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21/00825/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00825/B Applicant : Ocean Waves Ltd Proposal : Removal of condition 2 to PA 19/01103/B involving alterations to the arrangement of bin stores Site Address : 11 Castle Street Douglas Isle Of Man IM1 2EX
Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.10.2021 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
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.
C 2. The proposed bike and bin storage as shown on drawing referenced; JTM1928-VC-01- REV-B, shall be implemented and made available within four weeks from the date of this notice and maintained for the occupants / users of the building at all times.
REASON In the interest of public and private amenity.
C 3. No approval is hereby given for refuse or recycling storage along the unnamed lane between Castle Street and Market Street adjacent to 11 Castle Street or within Castle Street.
Reason: to protect the street scene and highway safety.
C 4. The application hereby approved shall implement a waste management strategy to handle the disposal of refuse and recycling and shall be made available for inspection by the Department.
REASON: Planning permission has been granted as an exception, to ensure the waste and recycling generated from the premises is managed in a controlled manner to prevent any Environmental Health Issues arising.
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21/00825/B Page 2 of 5
This application has been recommended for approval for the following reason. The proposal would be an appropriate use for the building without harming the external appearance and character of the area and would comply with General Policy 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to drawings received on 20 July 2021, referenced; Location Plan - P-00 Existing Floor plans and Elevations - P-01 Approved floor plans and Elevations - P-02
and additional information and drawings referenced; Waste management Statement, received 17/08/21 Proposed Floor plans and Elevations - JTM1928-VC-01-REV-B, received 21/10/21
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is the curtilage of 11 Castle Street, Douglas which is a two storey end of terrace retail unit. The application site is situated to the western side of Castle Street (the high street) and north of the public footpath which runs from Castle Street and Market Street.
1.2 Planning permission was granted with a number of conditions attached under 19/01103/B - Conversion from retail (Class 1) to ground floor retail (Class 1) and cafe/restaurant (Class 3) and first floor to residential / tourist accommodation.
1.3 Within this application bin storage is provided via new accesses within its south elevation, being new doors. A existing separate doorway within the south elevation, directly the public footpath would provide access to the new residential unit above the shop.
2.0 THE PROPOSAL 2.1 Proposed is the removal of planning condition 2 which states; "Prior to the occupation of the apartment/tourist unit hereby approved the provision of the bin store and cycle provision are required to be installed and completed as shown on Drawing JTM1928-P-02 and retained for those purposes thereafter.
Reason: To ensure that sufficient bin storage and cycle parking provision is provided".
2.2 On the application form the agent states the reason to remove this condition is; "Remove approved recessed bin stores to external walls due to uncertainty in existing stone structure. - Reconfigure staircase to apartment/tourist accommodation to allow internal refuse/recycle bin storage underneath stairs (maintaining cycle storage also). The Ground Floor commercial section of the development will have a private waste management company to remove refuse/recycling. - Coordinate refuse/ recycling collection times with Douglas Borough Council from Market Street".
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2.3 The submitted drawings show the south elevation with existing, as approved and proposed. o The existing plans show a fire exit door on the south elevation. o The approved plans shows on the south elevation the creation of two sets of double doors in the south elevation to provide dedicated bin storage adjacent to the existing fire door. o The proposed plans shows, the omission of the proposed two doorwars on the south elevation and an internal reconfiguration of the space and retention of the existing fire door.
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is within an area designated as an area of 'Mixed Use Proposal area of Strand Street' and 'Primary retail frontage' on the Area Plan for the East, Map5 Douglas central.
3.2 The application site is not within a conservation area. The site is not within an identified flood risk area. There are no trees within the immediate vicinity of the site.
3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application:
3.3 General Policy 2 (in part): '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:
(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; (g) does not affect adversely the amenity of local residents or the character of the locality;
4.0 PLANNING HISTORY 4.1 19/01103/B - Conversion from retail (Class 1) to ground floor retail (Class 1) and cafe/restaurant (Class 3) and first floor to residential / tourist accommodation. Approved with conditions; 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Prior to the occupation of the apartment/tourist unit hereby approved the provision of the bin store and cycle provision are required to be installed and completed as shown on Drawing JTM1928-P-02 and retained for those purposes thereafter. Reason: To ensure that sufficient bin storage and cycle parking provision is provided.
5.0 REPRESENTATIONS 5.1 Douglas Borough Council (DBC) have commented on (05/08/21; 09/08/21; 10/08/21;16/08/21; 01/09/21; 13/09/21) negotiating on the bin storage , provision, access, and availability to empty and on the provision of bike storage. In their last correspondence of the 13/09/21, the council OBJECT, but if approved a condition that states; No approval is hereby given for refuse or recycling storage along the unnamed lane between Castle Street and Market Street adjacent to 11 Castle Street."
On the amended plans (referenced -JTM1928-VC-01-REV-B) commented by email (27/10/21) with no objection if the conditions circulated are attached to protect the amenity of the area and ensure the use has no detrimental effect on the streetscene.
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5.2 Highways Services have commented (05/08/21; 25/08/21) object on account of the bicycle and bin storage should be separate or the bicycle storage omitted from the proposal. On the amended plans (referenced -JTM1928-VC-01-REV-B) commented by email (20/10/21) that they would be happy if the bicycle storage was removed to allow for adequate bin storage.
6.0 ASSESSMENT There are two issues within the planning application, does the non-installation of the two twin doors to the south elevation affect the character of the property and is there adequate bin storage and bicycle storage provision available.
6.1 The non-installation of the doors to the south elevation would keep the existing south elevation as is and the fire door is the only access point on the side. As such this is deemed non-contentious
6.2 The issue over the bike store and bins storage provision and the provision of waste management has been a contentious point and has resulted in a lot of ongoing negotiations and amended plans. Whilst both highways and DBC had issues about the potential for bins to be left in the alcove on the south elevation, the applicants confirmed (email 11/10/21) that the bins will be managed by a refuse/ recycling collection either privately or combined with DBC and there will be no bins on the highway.
6.3 An amended plan was submitted that was initially circulated to Highways and DBC for comment prior to formal acceptance which showed a method of separate bin storage within the building and the storage solution for the bicycle storage. The proposed bin storage would allow for the internal storage of 5 x 240l two-wheeled bins as shown on the amended plan ref; JTM1928-VC-01-REV-B,. This twinned with a waste management plan would be acceptable with Douglas Borough Council as discussed (email 27/10/21) and bolstered with an appropriate worded conditions which the applicant and DBC are in agreement with to prevent any waste bags or bins being stored to the externals of the building and that a waste management strategy is implemented to prevent any environmental health issues arising. This would also help to protect the amenity of the area and ensure that the development has no detrimental effect on the streetscene or highway safety.
6.4 The initial reason for the condition was part of the application was to ensure there was adequate provisions for bin storage for the flat on the top floor and the catering unit on the ground floor. A solution has been found that is acceptable by all stakeholders and can be conditioned to ensure its implementation and retention.
6.5 The concerns from Highways regarding bicycle storage and conflict with the proposed bin provision and their comments (20/10/21, they are happy to omit the need for bike storage in this instance is acknowledged. However any provision for bike storage whether implemented or not can only be a positive benefit in the wider scope of providing sustainable methods of transport.
6.6 The proposed modifications will largely be unnoticed by the public from the externals of the building and are more internal reconfiguration and management of the waste collection. These aspects are deemed to be in accordance with GP2 and are acceptable by DBC and Highways.
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the planning application would be an appropriate use for the building without harming the external appearance and character of the area and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval with agreed conditions.
8.0 INTERESTED PERSON STATUS
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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 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: 29.10.2021
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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