Loading document...
==== PAGE 1 ====
21/00249/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00249/B Applicant : The International Centre For Technology Ltd Proposal : Variation of condition 1 to PA 18/01142/B for an extension of time for a further 3 years Site Address : Former Swimming Pool Site The Nunnery Old Castletown Road Douglas Isle Of Man IM2 1QB
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.06.2021 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The use hereby approved shall be for a limited period of 3 years from the date of this approval and on (or before) the expiry of this approval the use shall be discontinued and the temporary building removed from the site.
Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need.
C 2. The accommodation hereby approved may not be operational until such times as there are in place 95 additional parking spaces within the site, either in accordance with the scheme proposed under PA 16/00678/B or an alternative scheme.
Reason: To ensure that there are available to users of the site adequate car parking facilities in a convenient location.
This application has been recommended for approval for the following reason. Since the initial approval there have been no material planning changes which have arisen which would result in the Department from considering the application in a different light. While the Area Plan for the East has been adopted which has an affected of supported development on the site and the Isle of Man Strategic Plan 2016 has not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on: 19.05.2021
==== PAGE 2 ====
21/00249/B Page 2 of 6
P-01 P-02 P-03 __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is the curtilage of The Nunnery, a historic building located on the southern outskirts of Douglas and bounded by the River Douglas to the north and the Old Castletown Road (A25) to the south.
1.2 The application site includes the main entrance from Old Castletown Road to the south west of the site, including the vehicular access up to the new parking area that was the subject of planning permission 16/00678/B; the car parking area directly behind (north) of the main Nunnery building; the internal access road to the north of the main building; and the site of the proposal. The remainder of the site to the west and east of the main building is shown as other land that the applicant owns.
1.3 The site as a whole and the buildings within the estate are currently on the list for potential registration; however as yet, no such Registration has been proposed by the Department.
1.4 The former swimming pool was constructed in the 1990's and was described in the previous approved planning permission ref: - 16/00865/B as 'a functional building with wide span roof finished slate with rooflights and with rendered and blockwork walling. Pedestrian access is from all directions including from the main building via a curved staircase. Alongside the building there is an area of grass, flat with some brick walling and trees overhanging the site. There are also some trees and shrubs within the site'. However this building has since been demolished and a temporary marquee building has been constructed.
2.0 THE PROPOSAL 2.1 The application seeks approval for a Variation of condition 1 to PA 18/01142/B for an extension of time for a further 3 years, to erect a temporary, semi-permanent, multi-purpose building for a three year period. The applicant has previously described the building as follows: -
'The structure is a steel and aluminium framed structure with PVC coated polyester fabric to upper walls and roof. The windows and doors are aluminium framed and double glazed. The structures require no groundworks or foundations and can be erected directly onto existing hardstanding, which we plan to pave to create a smoother and more level surface'.
2.2 Significant hardstanding will be created along with seating areas, water features and soft landscaping; external works are similar to the previous planning permission ref: - 16/00865/B. The use of the building is to provide a function/conference space on a temporary basis to 'determine commercial sustainability of the new multi-purpose building'.
2.3 Vehicular access will remain through the existing entrance from the estate road alongside a new entrance but this will be available only for deliveries and disabled persons, motorbike and cycle parking. Two additional disabled parking spaces will be introduced at the entrance of the immediate site; otherwise parking will be located within the existing facilities of the wider site.
==== PAGE 3 ====
21/00249/B Page 3 of 6
2.4 The applicants have advised that following the orginal planning approval and 21 day period to await an potential appeal (May 2019), they undertook works l august/September 2019 which continued from October through to May 2020. At this point the first Covid lockdown had occurred and it was until June 2020 when it was completed internally and externally. The inaugural event was held on the 9th October 2020 but further disruption to the operation of events occurred, due to a delay in obtaining a liqueur licence due to objections from events competitors. The licence was eventually granted in December 2020. From Janaury to March 2021 disruption to the overation of the venue due to second Covid-19 Lockdown, resulting in the cancellation and rescheduling of events such as the Valentines Ball (scheduled to have taken place on the 13th of February) and Cheese and Wine Tasting (due to have taken place on the 12th of February), The Extraordinary Islanders Celebration Event ( due to have taken place on the 27th of February), The Apre's Ski Party (due to have taken place on the 5th of March) and The Nunnery Gourmet Evening (due to have taken place on the 20th of March).
2.5 The applicant's state: "As can be seen from the timeline above it has not been possible to date, to have a sustained period of time where the economic sustainability of the events venue could be meaningfully tested. As the Covid-19 situation remains unclear in the island and UK for the foreseeable future, the Applicant believes that a further three years beyond the expiry of the current approval would be sufficient to give them time to test the sustainability of the venue.
The Applicant has demonstrated above they have suffered several delays with the erection of the building and significant disruption in the operation of the venue to date. Therefore, the Applicant respectfully requests that permission be given for the variation of Condition 1 and planning approval be granted for a three-year extension to the current approval period."
3.0 PLANNING POLICY 3.1 The site is shown on the Area Plan for the East 2020 as being "Buildings or Land for Civic, Cultural or Other Use". The fields/woodland surrounding the Nunnery building are designated as "Open Space". The site is not within a Conservation Area.
