26 August 2021 · Planning Committee
The Lunch Box, 46, Duke Street, Douglas, Isle Of Man, IM1 2ax
The proposal involves demolishing existing three-storey terraced buildings previously used for retail, restaurant and storage, and replacing them with a new six-storey building featuring ground floor retail shops fronting Duke Street and Villiers Square, and 20 apartments on upper floors including a penthouse with roof…
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The officer assessed the proposal against multiple policies in the Isle of Man Strategic Plan 2016 (including Strategic Policies 1-10, General Policy 2, Housing Policy 5, Business Policies 1,9,10, Env…
General Policy 2
Requires development to respect site/surroundings in siting, scale, design; not adversely affect landscape/townscape, amenities, highways, etc. Officer found proposal compliant due to setbacks breaking massing, high-quality contemporary design fitting varied town centre streetscenes, no neighbour amenity impacts, sustainable travel promotion despite no parking.
Strategic Policy 1
Optimise use of previously developed land and infrastructure. Site is brownfield town centre location reusing demolished commercial buildings.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locate development in existing towns. Douglas town centre site appropriate.
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Retail in town centres on zoned land. Ground floor retail on 'Shopping Use - Town Centre' allocation.
Environment Policy 36
Development near Conservation Areas must not detrimentally affect views. Oblique/minimal views from Promenade/Victoria Street CAs; proposal enhances by replacing poor existing elevations.
Housing Policy 5
25% affordable housing for 8+ dwellings. Commuted sum via S13 Agreement for 5 units.
Transport Policy 7
Parking per standards, relaxable in sustainable locations. No on-site parking but near bus stops/car parks; cycle provision; standards relaxed per preamble criteria (d).
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Materials approval
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Bin stores
The development hereby approved shall not be occupied or operated until the bin stores has been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the storage of bins associated with the development and shall remain free of obstruction for such use at all times.
No outward opening doors
No doors within the development shall open outwards into a highway.
Cycle parking
Prior to the occupation of any apartment hereby approved the Cycle Parking for 20 cycles as shown on drawing 17.168.35 shall be completed and retained thereafter.
Retail use only
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the ground floor (shown as "retail" on approved plans) shall only be used as a "Shop" use as defined in Class 1.1, of Schedule 5 of the Order.
No extensions/alterations
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, replacement windows/doors, enlargement or other alteration of the building(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Stairwells for cycle access
The stair wells/stairs/landings as shown on drawings 17.168.036(A) and 17.168.037 are to be completed prior to the occupation of any apartment and retained thereafter, unless otherwise agreed in writing by the Department.
Rear entrance lighting/security
Prior to the occupation of any apartment a scheme is required to be submitted in writing and approved by the Department which demonstrates how the main entrance of the apartments to the rear (east) of the building is to be lit externally and "design out crime" which could include cctv etc. These approved details shall be undertaken in full prior to the occupation of any apartment.
Latest revisions acceptable; no opposition subject to conditions for access, bicycle parking and waste bin storage
Resolved to not object; welcomed design changes to bin storage, stairs and bike ramp
Request Section 13 Agreement for commuted sum in lieu of 25% affordable housing (agreed £185,346 payable in instalments)
Douglas Borough Council and DOI Highways initially raised concerns about bicycle storage, access, parking provision and safety but ultimately raised no objections after design revisions; DOI Public Estates and Housing requested a Section 13 Agreement for a commuted sum in lieu of affordable housing.
Key concern: absence of car parking (requires 40 spaces per Strategic Plan)
Douglas Borough Council
No Objectionthe Committee resolved to not object to the application; further consideration be given to how the proposed apartments are accessed from a rear service lane and whether having the entrance at the rear is the safest option; Concerns were raised about the width of the stairs leading from the rear entrance down to the basement
Department of Infrastructure Highways Division
ObjectionRecommendation: Additional information and revisions
Department of Infrastructure Public Estates and Housing Division
Conditional No Objectionthe Department would request that consideration be given by the Planning committee to include a requirement... for the applicant to enter into a Section 13 Agreement
Conditions requested: applicant to enter into a Section 13 Agreement with the Department to provide a Commuted Sum in lieu of Affordable Housing, based upon 25% of the number of units approved (5 units)
Department of Infrastructure Highways Division
Conditional No Objectionthese revision allow Highways to withdraw their objections and raise no opposition subject to conditions; cycle parking is of a suitable form and positioned for accessible and secure usage accommodating two bicycles per stand; Staff bicycle parking for the retail element ideally should be provided within the store
Conditions requested: conditions for access, bicycle parking and waste bin storage to accord with Drawing No’s: 17/168/30E and 17/168/35
