Officer Report

Application No.: 13/91190/B Applicant: Quiggin & Cubbon Ltd Proposal: Demolition of existing light industrial units and erection of two light industrial units with ground floor storage, first floor offices and associated parking and drainage Site Address: Workshop / Storage Buildings Between Albany Lane & Berkeley Street Lane Douglas Isle of Man IM2 3RN Case Officer : Miss S E Corlett Photo Taken: 24.07.2014 Site Visit: 01.11.2013 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING APPLICATION BECAUSE THE PROPOSAL IS AT VARIANCE WITH THE LAND USE ZONING OF THE AREA AND BECAUSE OF THE NUMBER OF OBJECTIONS RECEIVED.

THE APPLICATION SITE

1.1 The application site falls into two parts: a roughly triangular shaped area of land between Albany Lane and Berkeley Street Lane, and at the southern end of the land between Albany Street and Brunswick Road: the second piece of land is more square in shape and lies some 27m to the east, separated by a property which is not in the applicant's ownership. The block of buildings which lie between Berkeley Street Lane and Albany Lane are a mix of different ages, heights and finishes - some of a more industrial nature others such as number 3, more residential in character. The application buildings are described as being used for light industrial purposes and for storage. On the site visit there was no evidence of any of the application buildings (or any others in the row other than the car repair workshop) being actively used for any purpose. - 1.2 The application buildings are, in the case of the easternmost site part of a wide span stone building with a lower unit to the east whose roof sits behind a stone wall. The westernmost building has a rusting roller shutter door onto Albany Lane which sits beside a car workshop with a very wide door. The car workshop was operational at the time of the site visit with the door fully open to Albany Street and activity visible and audible. At the rear of the lower unit there is a garage door with pedestrian gate within it. Buddleia is growing healthily within the rear wall. - 1.3 The western most site accommodates four units, each with different roof slopes and pitches and a variety of ground floor and first floor windows and doors. These buildings are mostly rendered on the Berkeley Street Lane side whilst the Albany Lane frontage is stone. - 1.4 Albany Street lies to the north which consists of two rows of traditional, two storey terraced houses perpendicular to Albany Lane. The gable ends of the end properties on Albany Street directly face the application site on its north side. Albany Street has on-street car parking which is limited to two hours between 0800hrs and 1800hrs Monday to Friday with no return within two hours. At the time of the site visit (Thursday 24th July, 2014 at

• midday) there were approximately six free parking spaces. To the south is Berkeley Street Lane, which provides rear access to the row of traditional terrace houses on Berkeley Street further to the south. Immediately to the east of the application site is 3, Albany Lane which is a two storey building which up until relatively recently accommodated the offices of the Manx Churches Adoption and Welfare Society and is the subject of a current application to amend the occupancy to general offices (PA 14/00805/E). To the east of this is a workshop which has permission for conversion to a dwelling (PA 13/90961/B) and to the east of that is a small shop with living accommodation above.
• 1.5 To the immediate west is a property facing onto Brunswick Road, which includes a hair salon on ground floor and residential accommodation above. The site is therefore situated in the midst of an area of mostly traditional terraced housing. THE PROPOSAL

2.1 Proposed is the demolition of the existing buildings on the site and the redevelopment with two new buildings, each comprising a ground floor light industrial/storage unit with associated offices at the first floor and an area of car parking. Six parking spaces are shown along with a loading bay. The existing buildings provide approximately 524 sq m of internal gross floor area with internal parking space for on vehicle. Proposed would be 494 sq m of floor space with six parking spaces, each 4.8m by 2.4m, and loading space for a single vehicle adjacent to the two units all accessed from Albany Street Lane. - 2.2 The proposed operating hours are 0800hrs to 1800hrs Monday to Friday; 0800hrs to 1300hrs on Saturdays with no working on Sundays or public holidays. - 2.3 The new buildings will be taller than the existing by varying amounts. The replacement of the flat roofed element alongside 3, Albany Street Lane will be 4.9m taller and finished in render and the adjacent stone building rebuilt to a similar appearance but approximately 300mm higher. The new buildings to the west will be between 1m and 1.5m higher than the existing. The Berkeley Street Lane boundary between the two new buildings will be formed by a rendered wall with railings above up to an overall height of 2.5m. The rear of the eastern most new building will have a flat roofed rear section at a height of 5.6m above street level. - 2.4 Light industry is defined in the Strategic Plan as follows:

industrial building means a building (other than a building in or adjacent to or belonging to a quarry or mine and other than a shop) used for the carrying on of any process, for or incidental to any of the following purposes, namely:-

