatment Areas, be phased so as to ensure that telecommunications structures are installed efficiently and will avoid ongoing disruption to site foundations. c) Design facilities so as to be able to host equipment from more than one operator, and that such sharing be encouraged. d) Demonstrate that the proposal has taken into account radio networks in particular those used by the emergency services (TETRA).

Residential Proposal 2 Requires applications to consider a number of criteria relating to the scale of development; existing green, grey and social infrastructure; biodiversity; phasing, road layout and traffic generation; public open space; access to public transport; need for a Transport Assessment; drainage; landscaping; need for infrastructure service corridors; and archaeological evaluation and mitigation.

Housing Policy 1 Notes that the housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026. 3 The above referenced housing need will include the provision of 2,440 dwellings within the East area.

4.3 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

Strategic Policy 1 Efficient use of land and resources 2 Development focussed in existing towns and villages 4 Development to protect or enhance setting of Registered Buildings, landscape quality and biodiversity, and not result in unacceptable environmental pollution 5 Design and visual impact 10 Sustainable transport 11 Housing needs

Spatial Policy 1 Development within the Douglas urban area

General Policy 2 General Development Considerations 4 Section 13 Legal Agreements

Environment Policy

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4 Protection of species and habitats 5 Mitigation against damage to or loss of habitats 10 Development and flood risk 22 Protection of environment and/or residential amenity from pollution

42 Designed to respect the character and identity of the locality

43 Development and regeneration of run-down urban areas

Housing Policy 1 Housing needs 2 Adequate supply of housing through Area Plans 3 Provision of 2,440 homes in East area during 2011-2026 plan period 4 New Housing to defined existing towns 5 25% Affordable homes requirement

Recreational Policy 3 Requirement for landscaped amenity areas 4 Requirement for public open space

Transport Policy 1 Proximity to existing public transportation services 2 Layouts to link to existing systems 4 Highway Safety 5 Improvements to highway network 6 Equal weight for vehicles and pedestrians 7 Parking Provisions 8 Requirement of Transport Assessment for major development

Infrastructure Policy 1 Development to take place in areas which will be connected to the IRIS drainage system 5 Water conservation and management

Energy Policy 5 Residential development of 5 or more dwellings to be accompanied by an Energy Impact Assessment

Community Policy 7 Designing out criminal and anti-social behaviour 10 Proper access for firefighting appliances 11 Prevention for the outbreak and spread of fire

5.0 ADDITIONAL MATERIAL CONSIDERATIONS

5.1 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.

5.2 Our Island Plan (2022) Essentially sets out the overall ambition and vision for the Island from 2021 - 2026 with core strategic objectives to offer a 'secure', 'vibrant' and 'sustainable' Island. One broad aspect that is noted as a fundamental issue is; "Tackle the housing crisis by ensuring everyone has a suitable and affordable place to call home and our housing stock meets the needs of our population now and into the future". (page 3)

5.3 Climate Change Act 2021 completed its passage through Tynwald in April 2021 and subsequently received Royal Assent in December 2021. The Act requires a statutory five-year

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Climate Change Plan to be in operation at all times, ensuring a clear direction for the Island to achieve net zero carbon emissions by 2050.

5.4 The Climate Change Action Plan 2022-2027 was subsequently produced and published in July 2022 and outlines the actions Government must take to cut emissions over the next five years, so the Island remains on track to be net zero by 2050. The plan assigns a percentage emission reduction target to six policy areas, including energy, transport and agriculture that must be met. Some of the major actions include:

o The provision of carbon neutral electricity supply by 2030 o Bringing forward building regulations to ensure 97% energy efficiency in new buildings o Seeking to bring forward a ban on fossil fuel heating systems in new builds to 2024 o The installation of 20MW of local renewables by 2026 o Future introduction of further support for homeowners and tenants to aid the transition o The setting of a new interim emissions target of 35% by 2030.

5.5 Isle of Man Economic Strategy 2022 Approved by Tynwald in November 2022, the Economic Strategy outlines a 10-15 year strategy which seeks to, "...build a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man".

To achieve this vision, the strategy aims to make the Island a more attractive and prosperous place to live and work which it states will sustain and grow productive businesses and services. The plan outlines a £1bn long term public and private investment programme to secure 5,000 new jobs and a £10bn economy with infrastructure that can support 100,000 Island residents over the next fifteen years to 2037.

In terms of infrastructure and services, the plan seeks to actively invest in key services and infrastructure that attract and retain economically active people supported by a range of targeted incentives and disincentives to sustain targeted growth. The strategy also suggests example initiatives which, amongst other things includes the provision of suitable and affordable housing; housing especially for 20-40-year-olds; further support for the Island's education and skills offering; and affordable accessible childcare. The Plan recognises the importance of prioritising housing delivery in order to provide the housing stock to support the growth of the Island's population, employment and economic growth. The Plan states that without this, the economic potential of the Island will be held back and other policy measures will be less effective.

The strategy also seeks to substantially decarbonise the service part of the economy by 2030, supporting an overall reduction of 35% in the Islands Greenhouse Gas emissions.

5.6 Built Environment Reform Programme (2022) BERP is a two year programme of work set out to develop commitments in the Island Plan to build great communities. The document also promotes brown field sites for regeneration and ways to stimulate development in the widest terms. (Strategic Objective 4)

5.7 Isle of Man Objective Assessment of Housing Need 2024 (May 2024) This document has been produced to assist in the formation of the Island's strategic planning policy and to outline projected future housing need on the Island. The document has not yet been through Tynwald but nevertheless remains a useful document, and is therefore afforded a degree of weight in the determination of planning applications.

