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21/00168/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00168/C Applicant : Heathwall Ltd Proposal : Temporary use of car park for a period of 5 years Site Address : 37-41 Circular Road Circular Road Douglas Isle Of Man
Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 12.04.2021
Reasons for Refusal:
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
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
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions that relate to planning considerations:
Flood Risk Management (DOI)
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 37-41 Circular Road, Circular Road, Douglas which is a parcel of land which has been used as a temporary car park. The land is flat with hardstanding. The site
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prior to 2010 accommodated three terraced properties. These were demolition due to their unsafe condition.
2.0 THE PROPOSAL 2.1 Planning approval is sought for the temporary use of car park for a period of 5 years. The applicants explain that: "As a background, historically & prior to the 23010 application the site was used as a car park following the earlier demolition of the former building. The applicants and associated companies developed Eagle Court ad Evergreen House on Circular Road. The intention was to develop this site with the inclusion of 35 Circular Road (Ashcroft's) as offices to act as an infill between those 2 significant developments. However, 35 Circular Road (Ashcrofts) didn't come onto the market for sale in the timescale expected and the development plans paused. The arrival of the 2008 financial crisis and the local collapse in commercial property market, promoted the 2010 application for temporary car park use. Unfortunately, the market for new office buildings has never recovered making this site currently unviable to develop as intended.
The site continues to provide much needed car parking for 14 cars on an existing demolition site. The parking is discreet without causing additional disruption to the street scene. The user of the car park since & prior to 2010 has not caused any issues in respect traffic management.
The applicant would request the use as a temporary car park could be continued for a further 5 years in the hope that the property market will improve and the site can be developed as originally intended."
3.0 PLANNING POLICY 3.1 The site lies within an area of "Mixed Use Proposal Area - 4 St George's" on the recently adopted Area Plan for the East 2020. The site is not within a Conservation Area.
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;
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(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 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:
"Mixed Use Area 4 - St George's This is the business district of Douglas and is characterised by offices, many serving financial institutions. Athol Street is notably the core of this area and is representative of the economic well-being of the Island. There is a smattering of food and drink uses supporting the area. The primary office frontage along Athol Street is notated by the hatched line on Map 5.
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Town Centre - Mixed Use Proposal 4 There will be a presumption in favour of offices and financial and professional services along Athol Street. Within the area, but outside of Athol Street, offices, financial and professional services, food and drink and some residential uses will also be acceptable. Uses which conflict with these will generally not be supported. As this area lies partly within a Conservation Area, development plans should pay regard to the Conservation Area Character Appraisal for Athol Street and Victoria Street."
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:
5.2 Creation of a temporary car park on vacant site - 10/01882/B - APPROVED on the 8th February 2011 with the following condition attached: "C 1. This approval is for the use of the site for car-parking for a period of 2 years from the date of this notice; this use must cease at the expiry of this period unless there is by that date planning approval for use for a further period."
6.0 REPRESENTATIONS 6.1 Highway Services make the following comments (12.03.2021): "In terms of road safety, network efficiency, the continued use of the site as a relatively small car park is insignificant. The proposed layout is satisfactory. Yet, the proposal runs contrary to current policy in terms of sustainable travel, reducing car based travel into Douglas, especially for the purposes of commuting and reinforced by that in the Action Plan to reform the planning system restricting temporary car parks to allow alternative development to come forward. Planning may wish to consider the proposed impact amenity and the streetscene. Accordingly, Highway Services oppose this proposal being contrary to IOM Strategic Plan Strategic Policy 10 and Transport Polices 4 and 6 and the Action Plan - Reform of The Planning System Programme for Government 2016- 2021. A more favourable consideration may be given on a proposal for alternative land use provision. Recommendation: O"
6.2 Douglas Borough Council has made the following comments (22.03.2021): "The above application was placed before the Council's Environmental Services Committee at a meeting held on the 15th March 2021. Following consideration of the application the Committee resolved to object to the application and would kindly ask that the planning authority gives consideration to the following.
Firstly the Council is of a similar opinion to that of the Department Of Infrastructure's Highways Services Division in that the use of brownfield sites as temporary carparks should be restricted to encourage the development of such sites for alternative usage other than carparks.
The Council also considered the application against the Isle of Man Strategic Plan 2016 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 reusing scarce indigenous buildings materials; (b) Ensuring efficient use of sites, taking into account the needs of access, landscaping, open space (1) and amenity standards;
Although the applicant states that the site was to form part of a larger development for the area that included one of the adjacent properties, which would be welcomed, this statement does not appear to be backed up by any other applications having been made to develop the area. The Council is of the opinion that if the application is approved for the continued use of the land as a carpark that this will do nothing to encourage the owner to develop the site.
Douglas Borough Council also considered the "Reform of the Planning System - Program 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) A key element of this being
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that it is considered preferable for unused brownfield sites to be developed as opposed to becoming carparks some of which are considered to have a negative impact upon the surrounding townscape. Given all of the above the Council considers the continued use of the site as a carpark to be unacceptable and has resolved to object to the application."
5.3 Flood Risk Management (DOI) make the following comments (01.04.2021); "No Flood Risk Management interest"
6.0 ASSESSMENT 6.1 The principle issues with the application are 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 6.2 The proposed use, does it fit with the uses outlined within the Area Plan for the East. It is therefore not in accordance with the land use designation of the Area Plan for the East.
6.3 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.
6.4 While the applicants have outlined the history of the site and why no development has not been undertaken, it is 13 years since the 2008 financial crisis; the applicants have had permission for a number of years (beyond their approval) as a temporary car park; and importantly as the Area Plan for the East now being adopted on 2020, which gives a flexibility of uses on the site being possible, given its mix use designation.
6.5 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 restrict temporary car parks with immediate effect. The applicant has provided limited justification in relation to need.
6.6 Further, the site is within a few minutes' walk of Shaw's Brow Car park and other public car parks. Further the site is within a town centre location with good public transport links.
6.7 It is therefore considered that the proposal would be contrary to the Council of Ministers Policy and Strategic Policy 10 of the IOMSP 2016.
6.8 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. Currently the main public view is from Circular Road, and currently appears clearly as a "gap site" between larger neighbouring properties. The size of the site coupled with the neighbouring properties only highlight the gap in the street scene which adverse effects the character and appearance of the street scene. Currently a 2m high timber fence runs along the front of the site onto Circular Road, which again does not fit within the street. 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.
7.0 CONCLUSION
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7.1 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.
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: (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.
8.2 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 it under the appropriate delegated authority.
Decision Made : Permitted
Committee Meeting Date: 26.04.2021
Signed : J SINGLETON 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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 26.04.2021
Application No. :
21/00168/C Applicant : Heathwall Ltd Proposal : Temporary use of car park for a period of 5 years Site Address : 37-41 Circular Road Circular Road Douglas Isle Of Man
Principal Planner Mr Chris Balmer Reporting Officer Mr Jason Singleton
Addendum to the Officer’s Report
Following discussion, the Members voted and unanimously rejected the case officer's recommendation. A temporary use as a car park for a period of 2 years only was proposed and seconded. Following a vote, the Members unanimously approved such a temporary use for a period of 2 years only. They felt that this would allow the whole site to be developed in line with previous approvals whilst giving the DfE emerging Previously Developed Land Regeneration work sufficient time to develop.
Conditions of Approval
C 1. This approval is for the use of the site for car-parking for a period of 2 years from the date of this notice and this use must cease at the expiry of this period.
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 and having regard to the nature of the proposal and the reason for approval.
This approval relates to the submitted documents and drawing all received on 19th February 2021.
Copyright in submitted documents remains with their authors. Request removal