• a) the making of any article or of part of any article; or
• b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or
• c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel.

Such buildings are sub-divided into light industrial, general industrial and special industrial buildings, each defined as follows:

"light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of light industrial buildings for research and development of

products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005.

PLANNING HISTORY

3.1 The site has the following relevant history:

06/02173/B - application refused at appeal in 2007 to replace existing wooden door fronting onto Albany Street with a metal roller shutter door.

04/02162/C - application refused in 2005 for change of use of existing premises for the fabrication of railings, gates, walkways and fire escapes.

89/00863/A - application for approval in principle refused to convert workshop/store to dwelling. 87/00061/C - approval granted for change of use of premises to building trades stores and workshop. 85/00323/C - application refused for use of premises as taxi repairs and servicing and first floor office, and erection of aerial. PLANNING POLICY

4.1 The Douglas Local Plan 1998 identifies the area as being predominantly residential. The site also lies within the Selbourne Drive Conservation Area.

4.2 The Conservation Area appraisal includes no specific references to the immediate area in which the application site sits. - 4.3 The following policies in the Isle of Man Strategic Plan 2007 are considered relevant:

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 re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services.

• Strategic Policy 4: Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead to unacceptable environmental pollution or disturbance.

• Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.

Environmental Policy 4: Development will not be permitted which would adversely affect:

• (a) species and habitats of international importance:

• (i) protected species of international importance or their habitats; or
• (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.

• (b) species and habitats of national importance:

• (i) protected species of national importance or their habitats;
• (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
• (iii) Marine Nature Reserves; or
• (iv) National Trust Land.

• (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.

Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.

Environmental Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.

• Business Policy 7: 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.

• Business Policy 8: New office buildings should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan.

Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

4.4 Appendix Seven of the Strategic Plan sets out that parking provision should be made for light industrial, research and development of one space per 30 sq m of nett floor space.

• General industrial development should have 1 space per 50 sq m of gross floor space and storage and distribution one space per 100 sq m of gross floor space. "These standards may be relaxed where development: a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or b) would result in the preservation of a sensitive streetscape, or c) is otherwise of benefit to the character of a Conservation Area d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality" (A.7.6).
• 4.5 Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area.

REPRESENTATIONS

5.1 Douglas Borough Council - no objection. - 5.2 Highways Division - no objection:

"This application provides adequate car parking and loading facilities for the proposed use. As a result of the proposal all vehicular and pedestrian access will be removed from Berkeley Street Lane, which is very narrow and not suitable for vehicular traffic."

5.3 Occupiers of Nos. 3, 8, 24, 25, 26 and 28 Albany Street, Douglas - objection (same letter template used):

• - Significant increase in noise, traffic and exacerbation of parking problems/congestion on Albany Street.
• - Additional traffic will pose increased risks to the safety of children living in the area and school children making their way to school.
• - The proposal for light industrial units is ill-considered. There have not been light industrial units operating from the site. Similar applications have been resisted over the years.
• - Even a small increase in traffic would place intolerable pressure on the adjacent lanes and streets.
• - The character of the Conservation Area would be changed.
• - This is a quiet residential area and the proposal is not in keeping. Alternative proposals should be considered instead.

5.4 Occupier of No. 3 Berkeley Street, Douglas - objection:

• - Given the current level of congestion in the area. There is already a severe shortage of parking in the area. Even though some parking is included in the proposal, there wouldn't be sufficient parking available for the development.
• - The area is densely populated with residential houses and the proposals would result in disturbance to the area.

