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21/00622/C Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00622/C Applicant : Mr David Hathersich-Jones Proposal : Change of use of vacant site to a temporary car park Site Address : 21 - 22 West Quay Ramsey Isle Of Man IM8 1DL
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 28.07.2021 __
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 1 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 Ramsey Local Plan.
R 3. The proposal would be contrary to General Policy 2 as the proposal would detrimentally affect the visual appearance of the street scene and the site itself. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF HEAD OF DEVELOPMENT MANAGEMENT
0.0 PREAMBLE 0.1 The planning application was deferred by the Planning Committee to seek amended plans in line of comments in relation to Highway Services and to give the applicants the opportunity to provide additional comments. The applicants have made the following comments:
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"Also in regards to clarifying other items, please see below:
The applicant would be happy with a condition to the approval that stated a maximum use as a temporary car park of 12 months. This works on the basis of current timelines and the nature of the developments that will go on these sites. Planning will be a minimum of 10/12 weeks including validation time. Allow for an additional 4/8 weeks minimum for replying to any queries from relevant Government Sectors. Building Control application following approval will be a 12 week period which would include preparation of applications and approval time at 6 weeks. Allow an 8/12 week period for detail constructional drawings/tender time etc. This takes us up to and probably beyond 12 months but would allow for the sites to have some form of use in that period.
The applicant/Landlord of these sites has not 100% decided on the best method/type of parking to be implemented on these sites as of yet.
The Quayside site will most likely be a private car park due to the smaller nature of it.
The site next to the Co Op will be an extension of the existing car park as shown on the plan with entrance through from existing car park. The method as per point 2 above is not confirmed but it would be anticipated that it would have some form of charging method applied.
The main point is that these temporary car parks in whatever form will be assisting with parking availability in Ramsey Town Centre. The consideration of electrical charging points would also be something that would be then utilised on the future developments."
0.2 It should also be noted that one purpose of “The Action Plan" approved by the Council of Ministers to continue to incentivise and support site redevelopment and the associated economic development by not allowing brownfield sites to be used as temporary car parks. This is a significant material planning consideration and is a clearer direction from The Council of Ministers. Further, allowing such development has the potential to have significant impacts upon the area as whole, as temporary car parks not only look unattractive. But they adversely affect the site and the street scene they form part of. Finally, and arguably a significant consideration is that they have a neglected appearance and may result in the potential for areas surrounding the site being invested in or as much. Accordingly, an outcome of allowing such development may impact other sites as well.
0.3 Should the Planning Committee approve the application it is recommended that a soft and hard landscaping scheme should be submitted.
0.4 No further changes have been made to this report.
1.0 THE SITE 1.1 The site is a vacant parcel of land between the Farmers' Combine building and Collins Lane which sits on the southern side of the quay in Ramsey between East and Christian Streets. The building has a frontage to the quay of around 15m and extends back to abut the boundaries of properties which front onto Parliament Street.
2.0 THE PROPOSAL 2.1 Planning approval is sought for the change of use of vacant site to a temporary car park. The applicants state: " 1.1 Planning Approval is sought for the temporary use of the site in question as a car park. 1.2 This car park would create approximately 10 parking spaces. 1.3 The existing site is clear and has had various applications sought on it in the past.
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1.4 The applicant wishes to develop the site in the near future and currently has planning in principle to develop the site. The temporary parking is proposed to utilise the site whilst final details are put together for the proposed development. 1.5 Access would be directly off West Quay and would require 2 of the on street parking spaces to be removed for this access. 1.6 Visibility in both directions is achieved and also is as good if not better than other junctions along West Quay."
3.0 PLANNING POLICY 3.1 The site lies within an area of "Mixed Use - Town Centre" under the Ramsey Local Plan. 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; (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
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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.
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 The construction of six flats was previously granted under 89/0062, 94/1849 and 04/01413/B. The latter application obtained full approval for the erection of a six-unit apartment block on West Quay in Ramsey. Each proposed unit comprise of two bedrooms, a kitchen, a bathroom and a combined dining and living room, with the provision of nine dedicated car parking spaces at ground level.
