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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90205/B Applicant : Lemac Power Proposal : Change of use to electric vehicle charging station with erection of solar panels, twelve charging bays, installation of storage containers and creation of new vehicular access Site Address : 25 South Quay Douglas Isle Of Man IM1 5AR

Principal Planner: Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Refused Date of Recommendation: 28.05.2025 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. The proposed use as an electric vehicle charging station car park business would not be in accordance with the land use designations and Mixed Use Proposal 7 of the Area Plan for the East 2020. Furthermore, such use would likely also detract from neighbouring sites from being development in compliance of Mixed Use Proposal 7, given the proposed use and appearance of the site in question.

R 2. The proposal would be contrary to Environment Policy 36 and General Policy 2 as the proposal would detrimentally affect important views into and out of North Quay Conservation Area.

R 3. The use of the site as an electric vehicle charging station car park would reduce the likelihood of a prominent brownfield site being brought forward and this would be contrary to Strategic Policy 1 of the IOM Strategic Plan 2016.

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Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

DOI (Highway Services, Highways Drainage & Flood Risk Management) - No objection subject to conditions.

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It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection:

Local Authority - Objection __

Officer’s Report

THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF HEAD OF DEVELOPMENT MANAGEMENT

1.0 THE SITE 1.1 The site 25 South Quay, Douglas until recent times had an industrial unit on the site which was recently demolished. The site is within a wider industrial/commercial area and to the rear is a steep bank. The site has an existing access onto South Quay. The site has now been cleared and a concreted surface has been laid.

2.0 THE PROPOSAL 2.1 The planning application seeks approval for change of use to electric vehicle charging station with erection of solar panels, twelve charging bays, installation of storage containers and creation of new vehicular access.

3.0 PLANNING POLICY 3.1 The site lies within an area of "Mixed Use Proposals Area - Quayside" and "Proposed Comprehensive Treatment Area - 3. Riverside and Peel Road" on the Area Plan for the East 2020. The site is not within a Conservation Area, but is opposite of North Quay Conservation Area. The Northern part of the site is within an area identified as being at high tidal flood risk (2017 flood maps).

3.2 The following policies are considered relevant from the Area Plan: 3.2.1 Mixed Use Area 7 - The Quayside states: "The Quayside area has undergone regeneration on its northern side which has enhanced the area as a destination for people visiting restaurants and bars. On its southern side, industrial uses in older warehouse type buildings predominate. Redevelopment of the southern side to complement the quayside as a whole is to be encouraged. The Quays are also strategic freight corridors and maintaining access for commercial vehicles, including HGV's, must be considered in any proposed development. Due to the former industrial uses of South Quay, significant site preparation including decontamination may be required."

3.2.2 Town Centre - Mixed Use Proposal 7 states: "There will be a presumption in favour of food and drink and other leisure-type uses on North Quay.

There will be a presumption in favour of the comprehensive re-development of the southern side of the quay, including the potential re-positioning of the highway of South Quay between Old Castletown Road and Fort Anne Road, for new uses in the following categories: o Tourism o Offices o Food and Drink o Leisure o Reception and function venues o Business hubs/share-service offices o Residential uses at first floor level and above."

3.2.3 Within the Area Plan the Comprehensive Treatment Area Objectives are outlined: "i. Optimise use of land and buildings;

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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."

3.2.4 CTA Proposal 3 - Riverside and Peel Road (Treatment Plan) states: "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."

3.3 The Isle of Man Strategic Plan (2016) contains a number of relevant policies.

3.3.1 Strategic Policy 1 indicates that best use should be made of resources by optimising the use of previously developed land.

3.3.2 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement"

3.3.3 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

3.3.4 Environment Policy 36 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."

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3.3.5 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

3.3.6 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."

3.3.7 Environment Policy 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."

3.3.8 Paragraph 11.5.3 indicates that the long term the target is to reduce the level of car parking required for town centre developments and seek to develop more sustainable staff and visitor transport plans but sets out a general policy (Transport Policy 7) "in the shorter term" which sets out parking standards for new developments.