5.5 Occupier of No. 26 Berkeley Street, Douglas - objection:

• - The new buildings will be too high and will block light to their property. The patio will be overshadowed.
• - Loss of views of the hills from their bedroom window.
• - Noise and vehicular traffic could be a problem in this residential area.

5.6 Occupier of No. 9 Albany Street, Douglas - have the following concerns/comments:

• - The Increased noise, particularly during the construction phase.
• - There is little evidence that the existing premises are used regularly as workshop.

• - The area is densely populated house and the proposal has the potential to impinge upon the quality of life of local people.
• - Access to the area by local people is likely to be affected during construction.
• - Increased traffic, a particular concern on Albany Lane which does not have a pavement and is narrow.
• - Possible overspill parking onto nearby residential streets. This would be a particular issue during construction.
• - The siting of a storage depot does not seem to "fit" the area.

5.7 Occupiers of Nos. 8 and 12 Albany Street, Douglas - objection (same letter template used):

• - The entrance bays would be difficult to access by a lorry or van. Vehicles would have to reverse in or out, therefore, creating a hazard.
• - Would larger vehicles have to load in the street?
• - Potential conflict on Albany Lane between vehicles accessing the new parking area and other vehicles
• - What type of industrial use is intended? Concerns that hazardous materials might be involved.

5.8 Occupier of No. 23 Albany Street, Douglas - objection:

• - Increased traffic presenting a highway safety issue, particularly for local children.
• - What is the actual intended light industrial use?
• - Concerns that the proposed on-site parking might not be adequate.
• - Previous applications have been refused.
• - This is a quiet residential area and not suitable for the proposal.

5.9 Occupiers of Nos. 8, 10, 16 and 18 Berkeley Street, Douglas - objection (same letter template used):

• - This is a residential area. The existing light industrial buildings have not been used for some time.
• - Months of disruption during the construction phase - noise, dust and vehicles.
• - It is unclear from the application description what the buildings will be used for. The use is likely to be noisy and a disturbance to the area. Hazardous items might be stored.
• - Increased traffic and impact on highway safety. Particular impact on school children who walk in the area.
• - Possible shortfall of parking. Potential increase in parking problems in the area.
• - The proposed buildings are taller than the existing and could result in a loss of light to the houses on Berkeley Street. The new buildings will be overbearing.
• - Possible overlooking of the rear of the houses on Berkeley Street.

5.10 Occupier of No. 29 Devonshire Road, Douglas (owner of No. 10 Berkeley Street) objection:

• - Loss of light and overshadowing affecting the rear yard as well as dining room and kitchen.
• - Concerns that the proposed on-site parking might not be adequate and remain in the same ownership as the new buildings. Resulting impact on parking in the area, causing traffic problems and disruption for local people.
• - An alternative scheme should be submitted which has a smaller first floor and more parking.

5.11 Occupier of No. 13 Albany Street, Douglas - objection:

• - Disruption to access if Albany Lane were closed.
• - No impact assessment of the effect of construction on local people. Albany Lane will have to be closed during construction and it is a public highway, affecting access for local people. Subsequent hazard, particularly to local children. Impact of construction traffic.
• - Further potential disruption through the installation of new services and utilities.
• - Concerns about public safety during construction when the site becomes a building site.
• - The loading bays require vehicles to either reverse in or out, therefore causing a safety problem.
• - There is no pavement on Albany Lane and the increased traffic on it will result in a safety issue.
• - Insufficient parking, resulting in increased parking in the adjacent local streets. There would not be enough parking for local people.
• - Unnecessary demolition of buildings within the Conservation Area. Change to the character of the Conservation Area. The new buildings will have an additional storey. The design of the new buildings is inappropriate. Manx stone should be used to match the surrounding buildings. Concerns about the design of the windows. A sliding sash design should be used and planning policies on the design of windows in the Conservation Area should be followed.
• - Additional office space is not required in Douglas. If the first floor offices were removed then they would not be much different from the existing buildings.

