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13 October 2014 14/00930/B Page 1 of 7 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00930/B Applicant : I & W Properties Ltd Proposal : Erection of a block of four storage / distribution units and refurbishment of existing office building together with associated parking and service compound Site Address : Former Peel Gas Works Mill Road Peel Isle Of Man IM5 1AX

Case Officer : Miss S E Corlett Photo Taken : 08.10.2014 Site Visit : 08.10.2014 Expected Decision Level :

Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS PA 14/00928/B FOR THE ADJACENT LAND IS ALSO REFERRED TO THE COMMITTEE

THE SITE 1.1 The site is a parcel of land which lies between the rear of numbers 22 to 38, Patrick Street to the east and Mill Road to the west. The site has upon it a large gas container and two smaller buildings. The gas container is a substantial structure with a diameter of 15m and a height of around 14m. The other buildings on the site are a shed type structure accommodating a substation which has a footprint of 3m by 4.5m and a height of 2.5m and a two storey office building which sits immediately adjacent to Mill Road. This building has a footprint of 11.5m by almost 5m and has a height of 6.7m. The Mill Road elevation is finished in stone on the lower half and brick above and brick on the rear and north elevations and render on the southern gable end.

1.2 The site has a frontage to Mill Road of around 47m and includes land which is part of the concurrent application, PA 14/00928/B which proposes the demolition of the former showroom building and the erection of two dwellings with car parking spaces provided at the entrance to the proposed industrial redevelopment. The site includes two existing accesses into the site.

THE PROPOSAL 2.1 Proposed is the demolition of the gas container and substation buildings on the site and their replacement with a large new industrial building. The existing roadside office will be retained and refurbished. The rear of the site will be excavated and re-profiled.

2.2 Access into the site will be via a new access which is a widened and improved version of the existing which lies opposite the House of Manannan. This will be 11m wide. This will allow access and egress and the drawings have included swept path illustrations of an articulated vehicle entering and exiting the site. The applicant clarifies however that the nature of the proposed use is that articulated vehicles are not anticipated to be using the site. As a builder's facility, materials are likely to be delivered to the sites which are being developed rather than brought to the compound.

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13 October 2014 14/00930/B Page 2 of 7 2.3 19 car parking spaces are to be provided within the site as well as four which are not within the site but are accessed via the site access and which serve the two houses proposed under PA 14/00928/B.

2.4 The main building will have a footprint of 43.5m by 18.8m and is subdivided into four units each with half of the upper floor being floored and available as an office. Each unit will have 189 sq m of gross industrial floorspace and 93 sq m of office space. The industrial floor space is required to have one parking space per 50 sq m which results in a demand for 15 car parking spaces. The associated offices do not have a parking standard but it is assumed that each will employ at least two people, resulting in a further 8 spaces being required. The kitchen and single toilet facilities (suitable for disabled users) do not indicate that the units will accommodate a significant number of people at any one time.

2.5 The building will be 8.8m high and finished in Manx stone cladding (although a sandstone colour is shown) and render on the rear and sides. The roof will be finished in dark grey sheeting. The doors will be full height roller shutters with large sections of glazing alongside to serve the office and provide light to the ground floor industrial area. A pedestrian door and first floor windows are on the rear elevation and no apertures are proposed on the gables.

2.6 The boundary to the road will be provided by the existing sandstone wall.

PLANNING STATUS AND POLICY 3.1 The site lies within an area designated on the Peel Local Plan as Predominantly Industry. The local plan contains only one policy which is considered relevant: "Residential development in the vicinity will be discouraged" (6.8).

3.2 The site also lies on the outskirts and not within the town's Conservation Area.

3.3 As such the following policy is considered applicable:

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."

Environment Policy 41 states: "The Department will require that archaeological evaluations be submitted prior to the determination of proposals affecting sites of known or potential archaeological significance. In cases where remains are affected but preservation in-situ is not merited, the Department will expect to secure excavations and/or recording in advance of construction work either by the imposition of suitable conditions attached to a planning permission or through a formal agreement entered into with the developer."

3.4 As the development is in accordance with the land use designation it is relevant to have regard to General Policy 2 which 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 space 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;

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13 October 2014 14/00930/B Page 3 of 7 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 adverse 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."

PLANNING HISTORY 4.1 Planning approval has been granted for the lpg vessels (PA 05/00585/B). Permission was refused for the change of use of the existing building on the site and the adjacent building to a launderette (PA 04/01656/C). This was refused for reasons relating to information about the proposed flue and the impact on the Conservation Area.

REPRESENTATIONS 5.1 Peel Town Commissioners indicate that they do not object to the application.

