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Application No.: 21/00084/B Applicant: Buchanan Services Ltd Proposal: Removal of Condition 14 to PA 18/00977/B concerning the flood alleviation storage tank Site Address: Former Eurocars Site, Peel Road Douglas IM10 1MM Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.04.2021 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Reason: to ensure efficient traffic management within the site in order to minimise adverse impact upon the highway.
Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Reason: To ensure that the development is implemented in accordance with the approved protection measures and construction methods and that professional technical advice is on hand to deal with problems that arise or modifications that become necessary and to avoid any irreversible damage to retained trees.
Reason: In order to ensure compliance with the tree protection and arboricultural supervision details submitted under condition 7
Reason: The application proposes the times listed and has be considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.
Reason: The application proposes the times listed and has be considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.
Reason: The application proposes the times listed and has be considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.
Details of the hard landscaping works include footpaths and hard surfacing materials which have already been approved under Planning Application 18/00977/B shall be completed in full accordance with the approved details prior to the first occupation of the units hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
"External Lighting - dated 20th August 2018" have been completed in full accordance with these plan/document, and they shall be retained as such thereafter.
Reason: In the visual amenities of the street scene and neighbouring amenities and to comply with GP2 & EP22.
Reason: To reduce the impact of noise beyond the site of the application resulting from the approved development.
Reason: To reduce the impact of odour beyond the site of the application resulting from the approved development.
This application has been recommended for approval for the following reason. It is considered the application would be acceptable, complying with Isle of Man Strategic Plan (adopted 2016) and The Area Plan for the East (2020).
This approval relates to the submitted documents and drawings reference numbers all received;
22ND February 2021
601 REV A A copy of the Good Neighbour Guide The Transport Assessment as amended ref 18-146-001.02 18-146-002.02 18-146-003.01 18-146-004.02 The Tree Survey & Report (Sections 1 & 2) Manx Roots Arb Method Statement Manx Roots Arb Planting Plan 17620 Manx Roots TP- 17620 together with communications between Manx Roots and DeFA forestry relating to tree pit requirements being obsolete. ECT-JBAU-00-00-RP-Z-0001 S3-P01 Planning application review. ESP Technical and operations Manual - Odour Odour control Proposal UVO 1000 and UVO500 Technical operational Manual - Odour KFC KSL Mechanical ventilation - Noise 18th March
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Flood Risk Management (DOI) Manx Utilities _____________________________________________________________________________
THE PLANNING APPLICATION IS NOT REQUIRED TO GO BEFORE THE PLANNING COMMITTEE GIVEN THE PROPOSAL IS CONSIDERED TO BE A MINOR AMENDMENT TO PREVIOUSLY APPROVED SCHEME
1.0 THE SITE - 1.1 The site which is the Former Eurocars Site, Garage Showroom Workshop and Premises located on the western side of Peel Road and to the east of the former railway line (not within application site) and The Bowl within Douglas. The site is rectangular in shape and measures approximately 0.7 hectares (1.7 acres) in size. The site ground level is set below the Peel Road level and the ground level gently falls from the north and west boundaries of the site to the south-western corner of the site, which is its lowest point. The former Eurocars buildings have been demolished. - 1.2 Access into the site is via an existing vehicular access directly from Peel Road along the western boundary of the site.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the removal of Condition 14 to PA 18/00977/B concerning the flood alleviation storage tank. This condition stated: "The development hereby approved shall not be occupied or operated until the underground flood alleviation storage tank beneath the car park and in accordance with the Planning Statement Relating to the "Planning Statement Relating to Flood Risk" and the Flood RiskAdditional Technical Information to Accompany (relating to limited discharge rate as a maximum of 26.4l/s from the attenuation storage tank into the culvert) has all been provided in accordance with the approved plans 12 and it shall be retained at all times thereafter.
Reason: To ensure adequate flood protection of adjacent sites in accordance with Environment Policy 13."
2.2 The applicants explain that: "In discharging the conditions attached to P/A 18/00977/B the circumstances surrounding the Condition 14 were revisited and after careful consideration the requirements of Manx Utilities (MU) were amended. See attached email ref MU Gemma Toher KFC FRA for details of the recommendations. Accordingly, the application for the development has been amended to reflect these recommendations only. The additional information attached is: CA-2874-18-207 Typical flood defence details CA-2874-18-140 Entrance door threshold detail
Amended details include the removal of the Storm Water storage tank which formed part of the original application. These are identified on Site Plan CA-2874-18-010 Rev G and BB consulting drawings.