5.12 Occupier of No. 6 Berkeley Street, Douglas - objection:

• - This is a largely residential area. The existing buildings are mainly used for storage.
• - Increased traffic will be severely detrimental to road safety. Particular impact on children and school pupils who walk through the area.
• - Insufficient parking.
• - The road surface is unsuitable for more traffic.
• - It is unclear what the intended use of the building is. The applicant has an industrial unit elsewhere and there are concerns about inappropriate industrial activities being carried out from the new buildings e.g. welding and the storage of hazardous items.
• - Refers to their objection made on application 04/02162/C - concerns about traffic, parking and safety. The application was refused on grounds of nuisance, noise and traffic safety.
• - The increase in the height of the buildings will have an adverse impact on light to the properties on Berkeley Street at the rear. There will also be overbearing and overlooking. Obscured glazing should be introduced to overcome this.
• - Impact on wildlife - the buildings is a haven for wildlife and bats have been seen.

5.13 Occupier of No. 12 Berkeley Street, Douglas - objection:

• - Concerns about highway safety. Albany Lane is narrow and mainly used by pedestrians; it has limited visibility.
• - Impact on local parking; parking is at a premium on Albany Street.
• - It will be difficult for larger vehicles to access the site.
• - The proposed parking area has only a low stone wall at the rear and could be a security issue for local residents.
• - The existing buildings have been poorly maintained - there is low confidence that the new buildings will be properly maintained. The painted render will likely discolour.
• - Loss of light to their property due to the increased height of the buildings.
• - Overlooking from the first floor offices.
• - Possible structural issues for the existing business unit in the middle which is outside the site and is to be retained. There have been nesting birds in these cracks for years.

5.14 Occupier of No. 22 Albany Street, Douglas - objection:

• - Industrial buildings should not be permitted in a residential area.
• - Increased heavy traffic. Particular impact on local children who play in the area.
• - Increased day time noise - a problem for them because they work for the police, undertake shifts and have to sleep during the day.
• - Housing development would be preferable.
• - The occupant's child has written a letter of objection, stating that they play with their friends in the area and are concerned about extra traffic. They don't wish to see a 'factory' at the site.

5.15 Occupier of No. 6 Brunswick Road, Douglas - no objection:

• - Realises that the impact on their party wall is not a planning issue and they will be contacting the applicants about any remedial works.
• - The proposed use is "light industrial" and they trust that such use will not include businesses which cause noise or fumes, or which would otherwise adversely affect adjacent residential uses.

5.16 Occupier of Apartment 1, No. 32 York Road, Douglas (owner of No. 3 Albany Lane, Douglas) - objection:

• State that they never received an invitation to discuss the proposal and therefore object to the proposal.

5.17 The Planning Authority wrote to No. 6A Brunswick Road, the immediate neighbours to the west, specifically inviting comments but no response has been received. - 5.18 Department of Environment, Food and Agriculture was contacted in respect of a suggestion that the site accommodated bats which are protected under the Wildlife Act 1990. Dr. Selman, Senior Biodiversity Officer in DEFA advises that there are bats in Douglas and a brown long-eared bat has been photographed flying of Stephen House on Woodbourne Road. He suggests that the buildings will need to be checked and advises that the Chairman of the Manx Bat group lives nearby and may have further information. He (Dr. Selman) imagines that the applicant would prefer to have the matter resolved at this stage rather than when the contractors are on site and recommends that a survey could not be undertaken until May/June although a risk assessment could be undertaken at any time. - 5.19 This was put to the applicant's agent who advises that his client has experience of the use of the building for over 30 years and no bats have been observed coming to or from the site. They are as such unwilling to spend a substantial amount of money at this stage on an assessment but would be happy with a condition on any approval to the effect that prior to any works being undertaken an assessment be prepared and submitted.