6.0 REPRESENTATIONS

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6.1 Douglas City Council - The above planning application was given careful consideration by the Council's Environmental Services Committee at a meeting held on the 13th May 2024 when it was resolved to support the application. Although Committee Members supported the application a concern was raised over some of the travel distances between the proposed apartments and the bin storage areas particularly bin storage area number one. It was accepted that these travel distances would be subject to building control regulations however Committee Members have kindly requested that the applicant considers the possibility that bin store number one could be underutilised which could lead to problems of overuse within the other bin/recycling storage areas. (13.05.24)

Our view is that the scheme does not provide any of the public open space requirement so the full amount will need to be provided off site and its cost covered by a commuted sum. Please note that we are currently reviewing the cost per m2 of providing amenity space and so the amount of the commuted sum required is likely to be higher than shown on the attached (£64,156.50). (11.06.24)

6.2 Highway Services - Previous Highways response dated 17/04/2024 requested a number of revisions and additional information to be provided in order for Highways to complete the assessment. The revision submitted in this submission have addresses all areas raised in the previous response.

An updated road safety audit was produced after request from Highways, incorporating the changes made after the major application process and to now include the pedestrian crossings proposed. The audit did not include those issues raised in the 2023 version to avoid repetition and included issues to later be addressed in the detailed design of the pedestrian crossings.

The previous response requested additional site selection for the TRICS data to use sites not located in London or Greater London, and those with apartment number greater than 100 to more accurately reflect the proposal. The additional site selection only produced an additional four sites, nevertheless, these are comparable sites for the proposal. The resultant TRICS update has actually produced a lower average vehicular movement than the previously submitted. The new data produces an estimated 24 am peak hour movements, 26 pm peak hour movements and 213 daily. The new estimates would see an increased reduction in vehicular movement along Lake Road when considering the removal of the car parks, this reduction being 32 am peak and 31 pm peak. When considering the previous TRCIS data and the updated version, there is an expected net reduction in vehicle movements experienced along Lake Road. The development of Phases 4 and 5 (outside of the scope of this application) would see a further increase in traffic along the road, however as demonstrated in the Transport Assessment, there would likely not be an increase, or produce a marginal increase (depending on the data used) in traffic generation when compared to the current use. As stated in the previous response, the current use of car parks will produce tidal traffic flows as the spaces are primarily used for commuters. The change of use of the site will see a benefit to the local network flow with less peak hour movements. The impact on the local network is acceptable to Highways, and do not consider a wider highway network assessment to be required.

The access arrangements at both accesses have been clarified through the revisions. For the western access, a traditional dropped crossing and tactile arrangement has been provided to guide pedestrians across the access. The eastern access to the undercroft parking has been altered to form a continuous pedestrian footway which drops to road level on both sides.

Revised vehicle tracking has been provided for the site. The internal movement and access to the western access is acceptable as shown. For the undercroft access, tracking in and out of the access and along the 12m entrance can be accommodated two-way. Upon exit/entry to the dropped crossing to the site off Old Lake Road, the tracking shows some vehicle crossover of the lines. If two vehicles attempt to move past each other at the same time, this could lead to a

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side swipe type collision. However, the frequency in which cars would meet at this point is expected to be low, and it is expected that the potential for touching may be recognised by the drivers, and one would wait. The junction onto Old Lake Road is not as crucial to flow as the junction to Lake Road, which can easily accommodate the movements simultaneously, therefore the waiting on-street is acceptable. Alterations and the tracking have also showed that space No.40 can now be accessed when space No.12 is occupied. All doors are now shown to open inwards and not onto the highway.

Revisions to the proposed cycleway adjacent to the river was also requested in the previous response. Those requested were to increase the width of the cycleway to meet the minimum desired 3m, and clarification of the gradient on the eastern side. The applicant has clarified that the first section of the cycleway was constructed in the development of Phase 1, meeting the then accessibility standards. It is not reasonable to impose the current standards on existing infrastructure, and the current arrangement while not conforming to the standards is not likely to cause significant user risk. The remaining sections of the cycleway that are proposed in the development are shown to meet the minimum standards.

Highways further requested upgrades to the proposed crossing facilities along Lake Road and Bridge Road. A zebra crossing was to be provided along Lake Road in order to facilitate the crossing to Tesco and likely increase in crossing movement from the proposed and future developments. The upgrade to Bridge Road is to be in the form of a toucan crossing to also facilitate the likely cycle movement expected as it forms and links to the designated cycle routes. The applicant has accepted the request and provided indicative designs for these. The indicative designs raise no highway concerns at this stage, however the crossings will be subject to detailed design at the Section 109(A) Highway Agreement stage post planning consent, where all other highway works will be addressed too.

The revisions submitted have addressed all highway and road safety issues raised. The proposal raises no significant road safety or highway network efficiency concerns. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements to accord to Drawings No. A_PLN_102 Rev P4; A¬_PLN_103 Rev P3; and A_PLN_106 Rev P5. The Applicant is advised that a S109(A) Highway Agreement is needed after the grant of planning consent. (11.06.24)

6.3 Highways Drainage - No response received at the time of writing.

6.4 Manx Utilities Authority (Drainage) - Please be advised that Manx Utilities have held discussions with the applicants over the drainage implications for the development of 109 apartments at Lake Road and subject to Manx Utilities standard conditions relating to no surface water being connected into the combined sewer and the submission of a completed drainage application form (with full connection proposals) we have no concerns with this application. (10.06.24)

6.5 Manx Utilities Authority (Electricity) - We have been having ongoing correspondence with the applicant regarding this site and have no concerns regarding electricity supplies to this development. New electricity supplies will be provided from the existing substation on the site. (30.05.24)

6.6 Flood Risk Management - We have reviewed the FRA and find it to be within tolerances. (18.04.24)

6.7 Registered Buildings Officer -

Proposal This application proposes to construct a development that comprises six apartment buildings above a shared car park level. Four of the buildings would be three storeys high above the car

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park deck, while two of the buildings would be five storeys high. A mix of flat and pitched roofs are proposed, with the pitched roofs finished in slate. Wall finishes proposed are white painted render, composite cladding, zinc cladding, stonework and hanging slates.