The information submitted also includes all aspects of submissions to discharge the previous planning approvals."
2.3 For information the original application 18/00977/B was sought and was approved for the erection of two detached buildings (Class 3) for the consumption of food and drink on and off the premises with associated drive through, erection of a detached building to provide two commercial units (Class 1) and creation of car parking, lighting, landscaping and access and a new sub-station. It should be noted the unit with two commercial units within the original approval have benefitted from a further planning approval (20/01174/B) to be used as a single unit for that a further application for the consumption of food and drink on and off the premises (Class 3 or 1.3 under new Use Classes).
3.0 PLANNING HISTORY - 3.1 Erection of two detached buildings (Class 3) for the consumption of food and drink on and off the premises with associated drive through, erection of a detached building to provide two commercial units (Class 1) and creation of car parking, lighting, landscaping and access. Creation of new sub-station - 18/00977/B - APPROVED - 3.2 External modifications to previously approved Unit 3, including the relocation of parking bays and the change in proposed use from Retail/Commercial to Food and Drink - 20/01174/B
4.0 PLANNING POLICY - 4.1 The application site under the Area Plan for the East 2020 is within an area designated as a "Mixed Use Proposals Area" - "8(c). Riverside Gateway" and also within a Comprehensive Treatment Area Proposal 4 which includes this site and all sites to the north of the site (running along Peel Road) up to and including the Quarterbridge Pub and south of this site including the IOM Newspaper Building/Odd Bins. The site is neither within a Conservation Area nor within an area designated as Natural Conservation Zones, Nature Reserves and Sites of Ecological Importance for Conservation.
5) states:
"This mixed use area currently comprises some office, leisure, food and drink uses in the form of a drive-through, plus a petrol station and a fire station. With the relocation of car sales to a new showroom a large part of the area is vacant and the remaining land is under-used. The site is served by numerous accesses. To the rear (west) of the site is the NSC. The area would benefit from improvements to increase density of development whilst improving access, flood mitigation and furthering the Heritage Trail through to Douglas Quayside.
CTA Proposal 4 - Peel Road West (Treatment Plan) Development of this area could include leisure and retail warehouse (bulky goods). New uses shall be assessed taking into account accessibility, highway impact, design, visual impact and flood mitigation. Provision for a cycle route to link to the Heritage Trail shall be included."
4.3 Mixed Use Proposal 8c states; "There will be a presumption in favour of retail warehouse (bulky goods) and leisure uses. Any proposed development should provide for improved pedestrian and cycle links and environmental enhancement alongside the River Glass, a flood risk assessment and highway impact assessment. Comparison goods retailing will not generally be supported." - 4.4 Paragraph 9.11 of the Area Plan of the East also states; "Development in areas of 'mixed use' 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.
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."
Isle of Man Strategic Plan (adopted 2016)
4.5 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application. - 4.6 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:
4.7 Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4." - 4.8 Environment Policy 13 states; "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." - 4.9 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
5.0 REPRESENTATIONS - 5.1 DOI Highways Services have no objection making the following comments (11.03.2021) seeking only a repeat of the previous conditions in relation to parking, visibility splays etc. - 5.2 Douglas Borough Council have no objection (10.03.2021). - 5.3 The Flood Risk management (DOI) make the following comments (17.03.2021):
"Our latest thoughts on this site were issued to Stephen Moore back in December - see attached. Yes, we are satisfied the condition can be removed"
5.4 Manx Utilities have no objection making the following comments (19.03.2021): "Further to our recent exchange of emails in relation to the surface water disposal/ attenuation from the proposed KFC site on Peel Road, I have discussed the matter with BB consulting who are the Engineers for the application.
As detailed in Paul Bergin's email below, various measures have been included within the development proposals (an overall reduction in hardstanding in comparison to original Eurocar site, the inclusion of soft landscaping areas and the inclusion of a large pit @ 200m³) which are deemed satisfactory to MU in reducing the discharge to the Hills Meadow culvert when compared to the original flows from the site."