ASSESSMENT Principle of redevelopment for industrial purposes

7.1 The site is situated within a residential area which is designated as predominantly residential and is surrounded by traditional terraced housing. As such, both the proposed and existing uses are non-conforming albeit that the existing industrial uses within this area have been going on for a considerable length of time. It would appear from the appearance of the site that the buildings are not currently being used and the information provided by some objectors would support this. The applicant states that the site has historically been used as workshops and for storage for 70 to 80 years with the buildings currently being used for storage only. - 7.2 The Douglas Local Plan recognises the area as being predominantly residential. Settlements should aim to achieve a balance of providing homes and jobs, and providing both

• in the same area can be a sustainable approach to development by potentially reducing trips and contributing to the vibrancy of an area. There can however be difficulties in situating housing and employment together, with issues such as noise, pollution and other environmental conflicts, as well potential traffic conflicts. The term light industry is intended to prevent unneighbourly industrial processes operating in such areas where there may be issues of noise and traffic: light industrial use and storage are intended here - the precise proposal is "office/storage/workshop/parking".
• 7.3 It is considered that the existing use is non-conforming and what is proposed would perpetuate that. It is however relevant that the proposal will result in a reduction in the amount of floor area to be used for such uses and that car parking will be provided where none is currently available. However, the use would still remain, to the detriment of those living in properties in the surrounding area. It is fully accepted that the buildings could continue to be used for their authorised purpose, but on the basis of the buildings which exist which have limited accesses and would as such limit the extent of use to which they could be put - perhaps manifest in the fact that the buildings are not currently used. Car parking
• 7.4 The proposed use is not specific in that offices, workshop, storage are all mentioned and each have different requirements for car parking. The use is likely to generate a need for between two and four spaces for the workshops and between three and four spaces for the offices above. It is difficult to envisage the nature of the workshops with the same amount of office space above: small scale joinery workshop type usage usually has a very small area of office use above. Storage use is unlikely to have any significant office use associated with it. The applicant has indicated that they would be the users of the building and that the layout suits their needs. It is however difficult to assess whether the car parking provided would be adequate to accommodate the vehicles generated by the proposed use. However, it is relevant that there is parking available on street in Berkeley Street and Albany Street and as residential roads, it is more likely that parking spaces will be required by those householders in the evenings and at weekends when the workshops and associated offices are mostly not in use. This is endorsed by the Highway Authority who also point out that the proposal will result in the taking away of vehicular access points from Berkeley Street Lane which is considered narrow and unsuitable for traffic. The effect of the proposal upon the character and appearance of the Conservation Area
• 7.5 The visual impact would be the loss of the existing buildings which whilst having a somewhat run down appearance, they are built from local natural stone and have a certain charm. They are not, however identified in the Conservation Area appraisal as being worthy of protection and are not Registered. The proposed buildings try to reinstate some of the features of the existing whilst adding a little to the mass of the existing structure to the east. On balance it is considered that the proposals will not adversely affect the character of the Conservation Area. The scheme has been developed in consultation with the Conservation Officer who offers no objection to the planning application. Although the new buildings have a more formal appearance than the existing, the general character of the existing site is largely retained. Unit 1 to the eastern end of the site is similar in appearance to the residential building next door, having a similar Georgian form. The natural stone facade and more informal style of the existing building are then retained for the rest of the unit.
• 7.6 At the centre of the row the existing stone buildings will be removed to make way for a parking area comprising six spaces. This will not generally be seen from Albany Street to the north and from the north will only be visible from Albany Lane and the rear of the houses fronting the east side of Brunswick Road. To the south, the car park backs onto Berkeley Street Lane, which serves the rear of properties on Berkeley Street and is not a main thoroughfare. The impact of the removal of the currently continuous rank of buildings and replacement with a small car park would therefore have a limited impact on the Conservation Area.

