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20 August 2014 14/00584/B Page 1 of 7 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00584/B Applicant : Dandara Commercial Limited Proposal : Variation of condition one of approved PA 10/00464/B (erection of office building with potential use of lower floors as library) in order to extend period of permission by four years Site Address : Temporary Car Park Site Of Former Print Works / Offices Market Street Douglas Isle Of Man

Case Officer : Miss S E Corlett Photo Taken : 11.08.2014 Site Visit : 17.06.2014 Expected Decision Level :

Planning Committee

Officer’s Report

THIS APPLICATION IS RECOMMENDED FOR CONSIDERATION BY THE PLANNING COMMITTEE RATHER THAN UNDER DELEGATED POWERS DUE TO THE SCALE OF THE DEVELOPMENT.

SITE 1.1 The application site is located on the western side of Market Street in Douglas Town Centre, and is within an area which is designated for Predominantly Office use in the Douglas Local Plan 1998. The site is directly opposite the Marks and Spencer store and the three levels of car parking above it. To north of the site is a commercial building of 17-21 Market Street, which is over two storeys in height. To the west and south west of the site are Victoria Hall and Victory House, which on their eastern side are three storeys and seven storeys high respectively as well as being set at a higher level than the site. To the north west is St Andrew's House, which on its eastern side has the equivalent of eight levels of accommodation.

1.2 The site currently accommodates private car parking on a single level, level with Market Street. The buildings which were formerly on there, including Bridson and Horrox printers premises were demolished and approval granted for the use of the site as a car park under PA 05/91959/B. This was for a period of two years only.

PROPOSED DEVELOPMENT 2.1 The application is seeking to extend the life of the approval granted under PA 10/00464 for a further 4 years. That approval was granted on 2nd September, 2010. The approval granted planning permission to redevelop the site with a building containing office space, with the lower two floors designed so that they could alternatively be used as a library.

2.2 The building will be predominantly 6 storeys in height (22.6m) and will be 44m in width. The building will have various depths due to the stepping effect at the front and rear of the building and an overhang to be created at the front of the building.

2.3 The facing materials for the building will be painted render, an aluminium cladding system and another type of cladding system is proposed. A zinc or similar standing seam single ply

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20 August 2014 14/00584/B Page 2 of 7 roofing system will be used. Further information regarding the finishes has been approved (4th June, 2014).

PLANNING STATUS AND RELEVANT POLICIES 3.1 The site lies within an area designated as Predominantly Offices on the Douglas Local Plan of 1998.

3.2 Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policy 42, Business 7, Transport Policies 4 and 7

Business Policy 7 states that "New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space

(a) on approved business parks for Corporate Headquarters which do not involve day to day callers; or (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance.

3.3 Environment Policy 42 states that "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

PLANNING HISTORY 4.1 The following previous planning applications are considered relevant in the assessment and determination of this application:

05/01959/B - Partial demolition of existing buildings to create temporary car park - granted 16th February 2006

04/00910/B - Erection of a mixed use development, comprising retail offices and apartments with associated parking to replace former print works and offices - refused at appeal 3rd March 2005.

The reasons for refusal were as follows:

The proposal would constitute over-development of the site, result in an oppressive canyon-like effect in Market Street; and approval could lead to further undesirable development of a similar nature

The outlook and environment quality of some of the proposed apartments would be poor.

The development would be premature until such time as the Planning Brief for Market Street has been finalised.

98/01656/B - Erection of office development with car parking - Refused at appeal on 22nd March 2000

98/00064/A - Approval in principle for redevelopment of existing premises for mixed use of retail, commercial office and parking - application withdrawn

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20 August 2014 14/00584/B Page 3 of 7

95/00910/A - Approval in principle for redevelopment of existing premises for mixed use of retail, commercial office and parking - Granted at appeal on 19th November 1996

87/01047/A - Approval in principle to erection of two storey office and storage block over existing premises - refused

87/00917/B - Erection of four storey office block - Application withdrawn

REPRESENTATIONS 5.1 Douglas Borough Council does not oppose the application.