5.2 Manx National Heritage seek confirmation, by way of a letter received on 28th August, 2014 that the arrangements for access and parking are acceptable, bearing in mind the access to their museum facility which receives between 55 and 60,000 visits per year some of whom travel to the facility by vehicle and some of whom will walk to and around their site. They also seek assurance that appropriate safeguards are in place for protecting archaeological features of interest which may be within the site. They express concern about the suitability of the site as a distribution centre because of the access which may be used by large vehicles.

5.3 The owners of 11, Station Road indicate in an e-mail received on 12th August, 2014 that they may wish to make observations on the application on their return from leave on 6th September, 2014. They add to this by way of a letter dated 10th October, 2014 explaining that they have discussed the proposal with the applicant and have agreed to swap certain pieces of the site. If this transpires then they see no significant issue with either development provided that the residential development occurs first and hours of working are controlled so that no work is undertaken at the weekend or in the evenings.

5.4 Manx Utilities Authority (Electricity) seeks consultation via an e-mail dated 8th August, 2014 regarding the provision of electricity supplies to the site. This is not a material planning issue and the MUA should liaise directly with the applicant.

5.5 Department of Infrastructure Highway Services have not commented, but indicate through their response to PA 14/00928/B that they raise no objection to the application (e- mail dated 4th September, 2014). They consider that access to the site is improved by the proposed development and complements the existing arrangement whereby traffic lights control vehicular movement along the road. They note, however that setting back the building line will result in the footway being widened and potentially street furniture causing a hazard to pedestrians due to their location in the middle of the footway rather than the back. They recommend a condition which reads:

The building shall not be occupied until all street furniture has been relocated in accordance with details submitted to and approved by the Department.

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13 October 2014 14/00930/B Page 4 of 7

Reason: in the interests of pedestrian safety.

5.6 They also recommend the following conditions:

No work is to commence on site until the access is constructed and controlled by traffic signals installed in accordance with the drawing submitted to and approved by the Department.

Reason: to ensure safe egress from the site in the interest of highway safety.

The car parking spaces provided shall remain unobstructed and available for parking of vehicles in perpetuity.

Reason: to ensure car parking provision is retained in accordance with the standards in the interests of highway safety.

5.7 The applicant has responded to the issues raised and confirms that prior to the submission of the applications, pre-application advice was sought from both Hazel Fletcher and Kevin Almond of the Highways Division to determine the method and format of the vehicular access to the site. The advice of Mr Almond was that a single access point was the preferred option, and whilst it was acknowledged that the majority of the vehicles likely to access the site are shorter wheelbase transit type and 7 tonne fixed axle vehicles, the applicant was required to demonstrate that the access was suitable for articulated vehicles, hence the tracking plot indicated on the application drawings although it is unlikely that articulated vehicles will actually be accessing or leaving the site. In addition, he states that the section of Mill Road from which the application sites take their vehicular access is controlled by traffic lights, which control traffic to being in a single direction at any one time. As a result, the requirement of articulated vehicles to use the full width of the carriageway to enter or exit from the site is irrelevant, as the full width of the carriageway is available for use as a result of the control of the traffic by the lights.

5.8 He suggests that the reduction of the number of vehicular access and egress points both improves the safety for pedestrians in and around the area, and has a beneficial visual appearance in removing a number of gates in the vicinity

5.9 He explains that a substantial area of the site was used as the former Peel Gasworks. However, the majority of the buildings, pipework and structures which are currently present on the site were constructed within the last 20 years, the holding tanks and wash down unit being constructed in 1997. At this time, a scheme of remediation was carried out by Manx Gas to remove contaminated ground and this was confirmed in the documents of sale to the applicants. Notwithstanding the above, a full ground contamination investigation will be carried out should the applications be approved, once demolition has been completed. Any contaminated ground should it be found under the site of the existing structures, will either be removed to approved disposal sites, or encapsulated with concrete slab structures which incorporate gas-tight membranes and ventilation systems. This is an accepted method of dealing with the remediation and re-development of brown-field sites, and would be normal to be dealt with at the technical building regulations stage of any scheme. As a result of the amount of development carried out on the site by its former owners within the recent past for the production of gas, the applicants do not believe that there will be much, if any, remnants of historic gas production which remain. The archaeological importance of the site is therefore believed to be over-stated.

5.10 With regard to the visual impact of the warehouse storage and distribution units on the surrounding area, the applicants believe that the proposals will be a vast visual improvement in the area, both for visitors to the House of Manannan, and for residents of the area

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13 October 2014 14/00930/B Page 5 of 7 including those of lower Patrick Street, who they understand have not sought to object to the proposals.

5.11 The development of the former showroom site with two dwellings they believe, closes down the view into the industrial unit site form the adjacent Conservation Area. As a result, the applicants believe that the residential proposals have a beneficial effect in providing a buffer between the Conservation Area and the former gasworks site.

