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19/00420/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00420/B Applicant : Eden Park Developments Limited Proposal : Creation of path/cycle way Site Address : Cooil Road Roundabout And Adjacent Jacksons / Eden Business Park Cooil Road Douglas Isle Of Man
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.02.2021 __
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. For the avoidance of doubt, no approval is granted to the installation of a sculpture on the roundabout.
Reason: There is insufficient detail provided for the proposed sculpture and therefore it cannot be determined as part of this application.
C 3. Prior to the commencement of any works relating to the cycle/footpath hereby approved a Stage 1 and Stage 2 Road Safety Audit must be submitted to and approved in writing by the Department. The works must be carried out in accordance with the approved documents and retained as such thereafter.
Reason: In the interest of highway safety.
Plans/Drawings/Information; This approval relates to drawing number 001 date stamped and received 02/04/2019 and drawing number 002 rev A date stamped and received 07/05/2019. __
Interested Person Status - Additional Persons
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None __
Officer’s Report
THE SITE 1.1 The application site comprises the extents of the new roundabout on Cooil Road and the entrance way into the recently approved site for vehicle dealership approved under PA 15/01186/B and most recently under PA 17/00230/B, and which forms part of a much wider area known as Eden Park.
THE PROPOSAL 2.1 The current application seeks approval for a number of works around the new roundabout including the installation of an extended tarmac area to accommodate a new bus shelter by Braddan Commissioners (4m x 1.5m) on the north-western side of the roundabout and the creation of a new 3m wide path and cycleway and associated crossing points running along the south-east side of roundabout.
2.2 The original application also included the installation of a new sculpture to the middle of the roundabout, but as the sculpture had not yet been commissioned the application was only provided with limitations to the size and design of the sculpture so as to safeguard the highway visibility of the roundabout for road users. The information provided for the application indicate the sculpture assessments carried out by an appointed highway specialist and the size limitations correspond with coloured areas shown on drawing number ITB14600-GA-003 Rev A with the central green core having no restrictions, the coral area having no planting or sculpture between 1.05m - 2m in height and the blue area having no planting or sculpture between 0.26m - 2m in height. However given that there are no details provided for this element of the proposal it is to be omitted from any approval.
2.3 The signage shown in the application was submitted and approved under PA 19/00421/D.
PLANNING HISTORY 3.1 There are two application considered materially relevant in the assessment of the current application; PA 17/00230/B and PA 15/01186/B both approved for the development of the site as a vehicle dealership. The most recent application for the site was approved under PA 17/00230/B for the development of a multi franchise car dealership consisting of two showrooms, after sales building incorporating a valeting suite with associated roads, drainage and landscaping and alterations to highway including the creation of the roundabout and surrounding highway now subject to this application.
3.2 PA 19/00421/D was recently approved for the installation of roadside signage at the entrance into the Jacksons dealership site.
PLANNING POLICY 4.1 Since the applications submission the Area Plan for the East has been adopted and which designates the site as 'Industrial'. Given the land use designation and the nature of the current proposal it is most relevant to consider the following polices from the IOM Strategic Plan and the Area Plan for the East in assessing the proposal:
IOM Strategic Plan 2016:
4.2 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;
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(b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement"
4.3 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; c) does not affect adversely the character of the surrounding landscape or townscape; 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 unacceptable effect on road safety or traffic flows on the local highways; m) takes account of community and personal safety and security in the design of buildings and the spaces around them."
4.4 Section 6.7 - Public Art "6.7.1 - Our environment is improved by the provision of works of art in public places, particularly if that art reflects the cultural traditions or history of a particular area. 6.7.2 - The Department will support the inclusion of such artwork in development proposals, and will expect such inclusion within major proposals. Artwork may take the form of public sculpture, such as the recently erected statues of T. E. Brown and Sir William Hillary in Douglas, or may be incorporated into features such as friezes, railings or landscaping. Commissions to locally based artists would be particularly welcome.
4.5 General Policy 9 states: "In major development proposals, there should be included provision for artwork that is accessible to the public."
4.6 Transport Policy 2 states: "The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems."
The Area Plan for the East:
4.7 Paragraph 7.7.3: "There is a short section of cycle route on Peel Road which is a strategic route in from the South and West. Further opportunities are still under investigation and are likely to develop further alongside other measures as part of the delivery of the Active Travel Action Plan19. The intention is to provide better and safer cycling and walking routes into and out of Douglas, better links between vehicular routes and off road routes with an overall policy goal of increasing the number of people travelling actively. The Area Plan fully supports the integration of the Active Travel Strategy into the sustainable development framework for the East."
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Braddan Parish Commissions - no objection (03/05/2019, 24/05/2019 and 24/01/2020).
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5.2 DEFA Arboricultural Officer - comments (01/05/2019) further detail is requested to state species/cultivar to be planted, nursery spec to be used and how they will be planted. Given the extent of the blue line it would have been nice to see this planting continued to the south-east along Cooil Road.