Impact on setting of Douglas Railway Station (RB 74) As a registered building, the Department has a statutory duty under section 16 to protect the building's setting. It is evident when stood on the station platform that in the past the Clinch's Court development on the other side of Bank Hill has caused significant harm to the building's setting. It is therefore important to fully assess the potential impact of this development on the setting of the station in order to avoid any further harm.

The applicant has submitted a visualisation of how the proposed development would look when viewed from the station platform. From this location, the development would appear as the background, and part of the setting, of the registered building. A search of the iMuseum records has shown some images of the buildings historically situated on the site, used as the saw mill and workshops. These images appear at the end of this consultation response. The mill and warehouse buildings that previously occupied the site generally had pitched roofs, with roofs and walls clad in metal sheeting or boarded timber. The proposed buildings would in some respects seek to replicate this form, with pitched roofs and a variety of wall cladding proposed. The proposed buildings, particularly those noted as blocks A and D, would be significantly taller than the buildings that historically occupied the site. The visualisation supplied as seen from the station platform suggests that all of the proposed buildings would sit below the top of Carnane, the hill that forms the backdrop to the view in a southerly direction from the station. Although there is significantly more glazing in the proposed buildings than would be the case with a historic mill or warehouse building, the form and massing together with their distance from the station building(s) is judged to be such that the proposals would not harm the setting of the registered building.

Impact on the setting of Arch Tower (RB 217) Dating from 1853, this building is one of the few mid-19th century buildings to survive on Douglas's South Quay and the cliffs behind. Although actually nearer the application site than Douglas Railway Station, given the trees around Arch House, the industrial buildings lower down the slope and the river between the building and the application site, it is judged that no harm would be caused to Arch House's setting.

Impact on setting and views into/out of the North Quay Conservation Area Much of the North Quay Conservation Area is masked from the application site by the existing Quay West building. However, the boundary of the Conservation Area extends to the Banks Circus roundabout, approximately 55 metres from the application site. Environment Policy 36 of the Strategic Plan states 'Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area.' It is judged that the scale and position of the development has the potential to impact views into the Conservation Area from Leigh Terrace, and views out of the Conservation Area from its western boundary. Although the development would block the view of the western elevation of the railway station from Leigh Terrace, it is clear from the finish of the brickwork on the Custom House south elevation (Custom House was historically part of the railway station and is within the Conservation Area boundary) that this was not intended as a significant or principal elevation.

With this in mind, the fact that this development would block this view is not considered to be of sufficient impact to warrant an objection to the scheme from a building conservation point of view. With respect to the view out of the Conservation Area from its western boundary, this view currently includes the vacant application site and the concrete deck that covers the western end of the Quay West phase 1 car park. Although the buildings along Leigh Terrace, on the south bank of the river, would now not be generally visible from this part of the Conservation Area, the reintroduction of substantial buildings on the application site is

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something that was present historically. Photographs from the iMuseum that are included at the end of this submission show that the land between the railway station and the river were densely populated with substantial buildings. With this in mind, I would consider the proposed form, style and massing of the buildings proposed to be such that it would not detrimentally affect the view out of the Conservation Area. (11.06.24)

6.8 Manx National Heritage - No response received at the time of writing.

6.9 DEFA Biodiversity - The Ecosystem Policy Team can confirm that we are content with the information submitted in support of this application. The application is not accompanied by an ecological assessment. However considering the current developed nature of the site, and accompanying ecological measures, which include a CEMP containing measures for the protection of the river and Wildlife Site and downstream Douglas Bay Marine Nature Reserve, we do not consider that one is required here.

Should this application be approved we request the following conditions are secured on approval:

o All works must be undertaken in full compliance with the Site & Construction Environmental Management Plan (Issue No. 1.2 dated February 2024). Any changes to the measures contained with this plan must be submitted to Planning and approved in writing; o All landscaping must be undertaken in full compliance with the details contained in the Landscaping Plans (Drawing Nos. A_PL_130 Rev P2, A_PL_131 Rev P2 & A_PL_132 Rev P2) and Planting Schedule (Drawing No. A_PL_133@A1). Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft landscape works shall be permanently retained in accordance with the approved details; o Bat and bird boxes must be installed as per the details contained in the Bat and Bird Box Locations (Drawing No. A_PL_135 Rev P2); o Permanent external lighting must be installed as per the details contained in the Horizontal Illuminance Drawings (Drawing Nos. A_PL_141, A_PL_142 & A_PL_143). o No external clear glazing shall be installed unless a plan detailing the measures to prevent bird strikes has been submitted to Planning and approved in writing. Measures could include use of etching, ultraviolet coatings or decals. 917.04.24)

6.10 DEFA Fisheries - I can confirm that DEFA fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river. The area of river in question is also a valuable migratory fish spawning ground, as such we would request that no direct exterior lighting be directed onto the river. (21.05.24)

6.11 Department for Enterprise - The Business Agency reiterates its support for these proposals which will bring social and economic benefits to both the local area and the Island as a whole, vis the provision of new housing for which there is a current need, including affordable housing within the stated target of +1000 additional homes occupied by the end of the parliamentary term. When assessed in the context of the Department for the Environment, Food and Agriculture's Supplementary Planning guidance on Economic Issues the development as proposed will contribute positively to the delivery of the approved Isle of Man Economic Strategy. (23.05.24)

6.12 Isle of Man Fire Service - Officers who regularly carry out inspections of flats under the Fire Precautions Act 1975 are increasingly finding that communal means of escape are being used to store electric powered vehicles such as bicycles, mobility scooters and other devices.

