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PLANNING OFFICER REPORT AND RECOMMENDATIONS 14/00615/B Heritage Homes Limited Variation of condition 1 of approved application PA 07/02169/B (re-development of site to provide 53 residential apartments and one commercial unit including use of adjoining scrubland as garden) in order to extend period of permission by four years Former Manx Petroleum Depot And Adjoining Scrubland South Quay Douglas Isle Of Man IMl SAY Application No.: Applicant: Proposal: Site Address: Miss Jennifer Chance Case Officer: Photo Taken : Site Visit: Expected Decision Level: 17.06.2014 Planning Committee Officer's Report THIS APPQCATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE DUE TO THE NATURE OF THE APPLICATION AND AS IT REQUIRES A SECTION 13 AGREEMENT INTRODUCTION This application seeks to vary the time condition of a previous approval such that it provides for a longer period to commence works. The original application was approved in 2008. The application is identical to the earlier application and is accompanied by a Design Statement, a Transport Assessment and a Planning Statement. 1.1 SUE 2.1 The site comprises an irregularly shaped area of land between South Quay and Douglas Head Road, the lower part of which is used by Manx Petroleum as an oil distribution depot Immediately east of the site are the swing-bridge control tower, which is a Registered Building, and the steps which lead up to the Head Road from South Quay. There is a fall of some 18m from the Head Road to South Quay, and the upper part of the site, above the retaining wall, is essentially scrubland with some trees - hawthorn, elder and holly for the most part. THE PROPOSED DEVELOPMENT The application proposes the redevelopment of the site with the construction of 53 residential apartments, one commercial unit and 59 car parking spaces. The application proposes the use of adjoining land as a garden area. Vehicular access to the site would be gained via a single access point from south key, accessing the site through the building with accommodation above. The development proposed would be arranged over five floors including the ground floor, with commercial use and car parking on the ground floor. The front elevation of the building would include both pitched and fiat roofs, significant areas of glazing and a mixture of materials including stonework and red brickwork to match the adjacent Registered Building. The ground floor elevation would be punctuated with glazed windows to the commercial unit, the opening for the car park access and ventilation to the car park area. In addition, gated access points would provide pedestrian access and visibility through the site to the entrance doors and area to the rear. Materials to be used would include powered coated aluminium window frames, render, pre-finished timber boarding. 3.1 14/00615/B Page 1 of 7 11 August 2014

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glass ballustrading with hardwood handrails and zinc panels. Roofing materials would be slate and zinc. PLANNING HISTORY 07/02169/B. Redevelopment of site to provide 53 residential apartments and one commercial unit, including use of the adjoining scrubland as garden. The application was approved on 25 September 2008. Extensions to the approval were granted such that the approval is now due to expire on 25 September 2014. 4.1 4.2 PA 06/00505/B - Erection of an apartment block to provide 60 apartments with associated parking, Manx Petroleum's Depot 8i Adjoining Scrubland, Between South Quay & Head Road, Douglas, Isle of Man. Refused initially 8th September 2006, refused at Appeal 17th April 2007. 4.3 PA 08/00221/B - Construction of building to provide 33 apartments with integral parking. Factory And Premises, 40 South Quay, Douglas. The application was initially refused on impact of the development on residential amenity, but approved at appeal. DEVELOPMENT PLAN 5.1 The site is zoned for Residential use on the Douglas Local Plan. The site is not within a Conservation Area, and the existing buildings are not Registered. The swing bridge control- tower directly adjacent to the site is a Registered Building. 5,2 The following Strategic Plan policies are considered relevant in the determination of the application; Strategic Policy 1; Optimising use of previously developed land and underused land; ensuring efficient use of sites; locating development to utilise existing infrastructure and facilities. Strategic Policy 2: Locating new development in existing towns and villages. Strategic Policy 5: New development should be designed so as to make positive contribution to Island. Strategic Policy 9: New retail development (except neighbourhood shops) and all new office development to be sites within towns on land zoned for such. General Policy 2: General criteria for all new development that in summary seeks to ensure good design within context, no adverse environmental impacts, protection of amenity, and sufficient parking. Environment Policies 10, 11 and 13: unacceptable risk of flooding will not be permission, flood risk assessments should be submitted. Development on sites which would result from Environment Policy 43: Supports proposals which help to regenerate run-down urban and rural areas. Housing Policy 5: New housing schemes greater than 8 units should include provision for a quarter to be affordable. Transport Policy 1: New development should be located close to public transport including pedestrian, cycle and rail: 11 August 2014 Page 2 of 7 14/00615/B