5.3 Department of Infrastructure Highway Services - initial comments received from DOI indicated that they did not oppose the proposed sculpture/landscaping subject to the planning conditions safeguarding the visibility splays, but that further information was required in order to clarify the status of entrance walling and 4 roundabout signs and a road safety audit provided for the cycle/footways (20/06/2019 and 20/12/2020).
5.3.1 DOI Highway Services - DO NOT OPPOSE SUBJECT TO CONDITION (18/06/2020)
5.3.2 Further information was received and the application re-advertised to include the cycleway. The applicant has clarified the extent of the public and private land areas as well as the signage on the roundabout. Sculptures and landscaping within the central island of roundabout are commonplace elsewhere acting as waymarks but care is necessary over the size, shape and maintenance so as not to cause an adverse impact on visibility and highway safety through distraction or serious injury should a driver over-run onto the island. The proposed shared path for pedestrians and cyclists is in a suitable position and welcomed. It would provide a further step in meeting the aspiration to provide shared cycle and pedestrian routes and offering greater connectivity and opportunities for sustainable travel.
5.3.3 Both elements of this application would be subject to detailed design and a separate agreement with Highway Services is necessary including safety auditing. It would be possible to combine both the Stage 1 and Stage 2 Road Safety Audits providing designs and audits were submitted for approval prior to commencement. Additionally, no part of the proposed sculpture/landscaping to be between 1m and 2m in height above any part of the roundabout circulatory carriageway as shown in the pink/orange area on drawing no. ITB14600-GA-003 revision A, and between 0.26m and 2m in height above any part of the roundabout circulatory carriageway as shown in the blue area on drawing no. ITB14600-GA-003 revision A.
5.3.4 Highway Services raise no objection subject to conditions relating to positioning of sculpture and the protection of visibility splays, and pre-commencement conditions for the detailed design and Stage 1 and 2 Road Safety Audits with an advisory for a S109a Highway Agreement.
ASSESSMENT 6.1 Strategic Policy 10 and Transport Policy 2 seek to encourage a more sustainable and integrated transport networks while Section 6.7 and General Policy 9 seek to promote the inclusion and provision of public art throughout major developments, and therefore the proposed works would work in harmony with these policies and would be acceptable in principle.
6.2 The issues here are whether the works would have any adverse visual impact on the character and appearance of the surrounding area and whether they would have an adverse impact on highway safety.
Visual Impact 6.3 Cooil Road has over time become populated by a mix of business uses with established industrial areas and a business park along the northern edge. Along the southern edge are a similar number of business operations including an approved vehicle dealership and most recently The Area Plan for the East designates further land on the southern side for industrial uses. The area surrounding the roundabout subject to this application not only forms an integral and vital part of the highway network but it plays a key visual role. The proposed cycle/footpath and bus stop would not be out of keeping nor detract from the general context
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of the area given its established industrial and built up nature, also minded that both types of development can already be found in the nearby area and the continued provision of a such facilities will likely benefit users of the area.
6.4 The agent sought to provide additional information in respect of trees so as to satisfy the comments raised by the Arboricultural Officer, the existing trees are to be retained and the additional six trees will only help to further contribute to the soft landscaping in the area, it must be noted however that planning permission is technically not required for their planting. The trees are acceptable none the less.
6.5 While the final design of the sculpture remains unknown and would form consideration as part of a full detailed application, and initial consideration of the principle in this case concluded that such a structure would without question be prominent for the very reason of its location central to the roundabout, but given the fairly urban context of the surroundings would not look out of place. Views on the final design of the sculpture may be subjective, but its installation would not only seek to promote public art but it may also help to provide a public way-marker for navigating the area.
Highway Safety 6.5 DOI have commented on the initial principle of the sculpture indicating that the limitations as shown in the submitted drawings would be sufficient so as to avoid adverse public harm or highway safety issues, however the final design of the sculpture is to be decided by a separate detailed application and therefore does not form part of the current scheme.
6.6 In respect of the shared cycle and pathway the proposal is considered to contribute to the Islands sustainable transport network links and the Active Travel Action Plan (referred to in the Area Plan for the East). The works are required to be supported by road safety audits which DOI have agreed can be requested via a prior to commencement condition.
CONCLUSION 7.1 The proposal is considered to have an acceptable principle and visual impact and Highway Services support the application subject to suitably worded conditions in respect road safety audits being provided prior to commencement so as to ensure public and highway safety. The proposal is considered to meet the tests of Strategic Policy 10, General Policy 2 and Transport Policy 2 of the Isle of Man Strategic Plan 2016 and Paragraph 7.7.3 of the Area Plan for the East.
7.2 A condition will be added to clarify that no planning approval is being granted to the sculpture.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) 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; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The Planning Committee must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
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o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 04.02.2021
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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