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Where officers identify such contraventions they will take action to ensure these issues are remedied, however, as you are aware, the Fire Precautions (Houses in Multiple Occupation and Flats) Regulations 2016 are self-regulatory and there is no regular inspection program for flats. This Department would therefore strongly advise that the proposed sprinkler system be extended to cover the communal means of escape. With regards to the ground floor open-sided carpark sited directly below the apartment blocks, we would, as discussed during the meeting, strongly advise that this area also be covered by a suppression system. In light of the imminent introduction of Approved Document S (Infrastructure for the Charging of Electric Vehicles), you are proposing to provide facilities for residents to charge electric vehicles, and are anticipating future demand for charging points with the proposed phasing out of conventional ICE vehicles. Electric vehicles present a greater risk within carparks, and recent events in the UK show that fires within carpark spaces spread quickly and can be difficult to control. The IOMFRS has limited resources, and unlike our colleagues in the UK, do not have the option for cross border assistance from neighbouring Fire & Rescue Services. The FRS does not have the vires to impose the requirement for sprinklers to be provided, but would strongly advise in doing so for the reasons stated above. (02.06.24) 6.13 Isle of Man Constabulary - Having reviewed the application for Quay West Apartments, I have no comment to make at this time. (31.05.24)

6.14 Environmental Health - In Section 7.1 it states that the 'Clean ground water will be pumped off site via a silt buster and allowed to discharge into the river'. Prior to discharging water from the site into the River Douglas the applicant will need to contact DEFA EPU and/or DEFA Inland Fisheries so the measures can be reviewed to protect the receiving watercourse. EPU do not have any concerns regarding the waste aspects in the CEMP. (28.03.24)

6.15 Planning policy - No response received at the time of writing.

6.16 Public Health - No response received at the time of writing.

6.17 Department of Infrastructure Public Estates Division - We refer to the aforementioned planning application, and we can confirm that we have held discussions with the applicant regarding the provision of affordable housing as part of the proposal.

Current data drawn from Housing Division records for Douglas and the East of the Island indicates that there are 275 persons on the general public sector waiting list for affordable housing to rent. The great majority of these persons are seeking housing rather than apartments. The demand for apartments for public sector rent in Douglas was to some extent satisfied by the creation of 70 new apartments built for Douglas City Council on Peel Road in 2022. There are plans for a further substantial number of apartments in Upper Douglas for which Douglas City Council has expressed an interest in acquiring a further 40 units.

There are 121 persons on the First-time Buyers Register seeking to purchase a first home in Douglas and the East of the Island. Of this number, 71 are on the Active Buyer List intending to purchase a home within the next 12-24 months. This figure is not indicative of likely final purchases as the ability to progress to completion would depend upon personal circumstances and mortgage ability at point of allocation. Until 2023, the Department did not accept apartments for first time buyers as the additional financial burden of ground leases and service charges at a time when buyers could least afford to pay these costs was seen as unacceptable.

However, the Department has in the very recent past contacted single persons and couples on the FTB Register, who might qualify as purchasers of affordable apartments in Douglas and the East, to establish likely demand for apartments. There is clearly current demand for a small number of apartments and accordingly the Department has requested that the applicant includes a limited number of six 2Bed affordable apartments in this Phase 2 of the Quay West development. If the Department is successful in bringing forward qualifying nominees to

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purchase these apartments then should a further phase be planned for this site in the future the Department may request a greater proportion of affordable units.

The Department has agreed a Commuted Sum of £51,800 in lieu of each of the remaining affordable apartments which, if the Committee agrees with the provision of 6 affordable apartments in this phase, then the Section 13 Agreement would stipulate that there would be 21.25 Commuted Sums payable during the course of the development (25% of 109 units, 27.25 total, less 6 affordable units). This would yield £1,100,750, which would be placed into the Housing Reserve Fund and utilised exclusively in the construction of new, and maintenance of existing, affordable housing.

Accordingly, the department would request that consideration be given by the Planning Committee to include a requirement, in respect of any approval granted for this site, for the applicant to enter into a Section 13 Agreement with the Department to provide six affordable housing units, with the balance of 21.25 units converted to Commuted Sums as quantified in the previous paragraph. (14.06.24)

6.18 One letter of private representation have been received providing the following comments:

Living on Peel Road, I frequently access the amenities and roadways at North & South Quay/Banks Circus, road congestion is clearly an issue. This proposed development together with the indicated later development will, despite the attempted mitigations, exacerbate current problems without more significant and extensive road management activities being undertaken before the development proceeds. It should also be noted that Dandara has purchased properties on the direct opposite bank of the river to presumably undertake similar developments. Hence, the studies conducted some time ago by the DOI to manage/reduce traffic levels in this area should be revisited and implemented before any further development takes place.

This proposal is another large, high-density development which seeks to minimise the impact of its vehicular 'footprint' by citing the unproven benefits (in an Isle of Man setting) of the 'active travel' philosophy. Several million pounds has been spent over the past 10 years on developing infrastructure and routes and yet the proponents within the DOI have admitted they are unable to verify if it has resulted in reduced traffic levels and increased bicycle use. Continuing to allow developers to utilise this flawed and unproven approach risks condemning lower and central Douglas to decades of traffic congestion.

In accepting the need for development of this temporary car park site there should also be a concern that most of the properties will be bought up as buy-to-let and hence not alleviate the affordable housing problems. The developer does however have a unique opportunity to demonstrate the issues of active travel and buy-to-let have been addressed at this location by surveying all the current property owners at the adjacent first phase. The results should provide compelling evidence its assertions are correct.

7.0 ASSESSMENT 7.1 The main issues to consider in the assessment of this planning application are as follows:

• Principle of development

(STP1,2,11, SP1, H1-5)

• Character, design and visual impact

(STP4,5, GP2, EP42,43)

• Residential amenity and open space (GP2,EP22)
• Ecology and biodiversity

(EP4,5)

• Highways impacts and parking

(STP10, TP1-8)

• Drainage and flooding

(EP10, IP1,5)

• Affordable housing

(GP4, HP5)

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7.2 PRINCIPLE OF DEVELOPMENT 7.2.1 The application site falls within the urban area of Douglas which is noted to remain the main employment and services centre for the Island in accordance with Spatial Policy 1, whilst further being the main focus for new residential development. The site is also located within the Riverside Gateway Mixed Use Area as noted in Map 5 - Douglas Central, in the Area Plan for the East (APE), whereby consideration will be given to the comprehensive redevelopment of the area for leisure, retail warehouse and residential uses in accordance with Mixed Use Proposal 8a of the APE.

