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15/01034/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01034/B Applicant : Dandara Commercial Limited Proposal : Variation of condition one of approved PA 11/01447/B (replacement of existing retail and residential units with office building, Use Classes 2a, 2b and 4) in order to extend period of permission by four years Site Address : 38 - 40B Finch Road & Nos 19 & 21 Well Road Hill Douglas Isle Of Man IM1 2PP
Case Officer : Mr Edmond Riley Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS A PREVIOUS - IDENTICAL - SCHEME ON THIS SITE WAS ALSO BROUGHT BEFORE THE COMMITTEE FOR THEIR CONSIDERATION IN 2011.
THE PLANNING COMMITTEE DEFERRED DETERMINATION OF THE APPLICATION AT THE LAST SITTING WITH A VIEW TO SEEKING CLARIFICATION IN RESPECT OF PARKING MATTERS AND HOW TO ADDRESS THESE. IN VIEW OF THE FACT THAT THE APPLICANT IS CONTENT WITH A CONDITION REQUIRING THAT THE NECESSARY PARKING SPACES ARE SECURED VIA A LEGAL AGREEMENT, AND FOLLOWING DUE CONSIDERATION OF THIS ARRANGEMENT, IT HAS BEEN CONCLUDED THAT SUCH AN APPROACH WOULD NOT BE UNACCEPTABLE IN THE PARTICULAR CIRCUMSTANCES OF THIS CASE.
ASIDE FROM AN AMENDMENT TO THE SUGGESTED CONDITION SET IN RESPECT OF THE ABOVE, THE REPORT THAT FOLLOWS IS IDENTICAL TO THAT WHICH WAS PRESENTED TO THE COMMITTEE FOR THEIR PREVIOUS SITTING.
1.0 THE SITE
1.1 The site is a parcel of land that includes 38, 40, 40a and 40b Finch Road as well as 19 and 21 Well Road Hill (the single storey units on the western side of Well Road Hill between Finch Road and Market Street). Also included is the open area to the rear of 38 and 40 Finch Road. All the buildings are presently vacant.
1.2 38 and 40 Finch Road are a pair of three-storey, plain-fronted dwellings with slated roofs, a chimney on each gable with conjoined solid square porches in the centre of the ground floor frontage onto Finch Road. The buildings are detached from number 36 to the south but adjoin numbers 40a and 40b to the north. These properties are single storey, flat roofed retail units. It would seem that neither of these premises is occupied although fairly recently one was used as a newsagent and the other as a hairdressing salon. These buildings are significantly lower in height than nos.38 and 40, allowing much of the northern gable of the larger properties to be visible from Finch Road to the north. Parking is restricted along parts of Finch Road to make provision for the various vehicular accesses to the individual buildings. To the front of the retail units there is only
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limited authorised parking available. When the buildings were being used, this often led to vehicles being parked on double yellow lines while drivers were delivering to or visiting the units.
1.3 Well Road Hill has small, single storey units at the top half on the right hand side as one proceeds downhill towards Market Street. Both of these units are presently vacant (previously one was used for the sale of sofas and the other for the sale of food for consumption off and on the premises). Below the retail units there is a stone wall that is approximately 2.5m high and which leads to the side of Markwell House, the premises of the Department of Health and Social Care. There is a pedestrian door in the wall alongside Markwell House. Behind the wall there is open, undeveloped space with a small number of trees.
1.4 The site is prominent from various viewpoints and the buildings on it are directly in front of those proceeding down Christian Street or up/down Well Road Hill. The buildings within the site vary considerably in size massing, with 38 and 40 Finch Road dominating the other buildings in the site as viewed from virtually all angles. The smaller single storey units are quite distinct from the other buildings in the immediate vicinity, and are generally of basic form.
1.5 There is no on-site parking available within the application site.
1.6 The site is not within a Conservation Area and nor are any of the buildings Registered, albeit several buildings to the south along Finch Road are Registered and much of the land to the west falls within the Douglas (Windsor Road) Conservation Area, which was adopted in August 2003.
2.0 PLANNING HISTORY
2.1 The site, as well as the land surrounding it, has an extensive history. Of most relevance is the approval issued to PA 11/01447/B, which represented a minor amendment to that approved under PA 08/01953/C, which in turn varied the approved uses in the buildings approved earlier that year under PA 08/00924/B.