5.2 Department of Infrastructure Highway Services does not oppose the application.

5.3 In the previous application the following representations were received:

Drainage Services of Douglas Borough Council have no objection in principle to the development subject to the 2 systems combine at the curtilage of the boundary.

The South Douglas Old Friends Association, occupiers of Victory Hall, have not commented on the application; however, they expressed an interest in the application.

Standard comments have been received from the Manx Electricity Authority regarding the supply of electricity to the building.

ASSESSMENT 6.1 The proposal should be considered favourably unless there has been a change in policy or circumstances since the previous application was approved. The Douglas Local Plan is still the prevailing land use document and the Strategic Plan was in place at that time. The Central Douglas Masterplan includes this part of the town and the proposals and suggestions in the initial consultation document reiterate some of the suggestions in the Market Street consultation - i.e. providing more and better links between Market Street and Strand Street, improving accessibility and the appearance of Market Street and altogether trying to make the town a more vibrant and interesting place to visit. The proposal complies with these objectives.

The assessment of the previous application stated the following.

6.2 The principal issues in assessing this application are a) Land use, b) Highway issues, c) Visual amenity and d) Impact on Victoria Hall. The following paragraphs deal with these issues in the above order.

LAND USE 6.3 The development is compatible with the land use zoning of the area, which is predominantly offices within the Douglas Local Plan. It is considered the principle of developing the site for offices to be acceptable in this locality; however, there are other material considerations to be taken into account in order to determine whether the proposed development is acceptable.

HIGHWAY ISSUES 6.4 The Highway Authority did not oppose the application subject to a condition that requires the car park granted planning permission under PA 10/00370 to be completed and available for use prior to this development being occupied. That application lies to the north of the site which is on Market Street and comprises two levels of commercial development along with five tiers of parking above - four tiers at the rear of the site. This is known as the Greeba Works site.

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6.5 This Greeba Works development will provide a multi-storey car park of 144 spaces. The car park is intended to serve the needs within its own development (18 spaces); the needs of the application development, which, according to the Strategic Plan would generate a need of between 24 and 45 spaces depending on whether the public library is constructed; and the development already approved at Finch Road (43 spaces). This gives a total 'need' for parking, according to the Strategic Plan of 112 spaces.

6.6 There is just one practical problem in how to secure the spaces for this development. The applicant has indicated verbally that they are willing to accept a condition which is similar in nature to that attached to the office development on Finch Road. The condition which was used in that particular case was as follows:

"No development may commence on site, including demolition of any structure, until such time as there is in place a legal agreement which illustrates how 43 parking spaces are to be provided within a convenient walking distance (400m) of the site. The building may not be occupied until such spaces are available for use by occupants of the permitted building."

6.7 More recently it has been considered that it is difficult, and perhaps inappropriate to restrict the use of particular spaces in a multi-storey to certain users and that provided the multi-storey is constructed and available for use, prior to the occupation of the application building, this would satisfy the parking needs of the proposal. Both the application site and the multi-storey are in the same ownership and it would be in the interests of the developer to dedicate spaces for the proposed offices.

6.8 The condition proposed would require the applicant to provide the car parking spaces upon construction and prior to occupation; however, it will not ensure the spaces are kept in perpetuity for the development.

VISUAL AMENITY 6.9 The surroundings of the site are intensely urban. The site in itself does not represent a green space to be protected and there is no particular identity or character which should be protected in the development of this site.

6.10 Planning approval has previously been sought under PA 04/00910 to develop the site with a building containing retail, office, and residential uses. The application was refused, with the appeal inspector concluding that the proposal would constitute over development and would have an "oppressive, canyon-like effect" in Market Street."

6.11 In December 2006, a Public Consultation Draft of a "Development Brief and Highway Widening and Improvement Scheme" for Market Street was published by the then Department of Local Government and the Environment. The application site is referred to as "Section No.6 in the draft brief, and whilst the possibility of redevelopment in conjunction with adjacent site is considered in the brief it does not preclude the redevelopment of Section No.6 independently. The draft brief refers to the road widening requirements and the need to avoid a "canyon- effect", thus suggested that a setback to any new development may help to address this issue.