7.2.2 Moreover, the site forms part of a larger area designated as a Comprehensive Treatment Area (CTA). The redevelopment of the area is subject to CTA Proposal 3 of the APE, the aims of which largely reflect those of Mixed Use Proposal 8a with respect to the support of its redevelopment for residential purposes.

7.2.3 Whilst the site is zoned for mixed use purposes, both of the above referenced proposals of the APE allow for a degree of flexibility in terms of the uses delivered and do not require the delivery of a range of the uses which are listed as being appropriate.

7.2.4 The site further forms part of a wider allocation within the APE to provide a notional number of 41 dwellings, which lends further support for the redevelopment of the site for residential purposes. It is recognised that the site in question comprises only a portion of the wider allocated site, which includes the adjacent Quay West 1 development to the East and additional land under the ownership of the applicant to the west. Moreover, the proposals seek for the redevelopment of the site to provide 109 apartments, with a further 62 apartments having been developed as part of the Quay West 1 scheme. Nevertheless, the 41 dwelling figure provided in the APE is a notional one and does not act as a glass ceiling, providing that the development of the site as proposed would be acceptable in all other planning matters with respect to design, amenity, layout and density.

7.2.5 On this basis, the principle of redeveloping the site for solely residential purposes is not considered to conflict with the aims and objectives of the APE, whilst further amounting to a highly efficient re-use of a fairly prominent brownfield site in the centre of Douglas.

7.3 CHARACTER, DESIGN AND VISUAL IMPACT 7.3.1 The proposals seek a comprehensive redevelopment of the site to provide a total of six apartment blocks ranging between four and six stories in height. The design and layout of the scheme has been largely formed by the site's riverside location and appears to have taken inspiration from the site's historic use for industrial and commercial purposes, particularly through the tall gabled blocks interconnected with one another that appear akin to a modern take upon historic commercial warehouse development. Whilst is appreciated that such form of development is not entirely traditional and symptomatic with historic development styles in Douglas, the general design language of the proposals as noted throughout the design statement is recognised and not objected to in principle given the generally high standard of development proposed.

7.3.2 The wider scheme incorporates significant areas of formal landscape through the use of shared courtyards and additional green spaces that seek to enhance the development's wider sense of place and visual contribution to the immediate locality. This further acts as a way of breaking up the massing of the development and ensuring increased connectivity between public and semi-private spaces.

7.3.3 The proposals have sought to introduce a strong defined visual presence along the Lake Road frontage which allows for a continuation of development that successfully links in with the existing phase at Quay West 1. Moreover, the development further provides a strong visual interaction with the adjacent river and allows for continued connectivity for pedestrians along

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the widened footpath/cycleway adjacent to the river itself, thereby further contributing to an improved sense of place and relationship with the river.

7.3.4 In terms of scale, there is general conformity with the adjacent initial phase of development, in particular blocks A and D, are noted to comprise a greater scale that provide visual statements within the site, whilst contrasting to the additional blocks which front directly onto both the river and Lake Road streetscene with the series of gables in a more commercial/warehouse fashion. Likewise, the layout of the development is largely reflective to that of the initial phase albeit that the proposals consist of separate blocks as opposed to the single built form that is evident for the initial phase.

7.3.5 The design statement notes that the proposals would utilise a wide array of materials for the external construction, including the use of stonework composite cladding and slate roofs. Such a visual appearance and use of materials palette is largely consistent with phase 1 and further contributes to the site's immediate setting. Nevertheless given the site's proximity to the conservation area and noting the scale and visual prominence of the proposals, further details of the exact materials to be used in the construction would be required by way of condition as further recommended by the registered buildings officer.

7.3.6 A further positive of note with respect the development and its layout is the use of communal courtyard and landscape areas which provide clean visual brakes between each individual block and therefore allowing clear views from the street scene towards the river itself and Old Castletown Road further south. Likewise, direct views between each block would be achieved from Old Castletown Road when looking north towards Lake Road and the railway station further beyond, which is also Registered.

7.3.7 From a heritage standpoint the registered buildings officer has considered the impact of the development upon the setting of both of these heritage assets (together with additional assets further away) and has concluded that such an impact would be largely neutral. The site is presently devoid of built development and therefore the proposals would clearly result in a significant material change and degree of visual prominence. However, it is considered that the design form and mass of the scheme when taken as a whole would result in a positive contribution to the immediate streetscene and indeed more long distance views from the north, including the railway station.

7.3.8 The proposals are considered to successfully integrate with the design, scale and massing of phase 1, particularly through the use of dual pitched roofs with flat roofed elements with respect to blocks A and D and therefore provide a successful degree of continuity between each of the phases. Moreover given the layout of the development as proposed it is not considered that the proposals would prejudice the future development of the wider site allocation as highlighted in indicative plans accompanying the submission, particularly when noting what could be achieved in phases 4 and 5.

7.3.9 In summary, the proposals will allow for an efficient reuse of a parcel of land presently devoid of built development which is further allocated for being redeveloped in accordance with the Area Plan for the East. The design, scale, form and massing of the proposals are considered to be of a high standard whilst being successfully broken up by the proposed amenity and landscape areas which allow for pedestrian connectivity between Lake Road and the footpath adjacent to the river. The proposals are considered to result in a visual improvement with respect to the site's immediate locality and indeed the wider setting whilst further resulting in a neutral to moderately positive impact upon the setting of the adjacent conservation area and registered building.

7.3.10 The site in its current form comprises a brownfield gap site which notably represents a degree of harm to the character of the adjacent Conservation Area and key public vistas both within the streetscene and the wider locality, and therefore its comprehensive redevelopment

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as proposed is strongly welcomed from a visual standpoint. The development is therefore deemed to be acceptable from a design and visual impact perspective, in compliance with Strategic Policies 4 and 5, General Policy 2, and Environment Policies 42 and 43 of the Strategic Plan.