7.7 Unit 2 is also of a more formal Georgian style. It is situated towards the western end of Albany Lane and will also have a limited impact on the Conservation Area, both from the north and south, for very similar reasons. - 7.8 The buildings would incorporate casement style windows, which is considered acceptable and for which the Conservation Officer offers no objection. There is no specific policy requirement for timber or metal windows in the Conservation Area and so UPVC materials are acceptable. The effect of the proposal upon neighbour amenity - 7.9 There are two aspects to consider when assessing the impact of the proposals upon neighbour amenity. Firstly, the impacts of the proposed use and secondly, the impacts associated with the physical works. Dealing with the compatibility of uses issue first, the proposed use of the buildings is light industrial. Light industrial is, by its very its very definition, a use which can co-exist within any residential area without detriment to residential amenity. - 7.10 Turning to the impact of the physical works, the new buildings will be larger than the buildings they replace. Unit 2 to the western end of Albany Lane will be increased in height by 1 metre, from 7.5 metres to 8.5 metres. Unit 1 to the eastern end is situated where there is only a partial existing building. Its height is 8 metres. - 7.11 Dealing with the impact of the proposals on the properties on Berkeley Street to the south first, the increased height of the buildings will result in some loss of outlook for those properties. However, given that the site is at their rear and that the general difference in heights would not be substantial, it is considered that there would be no unacceptable conflict, certainly not which would justify refusal of the application. Similarly, it is considered unlikely that there would be an unacceptable loss of light to the properties on Berkeley Street with the site being to the north and the path of the sun being to the south of the houses. - 7.12 The greater issue is the potential for overlooking from the first floor windows. There would only be 7 metres from elevation to the nearside projected elevation at the rear of the houses on Berkeley Street, with 11 metres to the inner rear facade. The windows in the nearer elevation generally serve bathrooms and are obscured and so there is no particular issue. The windows in the inner elevation appear to serve bedrooms. The elevation to elevation distance of 11 metres is around half of the standard normally expected to prevent serious overlooking. However, given that the proposal is to replace existing buildings, some of which already have first floor windows looking towards the rear of the houses on Berkeley Street, and that the windows would serve an office area which would only be used during the day, it is considered that the relationship is, on balance, acceptable. - 7.13 Turning to the impact of the proposals on the north side, it is considered that Unit 1 would not have a significant impact. There are no particular issues (other than party wall issues which are not a planning consideration) in terms of the relationship with the residential property to the immediate east. There would be no overlooking issues because of the acute angle or particular loss of light issues to the nearest property on Albany Street, No. 2. - 7.14 Unit 2 has the potential for greater impact. Whilst the relationship of the building with the properties to the immediate north is such that there would unlikely be any significant overbearing or loss of light, particularly given that the new building would not be significantly taller than the existing, there is potential for direct overlooking. This is specifically so from the two most western windows into the facing first floor windows of No. 8 Brunswick Road to the immediate north. The elevation to elevation distance would be less than six metres. The applicant has agreed to incorporate obscured glazing in the upper north facing windows which would overcome this issue (it is not deemed necessary for the two eastern windows on the

north elevation). There have been no objections from the occupiers of Nos. 6 or 6A Brunswick Road to the immediate west and no particular issue of conflict has been identified in relation to those properties.

Ecology

7.15 If bats are present in the building there should be a method statement which illustrates to the satisfaction of DEFA how any bats and their roosts will be dealt with as bats are protected under the Wildlife Act 1990. It is disappointing that the applicant has not provided one, firstly as complete determination of the application is not possible without it and secondly, surveys for the species are only possible within certain periods of the year and failure to produce a survey now may result in a delay in the commencement of the works, were the application to be approved subject to a condition requiring a survey and an appropriate method statement which would not be in the applicant's interest. However, none has been provided and the application should be determined on this basis. The applicant has indicated that in their knowledge of the site, going back at least 40 years, there has been no bat activity in the building. It is possible to attach a condition to any approval to require that prior to the commencement of any works on demolition of the buildings, a survey for bats is carried out by an appropriately qualified person and where appropriate mitigation measures introduced if any bats are found to be within the buildings. RECOMMENDATION - 7.16 This is a finely balanced assessment. The existing use is non-conforming and the replacement of the buildings for the same use would perpetuate this use. The buildings are also interesting, if in a poor state of repair and would not appear to be currently, actively used. However, the proposed works would bring about some improvements by way of the provision of parking spaces and the reduction in floor space. The applicant has also agreed that time constraints can be applied to the use of the buildings, which are not in operation at the present time and the access off Berkeley Street Lane would be removed. As such, on balance, it is considered that the application is worthy of support subject to conditions relating to bats, obscuration of the windows and time constraints on operation. - 7.17 It is also worth considering what could happen if planning approval is not granted. Of course the existing buildings could be used for their current purpose, believed to be storage and associated offices with perhaps some workshop use. The proposed development would not introduce significantly larger door openings which could result in heavier traffic visiting the property. If the principle of industrial use here were not considered acceptable, would residential or other use be considered acceptable_ Office use would result in a higher demand for car parking spaces which may or may not be accommodated on the site and residential development would be difficult to accommodate bearing in mind the limited opportunities for an open aspect and amenity space and also there is the potential issue that the occupants would be looking for parking spaces at the same times as the existing residents of Albany Street, leading perhaps to a conflict in that respect. PARTY STATUS