4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Council of Ministers previously approved an Action Plan to Reform the Planning System (hereafter "The Action Plan"). The document "Reform of the Planning System - Programme for Government 2016 - 2021" GD2018/0031 was laid before Tynwald on 15th May 2018. One of the actions set out within this is that, "Council of Ministers have agreed the following Policy with immediate effect: In order to continue to incentivise and support site redevelopment and the associated economic development, Planning Approval should not normally be given for brownfield sites to be used as temporary car parks" and that this is important, "To ensure faster brownfield site redevelopment and encourage socio-economic development".

4.1.1 This "Action Plan" was approved by the previously Administration; albeit has not been annulled. However, the Area Plan for the East Written Statement objectives continues the theme of promoting and reuse of brownfield land, especially in Douglas to reduce the impact upon the countryside (paragraphs 8.3 & 12.11).

4.1.2 Report of the Select Committee of Tynwald on the Development of Unoccupied urban sites (2017-2018) (hereafter "The Select Committee Report" recommended that, "Tynwald calls upon the Council of Ministers and all Departments to use every means at their disposal to encourage and prioritise the development of unoccupied or previously developed urban sites ahead of building on greenfield sites in the Manx countryside; and in particular that Tynwald is of the opinion that urgent action should be taken ... (iv) to use the planning system, taxation and other potential incentives to discourage greenfield development; (v) to use the planning system, taxation and other potential incentives to encourage brownfield development in Development Zones in Douglas and in other urban areas".

4.1.3 The Manual for Manx Roads (published by the Department of Infrastructure) sets out detailed guidance on highways matters.

5.0 PLANNING HISTORY 5.0.1 Continued use of 22 temporary car parking spaces - 24/91195/C - REFUSED on the following grounds: "R 1. The use of the site as a temporary car park for a further two years would reduce the likelihood of a prominent brownfield site being brought forward and this would be contrary to Strategic Policy 1 of the Isle of Man Strategic Plan 2016, the policy on car parks as set out in "Reform of the Planning System - Programme for Government 2016 - 2021" and the Area Plan for the East 2020.

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R 2. The use of this site as a temporary car park would have a detrimental visual impacts upon the visual amenities of the area and detrimentally affect important views into the immediately adjacent Athol Street/Victoria Street Conservation Area, especially when viewing St Georges Church contrary to General Policy 2 and Environment Policy 36 of the Isle of Man Strategic Plan 2016.

R 3. The proposed use as a temporary car park would not be in accordance with the land use designations and Mixed Use Proposal 4 of the Area Plan for the East 2020."

5.0.2 Erection of an open sided structure, addition of a porta cabin office (retrospective) and change of use from industrial site to use as car wash/car valet business - 19/00623/B - REFUSED; "R 1. The proposed use as a car wash/valeting/car parking business would not be in accordance with the land use designations and Mixed Use Proposal 7 of the Area Plan for the East. Furthermore, such use would likely also detract from neighbouring sites from being development in compliance of Mixed Use Proposal 7, given the proposed uses and appearance of the site in question.

R 2. The proposal would be contrary to Environment Policy 36 and General Policy 2 as the proposal would detrimentally affect important views into and out of North Quay Conservation Area.

R 3. The use of the site as a temporary/fully fledged car park would reduce the likelihood of a prominent brownfield site being brought forward and this would be contrary to Strategic Policy 1 of the Strategic Plan (2016), the policy on car parks as set out in "Reform of the Planning System - Programme for Government 2016 - 2021" and the recommendations of the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites (2017-2018)."

5.0.3 Demolition of existing industrial unit and formation of car park for a period of 4 years - 18/00013/B - was approved by the Planning Committee, contrary to the recommendation to the Planning Officer who had recommended a refusal, on the grounds that the emerging Area Plan and need for short-term parking to make up a potential shortfall during significant projects may be capable of making the situation 'not normal' in relation to the CoMIN policy. The approval included various conditions (below). Works were subsequently carried out, although as the development/use of the site has never been in accordance with this approval it is questionable as to whether this was implemented, and so all the works that have currently taken place on site could be seen as unauthorised. In any case, what is now proposed is materially different from what was previously approved.