7.4 RESIDENTIAL AMENITY AND OPEN SPACE 7.4.1 The key consideration to assessing the impact of development upon the immunities of existing residential properties is that of those residing in the existing residential block of Quay West 1. In this instance, it is recognised that the principal eastern elevation of block A is cited circa 18 to 21m from the far western elevations of the initial phase. The residential design guide recommends a 20m distance between elevations of properties where habitable rooms would be present in order to safeguard privacy.

7.4.2 Therefore, it is recognised that there would be a slight encroachment upon this recommended distance with respect to the northern portion of block A on the eastern flank versus the western elevation of the northern wing of the existing phase. Nevertheless, such windows existing within the initial phase of development appear to constitute secondary windows serving habitable rooms which benefit from an additional aspect facing southward.

7.4.3 Moreover, the residential design guide further states that in dense urban areas, the 20m distance rule can be relaxed given that a degree of mutual overlooking is to be expected in such locations. On this basis, it is not considered that realistic views from the new development would adversely impact the amenities of apartments residing in phase 1 with respect to overlooking and the modest level of mutual overlooking which would potential be afforded is considered to be acceptable in this instance.

7.4.4 Furthermore, overshadowing which would likely result from the development of block A with respect to the initial phase of development is not considered to be significant with only minor increases of overshadowing likely to be expected in the very latter parts of the day. In any case, the entirety of the site is allocated for development in the Area Plan for the East, and therefore the initial phase of Quay West was granted planning permission and subsequently developed with it clear in mind that the remainder of the wider site allocation would be developed at a future point in time.

7.4.5 Turning to the impact of the proposed development upon the amenities of properties to the south on Old Castletown Road, it is recognised that the scale and massing of the development is not insubstantial, with the presence of a significant number of windows serving habitable rooms present in the south (river) facing elevation of the new apartment blocks. Nevertheless, the retained separation distance between the south facing elevations of the proposed development closest to the river and the front elevation of the closest properties on Old Castletown Road would stand at circa. 45m.

7.4.6 Notwithstanding the difference in scale, it is considered that such a separation distance would be more than sufficient to ensure that the amenities of existing properties would not be materially impacted with respect to overlooking or loss of light and overshadowing. Clearly the proposals would significantly alter present long distance views from properties within Old Castletown Road looking northward towards the train station, however such matters are not considered material in any case. On the basis of the above therefore, the proposals are considered to sufficiently safeguard the amenities of surrounding residential properties.

7.4.7 Turning the quality of life for future residents of the proposed development, it is important to consider the relationships between each residential block, whether the level of mutual overlooking is considered to be acceptable in such an environment and indeed whether the quality of private/semi-private spaces afforded to residents is sufficient.

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7.4.8 Following review of the submitted plans, it is evident throughout the scheme that a distance of circa. 18 to 20m between elevations contained windows serving habitable rooms has been achieved. This is considered to be appropriate in the context of the site's urban location and noting the high density of the scheme.

7.4.9 Where distances between elevations are further below the 20m requirement in the residential design guide, the blocks have been deliberately designed and laid out to ensure that windows serving habitable rooms would not be facing each other. A notable example being the lack of fenestration in the eastern elevation of Block C. Moreover, the use of oriel windows is noted throughout the scheme to ensure that oblique views between habitable windows would not be possible. In such instances, only directly views towards the river would be achieived form habitable rooms (i.e. from Blocks B and E), or acute angled views between habitable rooms at a distance of circa. 15m (i.e. Blocks C and F). On this basis and again given the site's location in a dense urban area, the proposals are considered to be acceptable with respect to the living conditions of future occupants and the impact of each block upon the other.

7.4.10 The proposals are further considered to provide reasonable degrees of communal open space in the form of landscaped courtyards and additional green spaces throughout the scheme, and providing pleasant and welcoming places for future residents to utilise. Whilst it is recognised the proposals do not comprise any formal public space as required by Recreation Policy 3, it is considered that the delivery of formal public open space on such a high density and modestly sized site would be impractical. In any case, the above referenced policy does make allowances for such a scenario, provided that a commuted sum be paid to the local authority as a contribution towards the provision of community recreational open space. Such a contribution can be sufficiently secured via a Section 13 legal agreement, with a figure having already agreed between the local authority and the developer.

7.5 ECOLOGY AND BIODIVERSITY 7.5.1 The submission is accompanied by a Construction Environmental Management Plan (CEMP) which outlines the various measures which would be undertaken by the developer in relation to a wider array of environmental matters. The document further includes at Appendix B a Precautionary Working Methods (PCW) statement which specifically notes standard working practices which would be undertaken with respect to the protection of species and habitats which may be present within the site, together within ensuring the protection of the adjacent river and groundwater source protection zones from contaminants and pollutants during the construction phase.

7.5.2 Whilst it is noted that the submission has not been accompanied by a specific ecological assessment, the Ecosystems Policy Officer has considered this to be acceptable on the basis of the site's present developed condition in the form of a surface level car park which is largely devoid of any vegetation. Moreover, the proposals include a comprehensive landscaping scheme which would result in a significant improvement with respect to the site's biodiversity credentials. Such a scheme has been supported by the Ecosystems Policy Officer and its delivery would be secured by way of condition. Likewise, the scheme includes details of bird and bat boxes to be installed within the site, the introduction of which would make a positive contribution with respect to on-site biodiversity. Details of permanent lighting have also been included within the submission and found to be appropriate by the Ecosystems Policy Officer, subject to being conditioned.

