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                                                 15/00232/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/00232/B Applicant : Thyme Ltd Proposal : Creation of a temporary car park Site Address : 19 - 20 St Georges Street Douglas Isle Of Man

Case Officer : Mr Edmond Riley Photo Taken :

Site Visit : 18.03.2015 Expected Decision Level :

Officer Delegation

Officer’s Report

1.0 THE SITE

1.1 The application is an almost-triangular parcel of land situated at the southeastern corner of St. Georges and Hope Streets. Also within the control of the applicant are two parcels of land on Circular Road to the northwest, on which planning approval exists for the construction of a large office block connected by an over-highway walkway.

1.2 The site is relatively level and flat and is laid out as a car park with the access and exit from the west onto St. Georges Street. The site remains un-finished and is bordered by timber post-and-rail fencing on the northwestern and southeastern sides. On the other boundaries are a stone wall and the remaining buildings on St Georges Street.

2.0 THE PROPOSAL

2.1 Temporary planning approval is sought for the creation of a temporary car park on the site. This includes the post-and-rail fencing mentioned above, which is already in situ but apparently without the benefit of planning approval (see below).

3.0 PLANNING HISTORY

3.1 The site has been the subject of an extensive and fairly contentious planning history, with a number of proposals for large-scale development comprising office blocks and apart- hotels submitted, some of which have been approved and others not. Perhaps of most relevance is the approval issued to PA 03/00533/B seeking "Creation of temporary car park at recently approved development site".

3.2 That approval carried four conditions (two of which appear to be contradictory) and an advisory note:

C 1 "The development hereby permitted shall commence before the expiration of four years from the date of this notice."

C 2 "This approval relates to the use of the site as a car-park for a period of 18 months expiring on the 28th February 2005, after which this temporary use must cease unless there is by that time permission to continue the use."

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                                                 15/00232/B
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C 3 "This approval relates to the layout and details shown on drawing number HLK/03/0192/1a which is date stamped 16th July 2003, and which shows, inter alia, a 1.2 metre high post- and-rail fence around the site."

C 4 "The hardcore surface must be so sealed as to prevent the tracking of stones and fine material onto the highway and the washing of fines into the sewerage system."

N 1 "It is recommended that there should be included suitable spaces reserved for disabled drivers."

3.3 Notwithstanding the confusion between the first two conditions, the car park use remains ongoing. It does not appear that an enforcement case was opened in respect of this apparent unlawful activity.

3.4 Also of relevance is the planning approval granted to PA 14/01131/B late in 2014. This application sought approval for the "Erection of an office building with integral car parking", and the approval notice carried with it the following condition:

C 2 "Prior to the occupation of the new building hereby approved, the applicant must have approved by the Department details of the provision of car parking to serve the development. This must address the total number of spaces required to be provided under the terms of the Strategic Plan or a justification for any reduction in this provision such as a Travel Plan, and with a phasing arrangement for the delivery and retention of the spaces and the monitoring of the Plan. Once provided, the car parking spaces must be retained for use by those employed within or in association with the development hereby approved.

"Reason: in the interests of road safety and reducing vehicular traffic to the development."

The applicants in both cases are the same. The agent advises in a covering letter that "It is planned to submit a full application for a multi-level car park and ancillary accommodation in accordance with Condition 2... However, in the interim and whilst the office building is under construction the use of this site as temporary car parking for Microgaming staff is sought".

3.5 The agent conclude the letter as follows: "This site has had previous consent for such a use (PA 03/05533/B [sic]) now expired and consequently the applicant seeks to reinstate such a consent for a period of no more than two years".

4.0 PLANNING STATUS AND POLICY

4.1 The site lies within an area designated as Predominantly Offices on the Douglas Local Plan. Although the use proposed does not directly comply with that, it is considered that the most appropriate policy to apply in this case is General Policy 2 of the Strategic Plan - car parking and office use are often complimentary. General Policy 2 states (in part): "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:

(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;

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                                                 15/00232/B
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(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."

5.0 REPRESENTATIONS

5.1 Highway Services offered no objection to the proposal on 27th March 2015, subject to the following condition: "the car parking shall be used only in association with the office developments outlined in blue on drawing no SC1328-00-10 dated October 2014 and shall not be leased for the parking of other vehicles". The plan referred to is the sole plan submitted in respect of this application.

6.0 ASSESSMENT

6.1 Condition 2 of the approval to 14/01131/B probably relates to the internal arrangement of car parking on the blue-edged land on the submitted plans. As such, any new multi-level car park - or temporary car park such as that proposed - on land outwith the application site of 14/01131/B would not relate directly to the wording of Condition 2. However, it probably does relate to the intention of Condition 2. In any case, what is now proposed is the use of land for a car park temporarily and, to simplify matters, is treated independently of that Condition. That being said, the condition requested by Highway Services would link the red-edged land the subject of the application site to the blue-edged land the subject of PA 14/01131/B. Such a condition would be appropriate to attach here since it would enable the future discharge of Condition 2 to PA 14/01131/B; indeed, without such a condition, were the land here proposed for parking used in any other way, it is conceivable that the condition could not be discharged.

6.2 The land the subject of the application has been previously granted temporary planning approval for the use now proposed. Although the land is in permanent use as a car park in conflict with that approval, the fact remains that it is in that use. While the land is in a transition phase between the demolition of the previous buildings on the site and any new building that will likely be erected there in future, it seems sensible to allow the regularisation of a use that does not appear to have caused any serious concerns with respect to highway safety during its unlawful use. While the site is by no means the most attractive, a car park is an appropriate land use within an edge-of-town centre location and, evidently, the use is only expected and intended to be temporary. It is therefore considered that a time-limited approval would be appropriate in this case, and a condition to this effect is recommended accordingly.

7.0 RECOMMENDATION

7.1 It is recommended that the application be approved for a temporary period only.

8.0 INTERESTED PERSON STATUS

8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.

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Recommendation

Recommended Decision:

Permitted Date of Recommendation: 01.04.2015

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 use hereby approved shall be for a limited period of 2 years from the date of this approval, and on (or before) the expiry of this approval the use shall be discontinued and the land restored to its former condition in accordance with details to be submitted to and approved in writing by the Department.

Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need.

C 2. The land the subject of this application shall be used solely for the parking of motor vehicles of those employees working on or within the land parcels edged in blue on the submitted plan SC1328-00-10, date-stamped as having been received 2nd March 2015.

Reason: Without this condition, it is possible that a planning approval on the land edged in blue could not be lawfully implemented, and is in any case intended to be used in connection with that land. Such a condition is therefore in the interest of highway safety generally and in the interest of providing sufficient car parking space more specifically.

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This approval relates to plan SC1328-00-10, date-stamped as having been received 2nd March 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 02.04.2015 Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed :... Sarah Corlett

Senior Planning Officer

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                                                 15/00232/B
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Signed :... Michael Gallagher

Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance

Head of Development Management