3.2 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."
==== PAGE 4 ====
21/00249/B Page 4 of 6
4.0 PLANNING HISTORY 4.1 The following planning permissions are considered to be specifically material in the assessment of the current application: -
O 18/01142/B - Erection of a temporary multi-purpose building for a three year period - Approved 15.04.2019 for a three year period (15.04.2022).
o 18/00865/B - Erection of projection facility dome and weatherproof enclosure within central courtyard (retrospective) Approved 15.10.2018
o 16/00865/B - Demolition of existing swimming pool building and out-buildings and erection of a multi-purpose building with associated soft and hard landscaping - Approved 17.10.2016
o 16/00678/B - Creation of a car and coach parking facility with associated lighting, construction of additional passing places and a new road access and upgrading of existing track to an access road - Approved 17.10.2016
o 10/00194/B - creation of a car parking area together with access roadway, footpaths and associated lighting - Approved 29.04.2010
o 03/01429/C - change of use of Nunnery Estate to permanent use as a Business School and uses incidental to, including additional car parking, teaching facilities and associated residential accommodation indicated within master plan - Approved 09.01.2004
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Highway Services comment (04.06.2021); "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking."
5.2 Douglas Borough Council have commented on this application and stated that they do not object (25.05.2021).
6.0 ASSESSMENT 6.1 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application.
6.3 Since the initial approval, the Area Plan for the East has been adopted. This in some way has helped the current application, in that the land is now designated for development, whereas previously the land was designated as "Open Space" where there is a presumption against development.
6.4 The Isle of Man Strategic Plan 2016 has not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received.
6.4 The reasoning for the time period of this application was to given the applicants comfort that there was to test the sustainability of the venue. The unprecedented events which have taken place in the last 18 months have clearly impacted this test from being undertaking in a meaningful way. Accordingly, it is considered on this occasion that an extension to the initial 3
==== PAGE 5 ====
21/00249/B Page 5 of 6
year period is acceptable. It should be noted the applicants do have a further year on their original approval (expires 15.04.2022), so in fact this approval in practice would essentially only give an additional two years above what they already have.
6.5 For information the following report is the Officers report for the previous application (18/01142/B):
"The principle of development 6.1 Under the previous planning permissions ref: - 16/00865/B the case officer noted that the site is not designated for development; however, at that time the site had a building on it and as such, the provisions of General Policy 3 (c) were considered applicable and would allow redevelopment if the new building resulted in an improvement to the general appearance of the site and a reduction in the current impact. The current site is vacant following the demolition of the previous swimming pool building and other out-buildings; however this could have been carried out without the need for planning permission.
6.2 This planning permission if believed to be still extant, although it doesn't appear to have been formally commenced in planning terms. The proposal is for a broadly similar development in terms of the proposed use; therefore the principle is considered to be acceptable, subject to the consideration below.
Character and appearance 6.3 The existing building was considered by the case officer of the previous planning permissions ref: - 16/00865/B to be of inappropriate form given the attractiveness and interest of those nearby. The then proposed building was larger and more prominent, but it was considered that 'the impact is one of a better thought through and designed structure which has been built and finished to complement its surrounding environment not through competing for prominence or stature but by replicating certain materials and by sitting comfortably behind existing walling and a significant tree'.
6.4 The current proposed building is a temporary, semi-permanent structure with a steel and aluminium frame and PVC coated polyester fabric to upper walls and roof; the lower walls will be finished in uPVC cladding that is stated as 'goosewing grey' on the submitted plans. It is less well considered and is primarily functional in appearance; however considering its temporary nature, its location set away from any public vantage points and the general improvements in terms of the surrounding hard and soft landscaping, it is considered acceptable in this case.
Impact on neighbours 6.5 There are no nearby residential uses near to the buildings themselves or the access to the site. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents.
Parking and highway safety 6.6 On-site parking provision for the wider site is accommodated in the existing car parks, one of which was the subject of planning permission 16/00678/B. There are a number of existing uses on the site as well as several approved uses, some partly implemented, that are the subject of planning permissions granted in recent years. Highways have indicated that the applicant has not adequately demonstrated that there would adequate site parking to serve the development.
6.7 The current proposal is intended to replace an previously approved planning permission and is located on the footprint of the previous approved building; therefore it in not in addition to it. The use of the site will primarily be outside of the use of the wider educational facilities on the site. Concerns appear to mostly relate to the function of the site within its boundaries and doesn't relate specifically to the public highway network. The parking provision is considered adequate."
7.0 CONCLUSION
==== PAGE 6 ====
21/00249/B Page 6 of 6
7.1 Since the initial approval there have been no material planning changes which have arisen which would result in the Department from considering the application in a different light. While the Area Plan for the East has been adopted which has an affected of supported development on the site and the Isle of Man Strategic Plan 2016 has not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. It is recommended that planning permission be approved.
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 can confirm that this decision has been made by the Head of Development Management 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 : 01.07.2021
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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.
Copyright in submitted documents remains with their authors. Request removal