5.12 The comments of Manx Utilities in relation to the schemes and the provision of services is noted and will be progressed should the applications be successful.

ASSESSMENT 6.1 The site is designated as Industrial and as such the proposed use and principle of development for industrial purposes is acceptable. There are a number of additional, detailed issues to consider: firstly, whether access to the site can be provided in a manner which is not only acceptable for those using the site but also other highway users. Particular reference needs to be made in both of these issues to the fact that the access will be used not only by those using the industrial units but also those in the residential units proposed alongside. Also, those visiting other premises in Mill Road need to be accommodated in the highway safety assessment, including those visiting the House of Manannan.

6.2 There is a policy within the Peel Local Plan which indicates that residential development will be discouraged in the vicinity. No further explanation of this is given in the Plan but it is perhaps to safeguard against unsatisfactory impacts on residential amenity through industrial processes which can be noisy, dirty or result in heavy traffic movements. In this case, the proposed industrial development will be separated from the existing housing by a proposal for two new dwellings, the occupants of which will be aware of the proposed development before occupying them. The occupants of number 11, Station Road will benefit from the additional new, taller buildings between it and the proposed industrial units. It is as such not considered that the relationship between the proposed industrial and the existing and proposed residential units is unacceptable.

6.2 It is also relevant to consider the visual impact of the proposed development in its context. What currently exists on the site is taller in part than the proposed new building and whilst some of the structures are not unattractive, the larger gas container is unsightly, poorly maintained and would be much better replaced by what is proposed. The roadside wall is to be retained, as well as the existing roadside building which will help screen the new large building from immediate view from the road.

6.3 The proposal is considered to be acceptable and indeed, a welcome investment in a run down site close to the Conservation Area and within a short distance of both the House of Manannan and existing residential property. However, it is considered appropriate to consider the other points raised by other parties. Manx National Heritage suggest that it may be merit in making an archaeological record of surviving historic industrial remains on the site and a condition should be attached to this effect. Whilst they also express concern about potential contamination of the site, this is largely concerning the industrial development proposed alongside rather than the dwellings proposed here. This, in any case is something which would be a matter for the Building Regulations rather than the planning decision.

6.4 Hours of working are controlled through the Public Health Act 1990 and as such it is not considered appropriate to duplicate these in the planning process. Whilst there would be benefit to the residents of number 11 in completing the construction of the two dwellings before the development of the industrial units it is not considered appropriate to try to control the phasing of this although there is clearly benefit to the potential occupants of the new dwellings, if the industrial development is already completed once they take residence.

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13 October 2014 14/00930/B Page 6 of 7 PARTY STATUS 7.1 The local authority 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.

7.3 Manx National Heritage is a statutory authority which raises material planning considerations and as such should be afforded party status under Article 6(4)(c) of the Town and Country Planning (Development Procedure) (No 2) Order 2013

7.4 Manx Utilities Authority does not raise material planning considerations and as such should not be afforded interested person status in this case.

7.5 The owners of 11, Station Road are immediately alongside the site and should be afforded interested person status under Article 2(a) of Government Circular 0046/13 the Town and Country Planning (Development Procedure) Order 2013.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

13.10.2014

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 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. No work is to commence on site until the access is constructed and controlled by traffic signals installed in accordance with the drawing submitted to and approved by the Department.

Reason: to ensure safe egress from the site in the interest of highway safety.

C 3.

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13 October 2014 14/00930/B Page 7 of 7 The car parking spaces shown in the approved drawings shall remain unobstructed and available in perpetuity for the parking of vehicles associated with the development hereby approved.

Reason: to ensure car parking provision is retained in accordance with the standards in the interests of highway safety.

C 4. Prior to the commencement of works the applicant must have approved by the Department a scheme for the recording of any features of archaeological interest which may be discovered during the course of construction and demolition and the development must be undertaken in accordance with these details.

Reason: to accord with Environment Policy 41 of the Strategic Plan.

Note: the applicant is advised to consult with Manx National Heritage regarding this requirement and during the development process.

C 5. Notwithstanding the details on the submitted drawing, further details of the boundary treatment fronting Mill Road shall be submitted to and approved in writing by the Department prior to development commencing. The agreed details shall be implemented as retained as such unless otherwise agreed in writing by the Department.

Reason: In the interests of visual amenity.

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This approval relates to drawings P10-01, P10-02, P10-03, P10-04, P10-05, P11-01, P11-02, P11-03, P11-04 and P12-01 all received on 4th August, 2014.

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 : ...27/10/14..

Signed :...S Corlett... Presenting Officer

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

YES/NO