5.5 The Senior Forestry and Arboricultural Officer (DEFA) has made a number of comments involving the Department and the applicants. Essentially the Officer would like the reinstatement of four large trees at the western end of the two central parking areas, directly in front of unit 3. During the original application they were initially proposed; however, with the inclusion of the tank and the required soil pits depths and sizes required for tree planting in car park environments, it was not possible for the trees to be planted to the correct standard. Accordingly they were replaced with shrubs and four additional trees were planted within the
site. However, given the tank is no longer needed, the Officers conclusions is that (17.03.2021);
"My view is that the 4 large trees shown originally approved site plan 010revC date, stamped 14th December 2018 should be put back in to the landscape design."
The tree pit cross section is a just a generic drawing available from the manufacturers website and more thought is needed on where the soil cells will be placed. For example, the use of soil cells isn't needed in the open landscaped areas that don't support pedestrian or vehicle traffic; soil cells should be off-set in to the car park spaces to the north-east of the trees, where they need to support the sub-base and tarmac. The trees will then benefit from the soil of the landscape area and the soil available under the adjacent parking space. I would expect the specific design and layout of each tree pit to be slightly different.
Note that the site plan states the trees will be Acer x Fremanii but the cross section drawing states the species will be Alnus Glutinosa. I prefer Freeman maple and the two should match.
The condition used in 18/00977/B was as follows:
No development shall take place until a technical tree planting specification for each of the 4 large-tree planting locations shown on drawing 010revC is submitted to and agreed in writing by the Department. This specification shall include:
Experience has taught me that requesting the technical detail through a condition works better because the people who are actually going to be doing the job (i.e. the principal contractor(s)) need to be involved.
Sorry to be a stickler but I don't want this to be a tick-box exercise, just to get it through the planning processing."
6.1 The main consideration is whether the removal of the flood alleviation storage tank would increase the likelihood of flooding on and off site through river, tidal or surface water flood water and whether the associated works would have an adverse visual impact upon the street scene. - 6.2 Flood risk from Fluvial (river) - 6.3 The majority of the site (except for eastern boundary and south-east corner) is with a High Risk Fluvial Flood Zone. Therefore there are two main considerations. First are the
6.10 As confirmed by the Flood Management Team in terms of river/tidal flooding the proposal is acceptable. Surface Water Flooding - 6.11 The next issue is whether the proposal would have an impact upon surface water flooding. On this matter Manx Utilities (drainage) made initial comments raising no concerns as various measures have been included within the development proposals (an overall reduction in hardstanding in comparison to original Eurocar site, the inclusion of soft landscaping areas and the inclusion of a large pit @ 200m³) which are deemed satisfactory to MU in reducing the discharge to the Hills Meadow culvert when compared to the original flows from the site. Visual impact - 6.12 Due to the removal of the tank as outlined in the Senior Forestry and Arboricultural Officer representation, this allows for the original four trees to be added back into the central car park area. It is considered a condition should be attached to deal with this issue. - 6.13 This is the main visual impact to the scheme as the removal of the tank and associated minor flood resistance and resilience measures into the design of the units would be unnoticeable. The introduction of additional trees will increase the amount of vertical landscaping (i.e. height of trees) rather than having more low level scrubs/hedges. It is considered the proposal will have a visual improvement to the site and street scene. It should be noted that the ground level s of the site and the finished floor levels of the building are not being proposed to be altered. - 6.14 Overall, it is considered with an appropriately worded condition to ensure the flood resistance and resilience measures are provided as submitted, the proposal would not have an unacceptable risk from flooding on or off the site and would comply with the relevant policies. OTHER MATTERS - 6.15 It should be noted that a number of prior to conditions of the previously approval have already been approved by the original application. Accordingly, these same conditions (C 5, 7, 8, 11, 12, 13, 12, 16, 17 & 18) are included within the suggested condition again, albeit they make reference to the original approval rather than seeking the same information being submitted again. All other conditions included in the original submission are included again. The exception being condition 19 which is a new condition in relation to flood resilient measures etc. It should be noted that the original application is still the "main" application; albeit this current proposal will issue a new decision notice and have a new expiry date.
7.1 Accordingly, given the reasons stated it is considered the application would be acceptable, complying with Isle of Man Strategic Plan (adopted 2016) and The Area Plan for the East (2018) and therefore the application is recommended for an approval. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
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: 12.04.2021 Determining officer
Signed : S CORLETT Sarah Corlett Principal Planner
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