C1. The use of the site as a car park shall cease on or before the 31.12.2020 Reason: The application is contrary to the land use designation within the Douglas Local Plan (1998) and the Council of Ministers have indicated that temporary car parking should not normally be supported, however, the application has been approved taking account of the current situation in relation to the emerging Area Plan and other large development schemes which may result in a short-term loss of car parking in other parts of Douglas

C2. The development hereby approved shall not commence unless a Traffic Regulation Order is in place and operational to implement the parking restrictions shown on drawing no. (03)003RevC and 004 (both date stamped as having been received 01.10.18). Reason: In the interests of highway safety.

C3. The car park hereby approved shall not be brought into use until details of how flood warning/evacuation measures have been submitted to and approved in writing by the Department. The car park shall be operated in accordance with the approved details.

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Reason: The development is within an area identified as being at risk of flooding.

C4. No barrier shall be installed across the entrance to the site. Reason: To prevent a situation whereby cars may need to wait to access the site and thus cause a highway obstruction.

C5. The car park hereby approved shall not be brought into use until the Rockfall Protection Fence as shown on drawing (03)003RevC (date stamped as having been received 01.01.18) has been installed, and the fencing shall be retained as such at all times that the car park is operational. Reason: In the interests of safety.

C6. No later than 6 months following the car park hereby approved becoming operational details shall be submitted to the Department for approval setting out how the site shall be treated following the cessation of the car park use hereby approved. Within 3 months of the cessation of the car park use the site shall be treated in accordance with the approved scheme. Reason: To avoid the creation of an unsightly area.

C7. The car park use hereby approved shall not be brought into use until the site has been fully surfaced and laid out in accordance with drawing no. (03)003RevC (date stamped as having been received 01.10.18), including the erection of fencing and lighting, and thereafter retained as such whilst the car park is operational. Reason: To ensure that the site is properly laid out prior to the use commencing.

C8. No flood lights shall be installed within the site unless they are in accordance with drawing (03)003RevC. Reason: To avoid unnecessary light pollution."

5.0.4 Alteration and sub-division of existing industrial unit into two units, one for storage and management of aircraft spares, the other as garage with tyre and exhaust services (Amended plans received) - 10/00094/B - APPROVED

5.0.5 Change of use from industrial to retail - 09/01670/C - APPROVED

5.0.6 Change of use to car showroom - 91/04185/C - APPROVED

6.0 REPRESENTATIONS 6.1 Douglas Borough Council have objected to the application making the following comments (19.05.2025); "The above planning application has now been considered by the Council's Environmental Services Committee at a meeting held on the 19/05/25 when the Committee resolved to object to the application.

The Council is of the opinion that the application does not align with the COMIN directive from the Reform of the Planning System Program for Government 2016 - 2021: "In order to continue to incentivise and support site redevelopment and associated economic development, Planning Approval should not normally be given for brownfield sites to be used as temporary car parks'". Although this application is for the charging of electric vehicles, in effect it would still be used for car parking and would be contrary to the COMIN directive relating to the use of brownfield sites. The Council is also of the opinion that the application does not comply with the Isle of Man Strategic Plan 2016 Strategic Policy 1: Development should make the best use of resources by:

a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and reusing scarce indigenous building materials."

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6.2 DOI Highways Services made the following initial comments (13.05.2025): "The proposal includes the change of use of a vacant site to provide 12 electric vehicle charging bays. The operation of the charging bays is not provided, but the site is accessible to the public to be used by any electric vehicle owner. There is to be an alteration to the highway fronting the site, in the form of extending kerb lines and removal of parking spaces.

