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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01145/C Applicant : RBS International Proposal : Temporary use of site to be used as car park (retrospective) Site Address : Former Isle Of Man Holiday Camp Victoria Road Douglas Isle Of Man
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 03.02.2021 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed temporary use would reduce the likelihood of a prominent brownfield site being brought forward and this would be contrary to Strategic Policy 10 of the Strategic Plan (2016), the policy on car parks as set out in "Reform of the Planning System - Programme for Government 2016 - 2021" and the recommendations of the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites (2017-2018).
R 2. The proposed use is not in accordance with the land use zoning as set out within the Area Plan for the East 2020.
R 3. The proposal would be contrary to Environment Policy 43 and General Policy 2 as the proposal would detrimentally affect the visual amenities of the street scene.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE 1.1 The application site comprises part of the former Isle of Man Holiday Camp which is a corner plot located off Switzerland Road and Victoria Road. The Former Victoria Road Prison site is to the northwest of the site.
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2.0 THE PROPOSAL 2.1 Planning approval is sought for the temporary use of site to be used as car park (retrospective). Currently there are three parking areas layout across part of the site. Other parts of the site remain unchanged.
2.2 The applicant's state: "The proposed temporary car parking use will provide off road car parking facilities for the staff of Howard Pearson House, reducing the impact of congestion on the existing highways network. The application seeks approval for up to 65 parking bays with proposed lighting and landscaping. The Government will be aware the applicant has already laid the area for car parking and therefore to support this application, further details have been provided highlighting proposed materials and boundary treatments. Consequently, in light of the extant planning permission, the site has already been established as suitable for redevelopment."
3.0 PLANNING POLICY 3.1 The site lies within an area of "Mixed Use" on the recently adopted Area Plan for the East 2020. The site is not within a Conservation Area. Under the Plan the site has a designation of "DM013g".
3.2 The Isle of Man Strategic Plan (2016) contains a number of relevant policies.
3.2.1 Strategic Policy 10 states: "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" 3.2.2 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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 unacceptable 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; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
3.2.3 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and
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pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
3.2.4 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."
3.2.5 Environment Policy 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."
3.2.6 Paragraph 11.5.3 indicates that the long term the target is to reduce the level of car parking required for town centre developments and seek to develop more sustainable staff and visitor transport plans but sets out a general policy (Transport Policy 7) "in the shorter term" which sets out parking standards for new developments.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Council of Ministers have approved an Action Plan to Reform the Planning System (hereafter "The Action Plan"). The document "Reform of the Planning System - Programme for Government 2016 - 2021" GD2018/0031 was laid before Tynwald on 15th May 2018. One of the actions set out within this is that, "Council of Ministers have agreed the following Policy with immediate effect: In order to continue to incentivise and support site redevelopment and the associated economic development, Planning Approval should not normally be given for brownfield sites to be used as temporary car parks" and that this is important, "To ensure faster brownfield site redevelopment and encourage socio-economic development".
4.2 Report of the Select Committee of Tynwald on the Development of Unoccupied urban sites (2017-2018) (hereafter "The Select Committee Report" recommended that,
"Tynwald calls upon the Council of Ministers and all Departments to use every means at their disposal to encourage and prioritise the development of unoccupied or previously developed urban sites ahead of building on greenfield sites in the Manx countryside; and in particular that Tynwald is of the opinion that urgent action should be taken ... (iv) to use the planning system, taxation and other potential incentives to discourage greenfield development; (v) to use the planning system, taxation and other potential incentives to encourage brownfield development in Development Zones in Douglas and in other urban areas".
4.3 The Manual for Manx Roads (published by the Department of Infrastructure) sets out detailed guidance on highways matters.
4.4 The Area Plan for the East has been approved by Tynwald and came into operation on the 1st December 2020. This identifies that the application site is proposed for allocation as, "Mixed Use". The written statement indicates that:
"9.11 Development in areas of 'mixed use' 9.11.1 There are a number of areas of 'mixed use' outside of Douglas town centre. Some are identified by a site number on the Maps and others are not, for instance Village Walk in Onchan does not have a site number.
9.11.2 Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed use."
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4.6 The Written Statement also indicated that a "Notional number of dwellings" totalling 22 could be erected on the site.
5.0 PLANNING HISTORY 5.1 There have been a number of applications on the site, which are considered relevant in the consideration of this application:
19/01188/LAW - Certificate of Lawful Development for use of car park - REFUSED
15/00723/B - Erection of four small office units with associated car parking, drainage, hard and soft landscaping works (resubmission of PA 11/00178/B) - APPROVED - It is not considered this application has been commenced and therefore has now expired (25.08.2019).