5.3 A planning application (16/00576/A) was approved for the approval in principle for the erection of a four storey apartment block, and then an extension of time was granted under 18/01234/B.
5.4 The most recent application was for the variation of condition 1 of PA18/01234/B for the approval in principle for the erection of a four storey apartment block, to extend the period of approval for a further 2 years (21/00232/B) was approved this year (16.04.2021).
6.0 REPRESENTATIONS 6.1 Highway Services make the following comments (01.07.2021): "The provided access width of 5.5m is suitable for this type and size of proposal. A visibility distance of 43m has been displayed. This is the correct visibility distance required for an access onto West Quay which is subject to a 30mph speed limit. However, visibility splays have not been drawn and there is no setback distance shown, only an indication of the likely distance achievable.
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Despite the omission of correct splays, through site visits and observations, it appears that the level of visibility shown from the access can be achieved. The access benefits from an open frontage onto West Quay, along with double yellow lines along the majority of the southern side of West Quay broken only by a loading zone to the right hand side of the site. This increases the room for manoeuvres at the access and the inter-visibility of oncoming traffic seeing an emerging vehicle. The visibility achievable from the access is to an acceptable standard.
Current internal arrangements show the parking bay sizes to the east to be 2.4m x 5m. The width of the parking bays falls short of the Manual for Manx Roads standards. An increase to a width of 2.5m would make the spaces more suitable for larger vehicle and SUV use. The disabled parking bays to the west of the site are an acceptable size, and the centre aisle width of 6m is appropriate for the vehicular movements needed to enter and leave the spaces. Usually, when a centre aisle is flanked by parking bays on both sides, a reversing space is provided. This space should also be 6m in width and can be between 1m and 3m in length depending on movements needed.
Electric vehicle charging points should be provided within the site at 10% of actual parking spaces, to aid in the Islands sustainable travel goals. In this instance, at least one space should provide an electric vehicle charging point.
The creation of the car park would result in the loss of two on-street parking spaces. Whilst it is removing the number of vehicles parking on-street, it is unclear if the car park is to be free of charge or require a payment. If a payment is required, the proposal could result in a loss of amenity. Planning permission has been granted on the site for six apartments. This proposal has seen repeated renewals of permission and extensions. One of the actions set out within the document "Reform of the Planning System - Programme for Government 2016 - 2021" GD2018/0031 is that, "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". The proposal is in contradiction of this policy and consideration should be given to the length of time the temporary car park is operational.
Highway Services request revisions and additional information of the proposal. The applicant should consider revising the internal layout of the car park so that it conforms to the Manual for Manx Roads standards, through increasing the widths of parking bays and providing a reversing area. Consideration should also be given to the provision of electric vehicle charging points. In addition, Highways request the information of the nature of the car park use, whether it is private or public and paid or unpaid. Recommendation: Request revisions/additional information."
6.2 Ramsey Commissioners have no objection (01.07.2021).
6.3 Inland Fisheries raise no concerns (21.07.2021).
7.0 ASSESSMENT 7.1 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 7.2 The proposed use, does it fit with the uses outlined within the Ramsey Local Plan. It is therefore not in accordance with the land use designation of the Ramsey Local Plan.
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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 have had permission for a number of years as outline in the Planning History of this report. 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 extant planning approval). The applicant has not provided justification in relation to need for car parking. It is noted parking along Ramsey Quayside (adjacent to site) is rarely at capacity.
7.5 Further, the site is within a few minutes' walk of other public car parks. Further the site is within a town centre location with good public transport links. The Strategic Plan sets out a broad long term direction of travel, by the promotion of other travel methods.
7.6 It is therefore considered that the proposal would be contrary to the Council of Ministers Policy and Strategic Policy 10 of the IOMSP 2016.
7.7 Furthermore, allowing the site to be used as a temporary car park; the site visually does not add to the character or street scene. Currently the main public view is from West Quay, and currently appears clearly as a "gap site" between neighbouring properties. The size of the site coupled with the neighbouring properties only highlight the gap in the street scene which adversely affects the character and appearance of the street scene. Accordingly, further allowing the site as a temporary 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.
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:
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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
9.3 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 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 decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Refused... Committee Meeting Date:...23.08.2021
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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