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Transport Policy 7: New development must meet parking standards in Appendix 7 although reductions can be made in sustainable locations and where other transport options are available. WRITTEN REPRESENTATIONS 6.1 DEFA (Environmental Health Officer): Sent for information copy of a letter sent to the applicants to remind them that the flats must comply with the Housing Regulations 2013 and be registered prior to occupation. 6.2 Highway Services. Do not oppose. 6.3 Douglas Borough Council: No objection. ASSESSMENT The application seeks approval to extend the time in which development may commence. Although this is a fresh application and consequently the merits of the scheme fall to be considered again, unless there are any material changes in circumstance, such as new planning policies or a change in the site or land conditions, then the assessment should be consistent with the previous approval. There would need to be very good planning reasons for an alternative decision to be made, 7.1 7.2 TTie applicants have stated: 'Planning approval has been granted under 07/02169/B to redevelop the former Manx Petroleum depot on South quay with an apartment building. Demand for such property since 2008 has been insufficient to justify commencement of the scheme, but it is important for the planning consent to be kept valid so that any demand for new dwellings which results from an improvement in the property market and general economic conditions can be met without delay. There has been no material change in circumstances since the approval of the application, and the Development Plan for the area remains unchanged,' 7.3 The application submitted and approved under reference number 07/02169/B was a re­ design of a scheme refused under PA 06/00505/B. The issues to consider in the determination of the application are: i) design; ii) residential amenity; iii) car parking iv) affordable housing; v) potential for flooding and vi) the commercial use. 7.4 Design The design of the application was reached in consultation with officers of the Department, in particular the Conservation and Design officer, given the location of the site immediately adjacent to a Registered building. 7.5 7.6 The design and materials utilised within the design, draw on influences from within the harbour and the swing-bridge control tower. This is evident in the use of red brick and stone work, and the pitched roofs proposed. The development immediately adjacent to the tower has been reduced in scale and massing in order to appear as a subordinate feature. This is assisted by the introduction of significant glazed areas in this elevation. 7.7 With regard to the impact of the development on the Clover Asphalt site which is directly adjunct to the site and currently the subject of an approval for its redevelopment into apartments. The elevation to this section has been stepped and would be separated by the introduction of steps leading to the garden area to the area. It is not considered that the development impacts adversely either in terms of either visual impact or future development potential. 14/00615/B Page 3 of 7 11 August 2014

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7.8 The mass and design of the scheme is good, taking into account the surrounding context and topography. Residential Amenity 8.1 In terms of the level of amenity to be afforded to new residents, as with any scheme of this type a balance needs to be made In order to achieve design and protect privacy and well as providing adequate light for residents. All living rooms would have relatively good light levels, most having balconies and many overlooking the marina. The ones to the rear do have to look onto the land rising behind but adequate space has been provided for light to be gained. Most bedrooms would also have a good outlook and light, although a with a few the secondary bedrooms have windows that are only 2.5 metres from a wall forming another part of the block, but these rooms are likely to be used significantly less than other rooms and most likely at night. 8.2 To the rear of the flats are areas of hard and soft landscaping with access from rear apartments on the first floor to patio/terrace areas and on upper floors to balcony areas, overlooking the garden and soft landscaping. At its closest point therefore, residents would be some 7m from the start of the banking to the rear, such distance increasing on subsequent upper floors. Car Parking 8.3 The application proposes car parking located at ground floor level with access taken solely from South Quay, Fifty-nine parking spaces are proposed which falls below that required in the Strategic Plan, but this was accepted as part of the previous determination on the basis that the site is in a sustainable town centre location site. Affordable Housing 8,4 There is reference within the submitted Planning Statement to the provision of 25% affordable housing. The previous application was subject to a legal agreement and it is suggested that this agreement could be amended to be pursuant to the current application. Flooding 8.5 The lower part of the site appears to lie within an area with potential for tidal flooding under the Manx Utilities Authority (MUA) floodmaps. These were not available at the time of the determination of the previous application and consequently the matter not considered at that time. Manx Utility Authority have been consulted on the application and their comments will be reported orally at the meeting. As tidal flooding is normally predictable and the ground floor of the proposed development is taken up by car parking and a commercial unit it is unlikely that any major changes to the development will be requested by the MUA, but it is expected that a condition regarding a warning/evacuation plan will be required. 8.6 Commercial Unit 8.7 The commercial unit was proposed and accepted at the time of the last application. In considering the proposal it is necessary to understand what was meant by commercial as this is not a planning term that defines any particular use. In speaking with the applicants it was envisaged that it be some kind of newspaper shop or convenience store. There is no objection to a shop that is dearly intended to serve the locality. Rather than leave the term unrestrained, whereby commercial could mean unneighbourly uses such as a car repair shop, it is considered that the unit be restricted to Class 1 (Shops), Class 2 (Financial and Professional Services - excluding betting shops) or Class 4 (Offices). Conclusion Page 4 of 7 11 August 2014 14/00615/B