8.1 The local authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. - 8.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d. - 8.3 Department of Environment, Food and Agriculture 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

8.4 The owners of the following properties are considered sufficiently close to the site or access to the site to warrant being afforded party status in this case:

3, 8, 9, 12, 13, 22, 23, 24, 25, 26, 28 Albany Street 3, 6, 8, 10, 12, 16, 18, 26 Berkeley Street

8.5 The owners of 3 Albany Lane and 6, Brunswick Road do not raise material planning considerations but do own property abutting the site and as such should be afforded party status.

SUPPLEMENTARY REPORT At the Planning Committee meeting, the Committee asked that the recommended wording of Condition 5 be altered and a not added as follows:

• 5. The ground floor of the approved buildings may be used only for storage or light industrial purposes as defined in the Strategic Plan and the upper floors used only for offices ancillary to the operations being carried out on the ground floor of either or both buildings. The car parking may only be used for the parking of vehicles associated with the approved development during authorised working hours on this site by those working within the application site.

Reason: For the avoidance of doubt as these are the uses which have been applied for and also in the interests of residential amenity and highway safety.

NOTE The applicant is encouraged, prior to the commencement of any works on site, including demolition, to consult the Department regarding the undertaking of the demolition and re-construction such that disruption and inconvenience to those living in the surrounding area are minimised.

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

08.08.2014

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 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. None of the buildings hereby approved may be used other than between 0800hrs to 1800hrs Monday to Friday; 0800hrs to 1300hrs on Saturdays with no working on Sundays or Public or Bank Holidays.

REASON: to minimise the potential impact through the use of the buildings on those in residential properties close to the site.

• C 3. All windows shown in the approved drawings as being fitted with obscured glazing must be fitted with glass which is obscured to Pilkington Level 5 or equivalent and retained as such unless otherwise approved by the Department.

REASON: to minimise the impact on the privacy and amenities of those in residential property adjacent to the site.

• C 4. Prior to the commencement of any works, including and particularly dismantling or demolishing any of the existing fabric, there must be submitted and approved by the Department a bat survey undertaken by a suitably qualified person which includes measures to deal appropriately with any bats or roosts which are found.

NOTE: Bats and their roosts are protected under the Wildlife Act 1990 and the advice of the Department of the Environment, Food and Agriculture should be sought in this respect. Bat surveys may only be carried out at certain parts of the year. The applicant has been requested to provide such a survey and has not done so.

REASON: to accord with Environment Policy 4 of the Strategic Plan.

• C 5. The ground floor of the approved buildings may be used only for storage or light industrial purposes as defined in the Strategic Plan and the upper floors used only for offices ancillary to the operations being carried out on the ground floor of either or both buildings. The car parking may only be used for the parking of vehicles associated with the approved development during authorised working hours on this site by those working within the application site.

Reason: For the avoidance of doubt as these are the uses which have been applied for and also in the interests of residential amenity and highway safety.

N 1. The applicant is encouraged, prior to the commencement of any works on site, including demolition, to consult the Department regarding the undertaking of the demolition and reconstruction such that disruption and inconvenience to those living in the surrounding area are minimised.

This approval relates to P02 received on 9th October, 2013 and P01A, P03B and P04A received on 26th November, 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 : 1st September 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 See above.