2.2 The 2011 approval sought, in the words of the case officer at the time, the following:
"Proposed is the demolition of all structures on site - the dwellings and shop units together with the stone wall alongside Well Road Hill, and their replacement by a complex of buildings which would accommodate offices at the lowest level alongside Markwell House off Well Road Hill. There would be approximately 3,729 sq. m of office floor space. The nett floor area would be approximately 2200 sq m (excluding circulation space, toilets etc).
"The building would be 4.5m higher, at its highest point, above the existing buildings at 36, Finch Road and between 2m and 3m lower than the building approved under PA 08/0933 to replace these buildings (not yet implemented). The frontage to Finch Road would be approximately 9.5m higher than the top of Markwell House which is approximately 23m to the east. The principal part of the building would be 18m tall fronting onto Finch Road, stepping down a floor towards the corner with Well Road Hill. The design of the building takes a tiered approach so that at the lowest level, the site would be totally developed and as the building would get higher above ground level, it would step back from Markwell House and Well Road Hill. Where the building would step back, the opportunity is being taken to introduce planting. It is not proposed to retain the existing trees or open area but to replace these by managed landscaped areas created within and atop various parts of the building.
"The building would step down in three stages alongside Well Road Hill, reducing the highest expanse of walling to 3m which is a very small section mid-way down the hill. This part of the building is to be finished in stone. As such the view from pedestrian level of the side of the building would not be a large expanse of uninterrupted walling but a variety of differing materials, shapes and floors.
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"The overall design concept is one of dominant vertical elements to the Finch Road frontage and horizontal edges, turning the corner onto Well Road Hill from where the building would be very horizontal to take account of the depth of the site and the stepping down of the building to take account of the contours of the land. The materials proposed to be used would be a combination of coloured stucco, grey coloured aluminium windows with contrasting, mainly horizontal lines of stucco around windows and under the eaves at the upper levels. The roof would be finished in slate grey single ply roofing membrane and the decked areas would be finished in paving.
"At the time of the 2008 application, the applicant confirmed that they had consulted with the Department of Agriculture, Fisheries and Forestry (now DEFA) Forester who suggested that the trees on site were of limited value and that the site is more suited to shrubbery type vegetation rather than trees.
"An energy impact assessment is provided which explains that the building will be well insulated, high efficiency condensing boilers to be installed, with many internal features which will be installed at the discretion of the occupant of the building and which are not controllable by the planning process. Water butts are to be installed where practicable and all building materials would be sourced locally where possible. There is nothing in particular which describes how the building itself has been designed or positioned to maximise energy efficiency and much, if not all of what is proposed is not subject to planning control. However, what has been provided satisfies the requirement of the Strategic Plan Energy Policy 5 to include such an impact assessment."
It is worth noting that no parking was proposed to be provided within the scheme.
2.3 The 2011 approval differed from that of the two 2008 approvals save for the exclusion of the previously proposed cafe area. The applicant sets out that at the time of the 2008 approval, the owner of the cafe at that time wished to continue trading from the replacement café. This was no longer the case in 2011: the premises was vacant and the café business sold. The application instead sought to provide additional office space.
2.4 It was, as noted, approved. The following five conditions were attached:
C 1. "The development hereby permitted shall commence before the expiration of four years from the date of this notice."
C 2. "This permission relates to the demolition of all buildings on site and the erection of a new office building with landscaping as shown in the drawings office-ap51, office-ap52, office-ap53, office-ap54, office-ap55, office-ap56, office-ap57, office-58, office-59, office-60, office-61, office-62, office-63 and office-ap64 received 17th October 2011."
C 3. "No development may commence on site, including demolition of any structure, until such time as there is in place a legal agreement which illustrates how 44 parking spaces are to be provided within a convenient walking distance (400m) of the site. The building may not be occupied until such spaces are available for use by occupants of the permitted building."
C 4. "The building illustrated as being an office may be used only in accordance with Classes 2 (a), 2 (b) and 4 of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005."
C 5. "All planting, seeding or turfing comprised in the approved details of scheme must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species."
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2.5 As noted, PA 08/01953/B sought variation of condition 4 of approved office building (PA 08/1953/C) to allow additional use for professional services (Class 2). This was permitted with Condition 4 being amended to the following text:
"The building illustrated as being an office may only be used in accordance with Classes 2 (a), 2 (b) and 4 of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005 and the cafe element as shown in the approved plans may be used for the sale of hot and cold food for consumption on the premises and the sale of hot or cold food for consumption off the premises."