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In conclusion, the application site is zoned for residential development under the Douglas Local Plan and the proposed form of development accords with the relevant requirements of the Isle of Man Strategic Plan 2007, The only material change since the previous application was determined is the publishing of the flood maps. Subject to the development being acceptable in flooding terms then the application is recommended for approval, subject to an amendment to the S13 Agreement regarding affordable housing. 8,8 INTERESTED PARTY STATUS 9.1 Douglas Borough Council; The Department of Infrastructure Highways Services; The Department of Environment, Food and Agriculture, Environmental Health Division should be awarded party status under the Town and Country Planning (Development Procedure){No 2) Order 2013. Recommendation Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : 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. To comply with article 14 of the Town and Country Planning (Development Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C2. The road widening works detailed in Drawing number ap07 Revd and the Transport Assessment Ref: 06-156'V3 must be completed prior to the commencement of works associated with the development hereby approved, to the satisfaction of the Planning Authority following consultation with the Department of Transport Highway Division. Reason: In the interests of highway safety. C3. No development shall commence until a sample panel of all external facing materials to be used has been erected on site and approved in writing by the Planning Authority. The approved sample panel shall be kept on site for reference until the development is completed. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area. 11 August 2014 14/00615/B Page 5 of 7

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C4. Prior to the occupation of any of the proposed apartments, all of the proposed parking spaces must be completed and available for use. Reason: In the interests of highways safety and residential amenity. C5. No roof-top clutter may be erected or installed without the prior submission of a planning application for such installations. Reason: In the interests of residential amenity. C6. No development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Planning Authority. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include the number, density, size, species and positions of all new trees and shrubs; the location of grassed areas details of the hard surface treatment of the open parts of the site and a programme of implementation, All hard and soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Planning Authority. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Planning Authority. All hard landscape works shall be permanently retained in accordance with the approved details. Reason: To ensure the provision of an appropriate landscape setting to the development. C7. There must be no discharge of surface water to the main foul sewer. Reason: To maintain the capacity of the foul sewer and in the interests of the environment. C8. Prior to the occupation of the development hereby approved, gates shall be erected at the eastern side of the building and thereafter retained. Reason: In the interests of residential amenity and safety. C9. Prior to the commencement of the development, details of the gates proposed must be submitted for consideration and approval by the Planning Authority. Reason; In the interests of visual amenity. This approval relates to Drawing numbers: asOl rev a; as03 rev b; aeOl rev b; ae02 rev a; ae03 rev a; ae04; ae05; ae06; apOlrev f; ap02 rev g; ap03 rev C; ap04 rev b; ap05 rev b; ap07 rev d; ap08 rev b; ap09; 10, Page 6 of 7 11 August 2014 14/00615/D

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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 : Committee Meeting Date: Signed :... Presenting Officer Further to the decision of the Committee an additional report/condition reason is required, signing officer to delete as appropriate YES/NO 11 August 2014 14/00615/B Page 7 of 7