11/00178/B - Erection of four office units with associated car parking, drainage and hard and soft landscaping works - granted 8th July 2011 (now expired).
09/01977/B - Erection of four office units with associated car parking, drainage, and landscaping - application withdrawn
09/01976/A - Approval in principle for the erection of five office units - application withdrawn.
98/01282/B - Erection of office building with two apartments, car parking and new access road
89/01503/B - Masterplan of business technology park - APPROVED
88/00946/A - Approval in principle to business science park and hotel and associated car parking - APPROVED
6.0 REPRESENTATIONS 6.1 Highway Services make the following comments: "There is a lack of information posted on-line to assess this proposal and as drawn suggests that it breaches the Transport Policies within the Strategic Plan.
Further details are necessary to show the red line on the site plan and justify the provision of over 60 car parking spaces given accessibility, inclusivity and sustainability objectives and in relation to the Strategic Plan car parking standards of 1 per 50sqm of offices. There is need to explore the opportunities to manage down commuter car use and parking within Douglas. Notwithstanding, for the layout to indicate the pedestrian routes to and from the car park and the provision for the parking for those with mobility impairments, bicycles and motorcycles.
Recommendation: O - Additional details."
6.2 Douglas Borough Council has made the following comments: 26.10.2020 "Douglas Borough Council would kindly ask that both of the above applications can be considered by the Council's Environmental Services Committee at a meeting to be held on the 16th November with our comments to be forwarded to you shortly afterwards. If for any reason it is not possible to provide a time extension to allow this to happen I would kindly ask if you can get back to me at your earliest convenience."
04.11.2020 "Good afternoon, I am writing in relation to the above planning application in light of the recent comments made by the DOI's Highways Services Division.
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Douglas Borough Council is in full agreement with the comments made and would kindly ask that the applicant be advised to withdraw the application until they can address the concerns raised. If all of the relevant information had of been provided at the time of the application being uploaded onto the planning portal, the Council would have considered the application at a Committee meeting to be held on the 16th of this month. Rather than simply object to the application due to the concerns raised, we would prefer to allow the applicant an additional period of time to resolve these issues which we hope would give the application a better chance of success.
With this in mind the Council would like to consider the application at a meeting to be held on the 14th December by which time it is hoped all of the current issues will have been addressed. If there are any problems with this request for a time extension I would kindly ask that you get back to me at your earliest convenience so we can arrange an alternative to consider the application."
17.11.2020 "The Council has requested a time extension on the below planning application to allow for it to be considered by the Council's Environmental Services Committee at a meeting to take place on the 14th December. This will allow an additional period of time for the applicant to address the points raised by the by the DOI within their Planning Application Response dated the 2nd November 2020."
7.0 ASSESSMENT 7.1 The principle issues with the application is the land use zoning and whether the use of the site on a temporary basis for car parking is acceptable, the potential visual impact and Highway Safety issues.
The land use zoning / use of site 7.2 The use is not residential nor, does it fit with the uses outlined within the Area Plan for the East (par 9.11). It is therefore not in accordance with the land use designation of the Area Plan for the East.
7.3 The use of brownfield sites for temporary uses raises various questions - the extent that the use of the site as a temporary car park discourages investment in its more permanent development, the likely condition of the site in the interim if approval is not given for a temporary use and the extent to which the latter outweighs the former. The answers to these questions are to some extent conjecture. However, the recently adopted Council of Ministers policy gives a firm view as to how these issues might be considered. Therefore the issue is whether there are exceptional circumstances which would indicate that the 'normal' position as set out in the policy should not be followed.
7.4 The applicants in support of the application have commented that: "The site has remained vacant following the demolition of the Isle of Man Holiday Centre in 2003. A planning application on the site was granted in July 2015 for the erection of four small office units and associated car parking and landscaping works. It should be noted that this application will not seek to propose any changes to the current planning permission (15/00723/B). Notwithstanding this, there is an existing planning permission granted on site and this application would seek for a temporary use until implementation of the planning permission.
The Strategic Plan provides the land use planning framework for the future development of the Island. The core strategic objectives, set out within the IOMSP, highlights the needs to ensure growth is balanced across the Island, with particular reference to the relevance of local area plans in the determination of planning applications.
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The Douglas Local Plan (DLP) incorporates saved policies regarding the management and scale of development in Douglas. Within the DLP, the site is situated within the 'Victoria Park' business zone, whereby associated office led car parking is permitted.