Conditions 1, 2, 3 and 5 outlined in paragraph 2.4 above were retained in that form.
2.6 There have been, and in some cases remain, extant approvals for office developments in Douglas. The following is a brief summary:
o PA 06/00014/B proposed the demolition of the two dwellings at 38 and 40, Finch Road and their redevelopment, including the land to the rear, extending down to Markwell House but excluding the hairdresser's, newsagent's, former sofa shop and food outlet. This was refused at appeal for five reasons relating to overdevelopment, poor design and inadequate highway access. o PA 03/01473/B sought, and was granted, the demolition of the offices and gymnasium around the former Corkhills building, which is now vacant, and their replacement with a four storey office development. Part of the permission, granted on appeal, required there to be a legal agreement to provide 14 car parking spaces off site. That agreement was put in place although, despite a time limit extension taking the extant approval until 29th December 2011, the application has now expired. o Subsequently to the above, however, PA 14/00799/B sought and was granted approval for an office development. The building approved there was smaller than that sought under the expired 03/01473/B and also provided for 28 parking spaces, one condition requiring these to be provided prior to the occupation of the building. o Re-development of part of Chester Street Car Park was approved under PA 06/01745/B, and proposed the creation of a doctor's surgery and associated development. This development is now complete. o Planning approval was also granted to PA 07/01715/A at St. George's Street in Douglas following the Planning Committee's refusal of the application for reasons relating to design and appearance. The proposal was for 1,400sqm of office floor space and 15 car parking spaces were provided. The Inspector accepted that the proposal did not provide the number of spaces which were required by the Strategic Plan (28) but that the constraints of the site and the provision and implementation of a Travel Plan which would illustrate how the applicant could take steps to avoid users of the building travelling to site by private motor car justified setting aside the requirement for the spaces in this case in accordance with the balanced approach suggested by the Strategic Plan Appendix Seven A.7.6. o Other recent office block developments can be found under PAs 14/01131/B (where development is currently underway for offices to be used by Microgaming) and 14/01099/B, at Exchange House. The latter scheme, which was refused by Planning Committee on grounds of design and inadequate parking provision, was granted approval at appeal on the condition that a Travel Plan be submitted and approved prior to work commencing. This Travel Plan has not been submitted to date.
2.7 Perhaps the key assessment points arising from these decisions are the attention paid to design and also the amount of parking provided.
3.0 THE PROPOSAL
3.1 The application now submitted seeks to vary Condition 1 attached to PA 11/01447/B to enable the development to have a further four years before it must commence. The applicant was asked to expand upon why four years - as opposed to the more common two years - was sought. He responded as follows:
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"There are a few reasons why we consider four years to be an appropriate extension period. As you know, it is important for a developer to maintain valid planning consents on sites within his control; this is important in terms of development financing, but that benefit (and the relatively minor benefit of using a vacant site for temporary car parking) pales into insignificance compared to the commercial benefit of developing the site if possible. For that reason it is vitally important to have schemes which can be taken up at relatively short notice should the market improve or should a customer request it. A brownfield site without a valid consent is far less likely to be developed in the short term (and thus attract much needed investment into the Island's economy) than a site which has maintained its planning approval. Whilst we have previously requested extensions of four years, unfortunately it is our recent experience that the Planning Authority has only been willing to extend approvals for 2 years; we cannot see how this approach can be said to benefit regeneration objectives, on the contrary it leads to increased cost and inconvenience for both the developer and Government and is unhelpful to say the least. It goes without saying that the prospect of an approval expiring or only being extended for a period of 2 years will not persuade a developer to construct a multi-million pound scheme on a speculative basis."
4.0 PLANNING STATUS
4.1 The site lies within an area designated in the Douglas Local Plan 1998 as Predominantly Offices. As such, it is considered that several policies and related text within the Strategic Plan are applicable to the consideration of this application.
4.2 Strategic Aim: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage".
4.3 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 and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services".
4.4 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 or 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"
4.5 Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."
4.6 General Policy 2 (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
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(e) does not affect adversely public views of the sea; (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; (n) is designed having due regard to best practice in reducing energy consumption."
4.7 Environment Policy 42: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
4.8 Transport Policy 7 "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards".
Appendix 7 sets out that the parking requirement for new office space will be 1 space per 50 square metres of nett floor space and which goes on to state:
"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).