7.6 HIGHWAYS IMPACTS AND PARKING 7.6.1 The application is accompanied by a Transport Assessment (TA) which, with respect to the development proposals, concludes that "it has been clearly demonstrated that the Phase 2 and 3 application proposals and future Phases 4 and 5 will not generate a significant number of vehicle movements onto Lake Road and therefore it is concluded that it is not necessary as part of this application to consider the impact on a wider area of the transport network including the need or otherwise for a new bridge link from Lake Road to Castletown Road". The TA further

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concludes that "vehicular and non-vehicular access to the application proposals accord with the policies of both the Isle of Man Strategic Plan, 2016 and the area Plan for the East, 2020, and hence that the trips which they are likely to generate can be accommodated on the local highway network without detriment to the safety or convenience of its users".

7.6.2 Amended TRICS data submitted in response to initial comments raised by Highway Services produced an estimated 24 am peak hour movements, 26 pm peak hour movements and 213 daily. This data was based on a number of comparable UK sites across the UK, with the amended data having omitted results from Greater London sites at the request of Highways, with 4 additional comparable sites having been included within the data. The new estimates would see an increased reduction in vehicular movement along Lake Road when considering the removal of the car parks, this reduction being 32 am peak and 31 pm peak.

7.6.3 As noted in the previous response from Highways, the current use of car parks will produce tidal traffic flows as the spaces are primarily used for commuters. The change of use of the site will see a benefit to the local network flow with less peak hour movements. The impact on the local network is therefore deemed acceptable to Highway Services, and do not therefore consider a wider highway network assessment is required in this instance.

7.6.4 The access arrangements at both accesses form Lake Road have been clarified through the submission of revised drawings and vehicle tracking information. In relation to the western access, a traditional dropped crossing and tactile arrangement has been provided to guide pedestrians across the access. Likewise, the eastern access to the undercroft parking has been altered to form a continuous pedestrian footway which drops to road level on both sides.

7.6.5 Revisions had been requested by Highways in relation to the proposed cycleway adjacent to the river to meet the minimum desired width of 3m. However, from clarification from the applicant that the cycleway would extend off the existing (2m in width) which met the accessibility standards of the time of the approval for Phase 1, Highways have considered it unreasonable to improve the current standards on existing infrastructure and therefore consider the arrangements would not likely cause significant risk to future users.

7.6.6 Following the submission of revised vehicular tracking information, Highways consider that the proposed arrangements are now also acceptable. Moreover, further requested upgrades to the proposed crossing facilities along Lake Road and Bridge Road were initially put forward by Highways. A zebra crossing was to be provided along Lake Road in order to facilitate the crossing to Tesco and likely increase in crossing movement from the proposed and future developments. The upgrade to Bridge Road is to be in the form of a toucan crossing to also facilitate the likely cycle movement expected as it forms and links to the designated cycle routes. The applicant has accepted the request and provided indicative designs for these. The indicative designs raise no highway concerns at this stage, however the crossings will be subject to detailed design at the Section 109(A) Highway Agreement stage post planning consent, where all other highway works will be addressed too.

7.6.7 With respect to car parking, the proposals provide a total of 109 parking space which equates to 1 per dwelling. With the inclusion of 60 two-bed apartments, this equates to a shortfall of 60 parking spaces when assessed against the parking standards outlined in the Strategic Plan at Appendix 7. Nevertheless, as noted in the accompanying Transport Assessment and Travel Plan, the development is located in a central part of Douglas, with very easy access to Tesco, together with other facilities and services within an acceptable distance for walking or cycling. The TA has demonstrated that services and facilities, including public transport, are within the recommended desirable or maximum distances for walking and cycling. The inclusion of the travel plan within the application aims to encourage residents to use alternative forms of travel than private vehicles. On this basis and noting the site's highly sustainable and central location within Douglas, the reduced provision of on-site parking spaces is considered to be acceptable.

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7.6.8 In summary, the revised proposals have been found acceptable by Highway Services who considered that the development raises no significant road safety or highway network efficiency concerns, subject to conditions in relation to the implementation of consented access arrangements.

7.7 DRAINAGE AND FLOODING 7.7.1 The site falls within an area which is identified as a High Risk Flood Zone (River and Tidal) on the DoI flood map. The submission notes that the development as proposed has been designed so as not to result in an unacceptable risk from flooding either on or off-site, with the application having been accompanied by a Flood Risk Assessment (FRA) and Hydraulic Modelling Report.

7.7.2 The submitted FRA determines that all residential accommodation will be flood free during all simulated events, and that the proposed development has no off-site impact up to and including the 1% AEP plus 30% CC fluvial event and 0.5% (year 2123) tidal event. Flood risk is therefore limited to the ground floor car park, bin stores and entrance lobbies. The FRA has identified a number of flood resilience measures which should be implemented in order to minimise risk to the car park.

7.7.3 In particular, it is proposed that all rainwater falling onto the podium and roof structures will be collected within the stormwater drainage system and discharged directly into the River Douglas. Storage may be required for periods of high tide, and this is considered within the FRA. The ground floor car park will be laid to falls and drained through gulleys within the car park slab. Gulleys will be connected into a stormwater manhole and discharged into the combined sewer running within Lake Road. Foul drainage will be collected within a separate foul drainage system which will be discharged into the combined sewer running within Lake Road.

7.7.4 Following review of the scheme and the submitted FRA, the DoI Flood Risk Management Division have confirmed they are content with the application on the basis of flood risk. The following mitigation has been recommended within the submitted FRA and would be conditioned in the event planning permission is forthcoming:

Install electronic control units at first flood level. Raise electric sockets and fittings as high as practical at ground floor level.

Install a barrier at the vehicular access points to the ground floor car park to prevent vehicles from being conveyed in flood flows.

Any drainage discharges or outlets in the flood wall in the southern extent of the site should be fitted with non-return valves.

7.7.5 On the basis of the above, the proposals are considered to be acceptable from a flood risk perspective insofar as future residents of the development would be sufficiently safeguarded in the event of an extreme flood event, with the development further not considered to result in an unacceptable level of off-site flood risk.