The site is accessed by a single in/out access. The access width is sufficient to allow the two- way movement. Visibility has been provided from the access from a 2.4m setback. 43m in each direction has been provided meeting the Manual for Manx Roads requirement for an urban 30mph. Visibility may have to be achieved through parked vehicles in either direction to the nearside edge of carriageway, however, these obstacles are not permanent features and additional mitigation to increase conspicuousness has been provided.

Currently, on-street parking is provided all the way up to the access of the site. When occupied this has potential to obscure visibility from and of an emerging vehicle exiting the site. Vehicles would have to encroach out further into the highway in order to gain visibility, which may result in the front of cars protruding into the running lane of South Quay traffic. To mitigate this issue, the proposal includes the extension of the kerb line and pavement space to either side of the access. Visibility over this distance will be preserved and allow an emerging vehicle to be seen by oncoming traffic.

The increase in pavement space and kerb line will result in the loss of parking spaces along South Quay. To the east of the site access, the equivalent of two parking bays will be lost. To the west of the site access, the parking layby overlaps an access to the business. There is insufficient room to park without blocking the access, but temporary parking can still be achieved. The extension of the kerb will ensure access to the business delivery/service access is still achieved.

Overall, there is a net benefit to public parking from the proposal. While two parking spaces and a third temporary layby space will be removed with the extension of the kerb line, there will be provision of 12 electric vehicle charging spaces available for public use. The proposal also supports the sustainable transport aims of the island, providing more electric vehicle charging as demand for spaces increases.

The exiting site benefits from two accesses, with another unused access located to the eastern side. This access is established with a dropped kerb from the highway. The proposal includes a boundary fence that would mean access can no longer be provided. However, to prevent access created in the future and to remove confusion for road users looking to park, full height kerbs should be reinstated.

Internally, there is sufficient space for the manoeuvring of vehicles in and out of the charging spaces. The size of the bays at 5m x 3m are acceptable for general use.

The site falls towards the highway, with no proposal included in the plans to intercept any surface water runoff. The Applicant / Developer shall provide run off / surface water drainage where necessary to prevent water from flowing out onto or damaging the public road. Similarly, on construction of the vehicular access, the existing road drainage must either be retained or an effective alternative scheme provided at the Applicant's / Developer's expense on a satisfactory arrangement being drawn up and agreed with the Highway Services' Drainage team. The alteration to the highway, in the form of extending the pavement area and kerb line, will require a Section 109(A) Highway Agreement to be made post planning consent. In addition, the removal of parking along South Quay will require an application for removal of TRO.

The proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject

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to all access arrangements conforming to Drawing No. P0003. The Applicant is advised that a S109(A) Highway Agreement is needed after the grant of planning consent."

6.3 DOI Highways (Drainage) do not object but comment, "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: There are no details of drainage to the area and the applicant should demonstrate compliance with the clause above".

6.4 Flood Risk Management (DOI) do not object subject to condition (22.04.2025); "The proposed site is in an area at risk of tidal flooding. Before Flood Risk Management can comment we would like to see a Flood Risk Assessment and be assured that the equipment that will be installed is resilient to salt water ingress and that there are adequate safety precautions to deal with salt water ingress."

6.5 The applicants subsequently submitted a Flood Risk Assessment and the Flood Risk Management comment (28.05.2025); "Please condition Section 5 (Mitigations) of the FRA published to the Planning Portal on 19th May 2025"

6.6 Manx Utilities have made no comments.

7.0 ASSESSMENT 7.0.1 The principle issues with the application is the land use zoning and whether the use of the site as proposed is acceptable; potential visual impact upon the street scene and upon views in and out of the Conservation Area and potential Highway Safety issues.