4.9 Numbers 4 to 24 Finch Road represent Registered Buildings 93 - 102 inclusive. In the middle of this row, number 10 is not Registered. The application site is separated from the Registered Buildings by numbers 26-36 Finch Road, which are not Registered and which were the subject of a contemporaneous application when PA 08/00824/B was refused (PA 08/00933/B, which proposed demolition of the existing buildings and their replacement by a single office building with on-site parking, was approved, and its expiration date extended, but has since expired).
4.10 The site lies opposite, but not within, the Windsor Road Conservation Area. The Conservation Area includes the former Corkill Removals site already discussed, as well as the former Bank of Ireland Building to the rear. The dwellings on Mona Terrace (to the north of the music shop and opposite Chester Street Car Park), and the older properties on Mount Havelock at the south eastern end of Christian Road, are also included. Excluded is the surface level car parking on Mount Havelock and the shop units beneath that front onto the western side of Finch Road.
5.0 REPRESENTATIONS
5.1 The Highways Division of the Department of Infrastructure offered no objection to the proposal on 1st October 2015. In respect of the previous, identical scheme, they commented: "There should be no adverse traffic impact from this development if the car parking provision is secured prior to occupation of the building as per the condition applied to the previous application."
6.0 ASSESSMENT
6.1 The existence of an extant planning approval for an identical scheme is clearly a strong material consideration. There have been no changes in policy since the 2011 approval on this site.
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Moreover, the only relevant decisions (whether following an appeal or via the Planning Committee) issued since then have indicated a general support for office buildings in Douglas even where these have not provided the parking levels required of the Strategic Plan's Appendix 7. However, the method of addressing that parking shortfall has altered; this will be discussed later in this report.
6.2 In spite of this, it remains appropriate to outline certain extracts of the case officer's report in 2010, the comments within which do occasionally refer to similar schemes approved in 2006 and 2008:
"27. The removal of the cafe area and its replacement with additional office space is judged to be a minimal change in terms of impacts upon the surrounding area. The Highways Division remains content with the proposal and the site is close to existing cafe provision, one of which is located on the corner of Finch Road and Mount Havelock. It is considered that the proposed amendment raises no sustainable reasons to refuse this application.
"28. The matter of the value of the existing buildings was not considered to be a reason why the principle of the redevelopment of this site should have been refused in the previous application, PA 06/0014 and indeed, other than a comment made by the Society for the Preservation of the Manx Countryside and Environment, there was no objection to the principle of the demolition of the buildings at that time by any other party. There have been no changes in policy since then which would justify greater protection of these buildings than was the case at that time.
"29. Subsequent to the submission of the 2008 application, the Conservation Section of the Department considered the merits of the buildings in question, along with those which are the subject of the application for 24-34, Finch Road and concluded that in both cases, the buildings were not of sufficient interest or merit to warrant Registration or objection to their demolition.
"31. As such, there is no objection to the principle of the demolition of the existing buildings on the site and their replacement by a new building or buildings. The site lies within an area of Predominantly Office use on the Douglas Town Plan of 1998 and the proposed use of the site would now be exclusively offices. As such, the proposed use is considered acceptable.
"32. In the assessment of the visual impact of the building, it is relevant to consider the previous proposal and the decision taken on appeal. This decision was critical of the mass and size of the building in terms of its impact as viewed from Well Road Hill and Market Street and the loss of the greenery behind the building. This latest application proposes a comprehensive scheme which was suggested to be a more appropriate approach in the earlier application and as such there is no sudden increase in height from the existing single storey flat roofed buildings which were previously to remain.
"33. The building has been designed to step away from both the lower end of the site and from Well Road Hill and to introduce some planting alongside the outer edge of the building. Whilst this will not provide the same amount or type of vegetation which is presently at the rear of the building and visible from Well Road Hill, it does break up the elevations and will not be dissimilar to the planting which is in and around the car park opposite the site. The existing vegetation behind the wall has value for wildlife and public amenity, however, its location would prejudice the optimum re- development of the rest of the site - protection of the trees would be difficult whilst development was being undertaken, at the very least. As such, provided that the scheme introduces greenery and interest then this is not considered a sustainable reason for refusal. The scheme proposes smaller scale and wider spread greenery, more akin to its urban location and this is considered acceptable. An additional condition is recommended to ensure that the planting is carried out once the development has been completed.