6.12 The application is proposing to give up part of their site to form part of a widened highway as so to help avoid a canyon-effect from occurring. The ground and first floor of the proposed building will be setback 3.5m from the new road line and 4m beyond the front elevation of the adjoining building on Market Street. The second, third and fourth floors will be project 3m out creating an overhang at the front of the building. The building will make use of various types of the materials which will help to create an interesting form of development within Market Street. The proposed building is significantly taller than the adjoining building of 17-21 Market Street; however, the building has to be read within the

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20 August 2014 14/00584/B Page 5 of 7 wider context of the surrounding buildings, i.e. St Andrews House and Victory House. These buildings are significantly taller than the proposed development due to the surrounding buildings being at a higher level than the application site. It is considered the proposed development is an acceptable form of development for the site and would not create a "canyon-effect" within Market Street.

IMPACT ON VICTORIA HALL 6.13 The building is used for non-residential purposes. There are a number of windows on the rear elevation of the building that face towards the proposed development. The development has been designed to take this into account by stepping the third, fourth and fifth floors away from the rear elevation of Victoria Hall so as not cause any significant harm in terms of overshadowing and loss of light.

RECOMMENDATION 6.14 The proposed works remain as acceptable as they were in 2010. There have been no policy or circumstantial changes since then to warrant a different decision and indeed there are no objections to this current proposal. It is recommended that planning permission be granted subject to conditions in the attached schedule, which reiterate the conditions originally attached and effectively grants a further four years in which to implement the approval.

6.15 The approval granted previously was subject to a condition which required that the parking spaces approved in another application be provided prior to the commencement of works on the current site. However, this approval is about to expire and no works have been commenced. An extension to that approval, PA 10/00370/B has been sought by way of PA 14/00580/B which has yet to be determined. As such it is proposed that the condition be updated as follows:

No development may commence on the site until a car parking scheme showing how 45 parking spaces will be provided within the multi-storey car park to be built under planning permission 10/00370/B granted on the 14th June 2010 or any subsequent planning approval for this or an acceptable alternative parking arrangement has been approved by the planning authority. The building may not be occupied until such spaces within the car parking scheme are available for use by the occupants of the permitted building. Such spaces or an acceptable alternative must remain available to the users of the accommodation hereby approved.

PARTY STATUS 7.1 The local authority, Douglas Borough Council is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.

7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.

SUPPLEMENTARY REPORT

The Planning Committee approved the application at its meeting of 18th August, 2014 but subject to an expiry of two years of the issue date of the decision, in order to try to expedite development on this site.

Recommendation

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20 August 2014 14/00584/B Page 6 of 7 Recommended Decision:

Permitted

Date of Recommendation:

11.08.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1. The development hereby approved shall be begun before the expiration of two 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. No development may commence on the site until a car parking scheme showing how 45 parking spaces will be provided within the multi-storey car park to be built under planning permission 10/00370/B granted on the 14th June 2010 or any subsequent planning approval for this or an acceptable alternative parking arrangement has been approved by the planning authority. The building may not be occupied until such spaces within the car parking scheme are available for use by the occupants of the permitted building. Such spaces or an acceptable alternative must remain available to the users of the accommodation hereby approved.

REASON: to ensure that there are sufficient car parking spaces to prevent on street car parking in the area to the detriment to highway safety.

C 3. The building shall not be used until the pedestrian means of access to the building have been constructed in accordance with the approved plans, and those means of access shall thereafter be kept available at all times for their respective purposes.

REASON: in order to ensure that there is a safe means of access to the building.

C 4. The building shall be used only for those purposes within Class 4 (offices) Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005 and in addition the ground and first floor of the building may be used as a public library.

REASON: to ensure that the building is used for the purposes for which it is proposed and in accordance with the land use designation in the local plan.

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This approval relates to drawings sk01, sk02, sk03, sk06, sk07, sk08, sk09, sk10, sk11, sk12, sk14, sk17, sk23, sk24 all received on 13th May, 2014.

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20 August 2014 14/00584/B Page 7 of 7

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Approved Committee Meeting Date : 18th August 2014

Signed : Miss S E Corlett Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES Supplementary Report above