7.1 THE LAND USE ZONING / USE OF SITE 7.1.1 The site has recently been adopted as being within Mixed Use Proposal 7 which states that; "There will be a presumption in favour of food and drink and other leisure-type uses on North Quay. Further the Area Plan for the East states in such area: "There will be a presumption in favour of the comprehensive re-development of the southern side of the quay, including the potential re-positioning of the highway of South Quay between Old Castletown Road and Fort Anne Road, for new uses in the following categories: Tourism, Offices, Food and Drink, Leisure, Reception and function venues, Business hubs/share-service offices and Residential uses at first floor level and above. The proposal would not be in accordance with any of the uses listed. It is considered the proposal would be contrary to Mixed Use Proposal 7. Furthermore, such use would likely also detract from neighbouring sites from being development in compliance of Mixed Use Proposal 7, given the uses and appearance of the site in question.

7.1.2 The installation of 12 battery charging stations, canopies with solar panels above and associated infrastructure is also likely to reduce the likelihood of the site being development in accordance with above planning policy and aims for the area, given the cost likely to be required for the proposal. Accordingly, it could be argued the development would result in the site being re-developed less likely, even compared to a temporary car park use which requires much less investment. As mentioned the proposal is not for a temporary car park and therefore the previously adopted Council of Ministers is not as relevant; however, the aims of this policy, of the Report of the Select Committee of Tynwald on the Development of Unoccupied urban sites and the Area Plan for the East Written Statement all has overall objectives to continue the theme of promoting and reuse of brownfield land, especially in Douglas to reduce the impact upon the countryside (paragraphs 8.3 & 12.11 of written statement). Accordingly, the use of the site as a fully-fledged car park raises concerns that such use will further discourages investment in its more permanent and appropriate development.

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7.2 POTENTIAL VISUAL IMPACT UPON THE STREET SCENE AND UPON VIEWS IN AND OUT OF THE CONSERVATION AREA 7.2.1 The proposal involves the reuse of the existing concrete hardstanding and fences around the site, with the additional of 12 parking spaces being lay out with the associated battery charging units within canopies and two containers. There are concerns that the re using of existing hardstanding with additional structures as outlined could not be argued to have a positive visual impact. It is considered likely to have a detrimental impact upon the visual amenities of this prominent site along South Quay and being a Gateway site into Douglas. Furthermore, the site visually does not add to the character or street scene and is directly opposite a Conservation Area (North Quay) and therefore has a detrimental effect upon important views into and out of the Conservation Area contrary to Environment Policy 36.

7.3 Highway Safety 7.3.1 Highways have raised no highway safety objection to the proposal, with adequate visibility splays of 2.4m setback. 43m in each direction being provided. Highways Services do note that two existing on-street parking bays would be lost by the proposed development to ensure the visibility splays are provided. Arguably, this may raise a concern as you are losing two disc zone (free) which are currently utilised for neighbouring business/visitors to the area. It is presumed that the proposal would not be a free car park (application form describes proposed site as "Commercial") and therefore while there may be a net gain in overall parking of 10 spaces, it should be acknowledged that this result in two off road public parking spaces to achieve it.

7.3.2 The comments from DOI Highway Services are noted and relied upon in this regard, and so it is considered that the proposal is acceptable in terms of highway safety.

8.0 CONCLUSION 8.1 Overall, allowing the site to be used as an electric vehicle charging station car park would reduce the likelihood of a prominent brownfield site being brought forward and this would be contrary to the Area Plan for the East 2020 namely Mixed Use Proposal 7 and Strategic Policy 1 of the IOM Strategic Plan 2016. Furthermore, the proposal would be contrary to Environment Policy 36 and General Policy 2 as the proposal would detrimentally affect important views into and out of the Conservation (i.e. North Quay Conservation Area). Accordingly, the application is recommended for a refusal.

8.2 While the proposal would introduce electric charging points and this could be argued to be supporting more sustainable objectives (Climate Change); this is not considered to be a significant material planning gain in this case to outweigh the strong policy presumption against such development, which is essentially a car park at its heart. Furthermore, a new development in accordance with the land use designation and polices could be undertaken which includes car parking and electric charging points.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

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9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture 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 the Right to Appeal.

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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Refused

Date: 09.06.2025

Signed : Mr Chris Balmer Presenting Officer

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