"34. The context of the site includes the proximity of the Conservation Area, which was specifically referred to in the previous appeal as not including the application buildings and Registered Buildings, which are not immediately adjoining the site. In addition, there are a number
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of sites immediately alongside the site which have planning permission for redevelopment or which are proposed for such. The context of the site and the edge of the Conservation Area is changing and it is relevant that the Inspector for the previous application found no fault with the elevational treatment to Finch Road or the general design approach to the scheme. As such, whilst the scheme is modern, it has clearly taken into account the corner location, in that it steps down towards and around the corner of Finch Road and Well Road Hill and acknowledges the significant change in ground level from west to east.
"35. It is considered that the scheme is acceptable and in the context of both the redevelopment of the adjoining buildings in Finch Road, or if this scheme does not go ahead and number 26 - 36 Finch Road remain in their present form.
"36. Given that there are no external changes to the 2008 scheme, the assessment of the Building Conservation Officer undertaken in respect of the 2008 application is judged to remain relevant. At this time, Manx National Heritage raised concerns about the loss of the existing buildings. This Building Conservation Officer's assessment is set out below.
"41. In respect of car parking, the applicant proposes that the spaces which are required in association with this application are provided by the approved, though not yet implemented development of the Greeba Works site on Market Street. The site has been cleared and is currently being operated as contract parking. A total of 44 spaces would be required for the office element of the development (2200sq.m/50). This is an increase of 1 space compared with the previous scheme which has resulted from the slight increase in office space. It should be noted that there is no space presently on site for any of the existing or potential authorised uses of the existing buildings. It should also be noted that the Strategic Plan makes provision for flexibility to be applied to parking standards within town centre locations (see A.7.6.d and Strategic Policy 10 above) and the recent decisions in respect of the doctors' surgery (which required provision of staff parking spaces off- site), the re-development of the AE Corkill site (where 14 spaces were required by way of a legal agreement) and the office development in St. George's Street (which reduced the number of spaces provided in association with the adoption of a travel plan) are relevant. It is also pertinent that the on-street spaces in and around the site (Albert Street, Mona Street, Christian Street, Finch Road) are generally fully occupied throughout the day and Chester Street Car Park has limited capacity for additional day-time spaces. As such, it is considered appropriate that some provision is made to accommodate the vehicles which are likely to be generated by the office element of this application.
"42. In this case, it is suggested that a condition be attached requiring the production of a legal agreement to provide the spaces prior to the commencement of any work on site. PA 03/1473/B included reference to a distance of 400m in which the parking spaces should be provided and "Better Places to Live" a companion to PPG 3 refers to bus stops being no further than 300m apart."
"Conservation Officer's Supplementary Report (At The Time Of The 2008 Application):
"37. The proposal site is located in a very prominent position on the end of Finch Road, immediately adjacent to the Woodbourne Road Conservation Area in Douglas. There are currently some poor quality two storey shops on the corner portion of the site and a pair of early 1800's houses further up Finch Road. The latter were investigated for worthiness of addition to the Protected Buildings Register in the late 1970's/early 1980's when most of Finch Road were considered for Registration, but were not considered to be of comparative quality to those Registered. As the Planning Officer has pointed out within their report, the issue of retention was not considered in the previous Appeal on the same site.
"38. Following receipt of the correspondence from Manx National Heritage, the buildings were re- appraised. Access was gained to No 38 Finch Road, but not to No. 40. The detailing inside No. 38 was not considered remarkable, fire places were missing and there was evidence of alteration, specifically to the upper floors that was considered eroded the quality of the buildings. Given the structural issues prevalent and the qualitative issues mentioned, it was considered that the buildings
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were not of sufficient merit to warrant addition to the Protected Buildings Register in accordance with the categories as set out within Planning Policy Statement 1/01 - Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.
"39. Turning to the proposals; the architectural approach to the design of the building is modern contemporary utilizing a materials palette that includes a stone base, painted render 'stucco' and zinc panels, aluminium framed glass and flat roofs. The massing of the building is sympathetic to the topography of the site and the scale of the buildings to which it is neighbour by stepping up Well Road Hill to the corner addressed with large plate glass windows and up again to Finch Road.
"40. The modelling of the Finch Road façade is developed using vertically proportioned render panels with punched window apertures which allude to the façade of Nos. 38 and 40 Finch Road, the former early Victorian houses on the site. The junction with the adjoining terrace is handled via a setback in the facade which will create a shadow gap and therefore separation between the two. The visible floor zones in the glazing anchor the potentially disparate sections together and result in what is in my opinion, a building that successfully addresses the constraints of the site and is therefore successful."