7.7.6 In terms of surface water drainage, this would be collected within the stormwater drainage system and discharged directly into the river. Manx Utilities Authority have raised no objections over the principle of the surface water drainage strategy but state that a condition should be attached to the decision notice stating that no surface water can be discharged into the public sewer. Foul water drainage is to be collected within a separate drainage system and discharged into the combined sewer running along Lake Road. No objections have been raised by MUA on this basis.

7.8 AFFORDABLE HOUSING

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7.8.1 Housing Policy 5 of the Strategic Plan indicates that the Planning Authority will normally require that 25% of provision should be made up of affordable housing which will apply to developments of 8 dwellings or more. A Section 13 Legal Agreement would need to be entered into by the applicant and the Department to ensure the affordable housing is provided.

7.8.2 The proposals would necessitate a total provision of 27.25 affordable units across the scheme on the basis of the 109 unit scheme proposed. The applicant has stated that a total of 6 no. apartments will be given over as affordable housing for First Time Buyers, whilst the remaining provision (equivalent to 21.25 units) would be secured via a commuted sum in lieu of on-site provision through the Section 13 agreement, with a figure of £51,800 having been agreed in principle between the DoI Public Estate's Division and the developer.

7.8.3 Comments received from the DoI in relation to affordable housing note that, based upon recent surveys conducted by the Department, there is evidently a current demand for a small number of apartments in Douglas and the East of the Island. On this basis, the DoI requested that the developer include 6 no. affordable 2-bedroom apartments for First Time Buyers as part of the submission. The DoI further note that should the Department be successful in bringing forward qualifying nominees to purchase these apartments, then a greater proportion of affordable units may be sought on further phases of the wider site (i.e. Quay West phases 4 and 5).

7.8.4 Presently however, the level of on-site provision proposed has been the result of discussion between the DoI and developer, with the remainder of the affordable housing contribution to be delivered by way of a commuted sum (£1,100,750), which would be placed into the Housing Reserve Fund and utilised exclusively in the construction of new, and maintenance of existing, affordable housing. On the basis of the on-site provision having been agreed as appropriate by the DoI in light of only the modest level of quantifiable demand at this stage, together with the additional commuted sum, the proposals are considered to be acceptable from an affordable housing perspective and meet the requirements of Housing Policy 5, subject to such provision being further secured through a corresponding Section 13 legal agreement

8.0 CONCLUSION 8.1 The application site is identified for development and the proposal is judged to comply with the site allocation, as further detailed within Comprehensive Treatment Area Proposal 3. The proposals are considered to constitute a high standard of design, without resulting in a detrimental impact upon the amenities of occupants of the adjacent residential development. The proposals are deemed to give rise to a positive impact upon the character and appearance of the wider locality and setting of the adjacent Conservation Area by redeveloping a prominent brownfield site, whilst further delivering a significant number of new apartments which is afforded significant weight.

8.2 The proposals would further not result in a detrimental impact upon the safety and convenience of the local highway network, whilst further being deemed acceptable from a flood risk perspective. The development is therefore deemed to comply with Strategic Policies 1,2,4,5,10,11, Spatial Policy 1, General Policies 2,4, Environment Policies 4,5,10,22,42,43, Housing Policies 1-5, Recreational Policies 3,4, Transport Policies 1,2,4-8, Infrastructure Policies 1,5, Energy Policy 5 and Community Policies 7,10,11 of the Isle of Man Strategic Plan 2016, relevant policies of the Area Plan for the East 2020 and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons contained within this report, subject to the attachment of conditions listed on any forthcoming decision notice.

9.0 INTERESTED PERSON STATUS 9.1 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);

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(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.

9.2 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

9.3 The Department of Environment Food and Agriculture (DEFA) is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __

This Officer recommendation to approve this application subject to the applicant entering into a legal agreement was originally considered at a meeting of the Planning Committee where the members determined to approve the application subject to a legal agreement securing provision of

Affordable Housing

Public open space

At that meeting the Members wished it minuted that once such agreement was in place the decision to approve the application could be made under the authority delegated to an appropriate officer of the Directorate.

In accordance with that instruction, this application has been ultimately determined in that manner.

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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 : ...Permitted... Committee Meeting Date:...24.06.2024

Signed :...T COWELL... 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

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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PLANNING COMMITTEE DECISION 24.06.2024

Application No 24/00310/B Applicant Dandara Homes Limited Proposal Residential Development Comprised of 109 Apartments and Associated Infrastructure Site Address Land Adjacent To Quay West Apartments, River Douglas And Lake Road Douglas Isle Of Man Planning Officer Toby Cowell Presenting Officer As above - Addendum to the Officer Report The case officer proposed moderate amendments to conditions 4, 5, 7 and 14 at the committee meeting which were subsequently agreed unanimously by members. The revised wording of the conditions in question is as follows:

C 4. Full details of cycle parking facilities as noted on the approved plans shall be submitted to the Department for approval in writing and thereafter implemented in accordance with the approved drawings. The cycle parking facilities for each residential block shall be provided prior to the first occupation of any apartment within that block, and thereafter retained in perpetuity in accordance with the approved drawings.

Reason: To ensure the delivery of appropriate cycle parking facilities.

C 5. No above ground works shall commence until sample details of all external wall finishes and roof finishes have been submitted to and approved in writing by the Department. The finishes are to be installed in accordance with the approved details, and be retained thereafter.

Reason: To preserve the setting of the nearby registered building, preserve the character and appearance of the surrounding area and to not affect adversely views into or out of the Douglas (North Quay) Conservation Area.

C 7. The first apartment within each residential block hereby approved shall not be occupied or operated until the internal arrangements for that block relating to car parking, including that for the mobility impaired; electric vehicle charging; bin storage; and internal vehicle routes as shown on the approved plans have been implemented. Such areas shall not be used for any purpose other than those which have been consented, and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

C 14. For the avoidance of doubt, no discharge of surface water into the combined public sewers from any part of the development is permitted.

Reason: To ensure an appropriate drainage strategy for the site.