Furthermore, Strategic Policy 7 of the IOMSP supports the objectives set out in the DLP, and advocates the development of land to support office and industrial ancillary uses, stating 'Undeveloped land which is zoned in Local or Area Plans for industrial, office, or retail purposes will be retained and protected for such uses, except where those uses would be inappropriate or incompatible with adjoining uses'.
It is important to note the proposed temporary use relates to the extant planning permission on site, granted in July 2015. Whilst we acknowledge the Government has recently introduced reforms to the planning system, it is important to highlight that the existing application was approved prior to the adoption of the policy amendment in 2018. This application therefore would not prejudice the reformed policy in relation to temporary car parking use on brownfield sites and as such, should be assessed outside of the reformed policy."
7.5 The Department does not agree with comments that "Within the DLP, the site is situated within the 'Victoria Park' business zone, whereby associated office led car parking is permitted.". The adjacent business park was (and individual offices etc) with parking provision associated with them and contained within the existing business park, not on this site. Further, this line are argument could also prejudice future re-development of the site in question, because if the applicants are arguing the proposed car parking is required for the adjacent business park uses, then perhaps any development of the application site would have an unacceptable impact upon parking in the area. Notwithstanding this, the Douglas Local Plan is no longer in force and as outlined previous the proposed uses now do not meet the criteria for "Mixed Use" development under the Area Plan for the East. Whilst car parking will be required on this site, it will be solely for the redeveloped use on the site. Again the applicants argue that; "In addition, previously approved planning applications have indicated employment with associated car parking has historically been accepted on site. The principle of redevelopment of the land for the proposed use therefore has already previously been established and as previously noted, this application will not seek to prejudice future development on the site."
7.6 Again previous approved on the site (now expired) did approve parking on this site (like most developments), but the parking was associated with the new office development, not to accommodate parking off site. The Department would strongly disagree with the applicants comments on this matter.
7.7 The applicants also appear to be under the belief they have commenced the previous application. They state that:
"...the applicant has already laid the area for car parking and therefore to support this application, further details have been provided highlighting proposed materials and boundary treatments. Consequently, in light of the extant planning permission, the site has already been established as suitable for redevelopment.".
7.8 However, the car parking laid out currently, does not match that of the approved scheme to the extent that if the officers where build, then the majority of the car park in place today would be removed. Accordingly the Department does not consider the previous approved application to have been commenced on this basis.
7.9 Again the applicants have not given any clear reasons for why the site has not been developed or the plans/timescale for its development (noting there is no extant planning approval). The Strategic Plan sets out a broad long term direction of travel, by the promotion of other travel methods. This is reinforced by the policy within the Action Plan which seeks to
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restrict temporary car parks with immediate effect. The applicant has provided limited justification in relation to need.
7.10 It is therefore considered that the proposal would be contrary to the Council of Ministers Policy and Strategic Policy 10 of the IOMSP 2016.
7.11 Furthermore, while the site remains as a temporary car park; the fact remains the site visually does not add to the character or street scene. Accordingly, further allowing the site to remain as a car park would reduce the likelihood of a prominent brownfield site being brought forward and this would be contrary to Strategic Plan Strategic Policy 1, The Action Plan and the recommendations of the Select Committee Report. Furthermore, the proposal would be contrary to General Policy 2.
Highway Safety 7.12 The comments from DOI Highway Services are noted and relied upon in this regard, who raise concern of lack of information regarding justify the provision of over 60 car parking spaces given accessibility, inclusivity and sustainability objectives and in relation to the Strategic Plan car parking standards. They also comment that there is need to explore the opportunities to manage down commuter car use and parking within Douglas. Concern that there is lack of information in terms of the layout to indicate the pedestrian routes to and from the car park and the provision for the parking for those with mobility impairments, bicycles and motorcycles. Overall, for similar reason already outline the proposal would be contrary to Strategic Policy 10 and Transport Policy 4 & 6 of the IOMSP 2016.
8.0 CONCLUSION 8.1 Overall; for the reasons indicated within this report it is considered the proposal would be contrary to the Council of Ministers Policy; Strategic Policy 10, General Policy 2 Environment Policy 43 and Transport Policy 4 & 6 of the Isle of Man Strategic Plan 2016 and the Area Plan for the East . Accordingly, the application is recommended for a refusal.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this
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decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Refused... Committee Meeting Date:...15.02.2021
Signed :...C BALMER... 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 See below
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