6.3 There does not seem to be any reason to reach a different conclusion on this occasion. The explanation behind the request to extend the approval for a further four years is reasonable and there are no circumstances to justify issuing a shorter time period.
6.4 However, since the 2011 approval was issued, there has been a change in the manner via which the Department addresses a parking shortfall in schemes of this nature. The condition requiring a legal agreement be signed, securing the necessary 44 spaces off-site, is understandable and appropriate to its time. Since then, though, and with the notable case of the appeal decision at Exchange House, conditions requiring the submission of a Travel Plan prior to development commencing have been attached instead. These give more flexibility for the applicant to address the issue and also have a lower cost implication - they are, in short, more reasonable and also more comfortably meet the six tests of lawfulness that a condition must meet. It would also be acceptable to attach such a condition in this case because, although that condition has not been sought for amendment by the application, the key point of the assessment of this application has been to determine what circumstances, if any, have changed since the approval was first issued: identified above is such a change.
6.5 The agent to the application was contacted for his thoughts on this proposal and he commented as follows:
"We'd have no issue with a condition which requires the approval of a Travel Plan rather than the use of a legal agreement. The multi-storey car park on Market Street which would serve this development is a Dandara [same company as applicant] scheme, its approval period was extended under PA 14/00580 but it is yet to be commenced."
In view of this, a Travel Plan is considered an appropriate and acceptable route to take.
7.0 CONCLUSIONS AND RECOMMENDATION
7.1 Given the land designation of the site as Predominantly Offices, the use of all of the building for offices is considered to remain unobjectionable.
7.2 The scheme as a whole is also considered to remain acceptable and as such it is recommended that approval be issued subject to a similar conditions set as that issued to the 2011 approval. One obvious exception is the time limit, while the condition previously issued relating to the approved plans is now recommended for adding as an advisory note in line with current procedures. The other primary change is the removal of the condition requiring a legal agreement
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be signed with respect to the provision of 44 parking spaces on the site, and its replacement with the discussed condition seeking the submission and approval of a Travel Plan.
7.3 Thirdly, reasons for each of the conditions are included. A fourth amendment relates to the reference to the 2005 Permitted Development Order, which has now been superseded by the 2012 Permitted Development Order.
8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
o The applicant, or if there is one, the applicant's agent; o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested o Highway Services of the Department of Infrastructure, and o The local authority in whose district the land the subject of the application is situated.
9.0 POST-PLANNING COMMITTEE UPDATE
9.1 The Planning Committee expressed their contentment with the revised condition set relative to that recommended at their previous sitting, although there was a request that an additional condition regarding a Travel Plan be added. This was duly done.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.10.2015
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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 development may commence on site, including demolition of any structure, until such time as there is in place a legal agreement signed under Section 13 of the Town and Country Planning Act 1999 that illustrates how 44 parking spaces are to be provided within a convenient walking distance (ideally 400m) of the site. The building may not be occupied until such spaces are available for use by occupants of the permitted building
Reason: in the interests of providing sufficient parking in respect of the development hereby approved.
C 3. The building illustrated as being an office may be used only in accordance with Classes 2 (a), 2 (b) and 4 of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012.
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Reason: For the avoidance of doubt and in the interest of controlling the use of the site, which has been specifically found acceptable for this location.
C 4. All planting, seeding or turfing comprised in the approved details of the scheme must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of the proper planning of the site and to ensure an appropriately vegetated surrounding to it.
C 5. The development hereby approved shall not be occupied until a Travel Plan has been submitted and approved in writing by the Department of Infrastructure (Planning and Building Control). The Travel Plan shall set out proposals including, but not limited to, targets, the mechanism for enforcement, incentives and review, arrangements for monitoring of progress of the proposals, and a timetable for implementation. The Plan shall also include the provision of shower and changing room facilities within the approved building. The development shall not be carried out or retained unless in accordance with the approved Travel Plan.
Reason: to promote sustainable travel in the interests of reducing pollution and congestion.
The approval hereby issued relates to the following plans: office-50, office-ap51, office-ap52, office- ap53, office-ap54, office-ap55, office-ap56, office-ap57, office-58, office-59, office-60, office-61, office-62, office-63 and office-ap64 received 11th September 2015.
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 : ...PER... Committee Meeting Date:...02.11.2015
Signed :...E RILEY... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO
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