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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01119/B Applicant : Gold Properties Ltd Proposal : Erection of building with commercial/retail use at ground floor and 5 apartments above Site Address : 1, 1A And 2 Marina Road Douglas Isle Of Man IM1 2HD
Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 18.03.2022 __
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. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including the sedum roof, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 3. The development hereby approved shall not be occupied or operated until the bin storage has been provided in accordance with the approved plans. Such area shall not be used for any purpose other than the storage of bins associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure sufficient bin storage is provided and retained for such use.
C 4. No development shall commence until a scheme for flood mitigation measurers are first submitted to and approved in writing by the Department. All works which form part of the scheme shall be completed before any part of the ground floor or basement is occupied and shall be permanently retained thereafter.
Reason: To safeguard the amenities of prospective occupiers.
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C 5. Prior to the occupation of either the retail or residential use, a scheme for the roof mounted air source heat pumps and Solar panels are first submitted to and approved in writing by the Department. All works which form part of the scheme shall be completed in accordance with those details.
Reason: To protect the neighbouring amenities.
C 6. No development shall commence until a scheme for the basement excavation is first submitted to and approved in writing by the Department. All works which form part of the scheme shall be completed in accordance with those details.
Reason: To control the level of excavation on site.
This application has been recommended for approval for the following reason. The proposed application has been designed to comply with General Policy 2, Environmental Policy 42 and Housing Policy 4 of the Strategic Plan 2016.
Plans/Drawings/Information; This decision relates to drawings received on 22 September 2021, referenced; 20/3021/01 - Site and location plans 20/3021/02 - Existing Floor Plan 20/3021/03 - Existing Elevation and Street Scene 20/3021/06 - Proposed Site plan with local amenities
and amended plans received on 7th December 2021, referenced; 20/3021/05/A - Proposed Elevations and Streetscene 20/3021/04/B - Proposed floor plans __
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 these do relate to planning considerations:
Flood Management Division (DOI) __
Officer’s Report
THE APPLICTION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE 1.1 The application site is the curtilage of No: 1, 1A and 2 Marina Road, Douglas. The property is a three storey end of terrace adjacent to Senna Road which is characterised with traditional proportions and tiled pitched roof the usual fenestration proportions but no chimney stacks.
1.2 Internally comprises shops/retail on the ground floor kitchen and store and offices on the second floor and residential accommodation on the third floor. The property sits on to the north of the main shopping centre of the High street 'Marina Road'.
1.3 The character of the streetscene here is varied; opposite is Falcon house, a 5 storey building with shops on the ground floor and residential accommodation above; Tower house a 4 storey office / commercial / retail building.
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1.4 To the rear of the application site is two storey flat roof building that fronts onto Market Street and the Chester Street Multi Storey car park opposite this.
2.0 THE PROPOSAL 2.1 Proposed is the demolition of the existing building and the erection of a replacement four storey building with commercial/ retail on the ground floor and 5 apartments above on the upper floors.
2.2 The design approach would see a more contemporary approach that would feature a grass sedum roof with plant and machinery are, the vertical proportions cladded in a combination if red brick cladding panels to the rear lower proportions and the vertical section of the lift shaft, and the remainder a grey coloured TBC cladding panels and on the corner section of the building adjacent to Senna Road timber cladding to the first and second storey.
2.3 Internally, the would be the creation of a basement that would feature store and staff facilities with the retail unit above; the ground floor with the active street front would be for commercial and retail with bin storage to the side and bike storage to the rear; first and second floor would see the creation of four apartments (two per floor) one bedroom apartments and to the third floor a two bedroom penthouse apartment.
2.4 The application is also accompanied with an 7 page planning statement that notes; the site and the character of the streetscene; the planning history; results from consultations process; design proposals and rational and materials selection; details about the commercial;/retail aspect and the residential and the eco- credentials of the proposals.
3.0 PLANNING POLICY 3.1 Area Plan for the East designates the area as 'Mixed Use' within Strand Street. The application site is not within a conservation area. The street to the front (All of Strand Street) is identified as being at flood risk of surface water.
3.2 Within the written statement accompanying the Area Plan for the East, the following policy paragraphs offer some guidance;
3.3 Town Centre - Mixed Use Proposal 3 states on page 86: " There will be a presumption in favour of retail, and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, Offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."
3.4 Urban Environment Proposal 1 states on page 51: "The creation of residential units on the upper stories of buildings particularly in Douglas town centre or the subdivision of buildings (particularly in the case of older and underused buildings) for residential use will generally be supported provided proposals do not conflict with other strategic policies or proposals in this plan."
3.5 Urban Environment Proposal 2 states on page 52: "All new development and regeneration proposals within the Comprehensive Treatment Areas and Douglas Town Centre must demonstrate design elements to provide and enhance areas of public realm through sensitive and context specific design."
3.6 Urban Environment Proposal 3 states on page 53:
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"Development proposals, particularly in respect of Douglas Town Centre, which are contemporary in style and which clearly demonstrate innovative design solutions which enhance local character and distinctiveness will generally be supported."
3.7 It is appropriate to consider the following planning policies from the Isle of Man Strategic Plan 2016;
3.8 Strategic Policy 2 - Priority for new development to identified towns and villages 5 - Design and visual impact 9 - New retail to towns and villages 10 - Sustainable transport
3.9 Spatial Policy 1 - Priority to Douglas for development
3.10 General Policy 2 - General development control principles
3.11 Housing Policy 4 - Location of new housing and exceptions
3.12 Environmental Policy 42 - Respect the character and identity 10 - Potential risk of flooding
3.13 Business Policy 1 - Growth of employment opportunities 9 - Support for retail in existing defined areas 10 - Retail development in established towns
3.14 Transport Policy 4 - Highway safety 7 - Parking provisions
4.0 PLANNING HISTORY 4.1 The planning history of the site is more reflective of changes to the shops, opening hours, advertisements. As such they are not considered pertinent to this application.
5.0 REPRESENTATIONS (in brief - full reps can be read online) 5.1 Douglas Borough Council commented (6/10; 8/10; 16/11; 23/11; 8/12) on the bin provision and the storage of those, bicycle storage, electric provision in the bike storage area; On the amended drawing they do not object to the proposal.
5.2 Highways Services commented (7/10 & 9/12) initially raising concerns over the doors opening onto the highway. The amended plans were considered and highway have no objection subject to a condition that no doors open onto the highway.
5.3 Flood risk management commented (8/10) with no objection but highlighted the site is within a surface water flooding zone and recommends flood resilience built in.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are;
(i) Principle - (STP2, SP1, BP1, 9, 10, HP4) (ii) Design - (EP42)
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(iii) Visual Impact - (Gp2b, c) (iv) Neighbouring Amenities (Gp2g) (v) Living conditions (GP2h) (vi) Parking Provision - (TP4, 7) (vii) Flood Risk - (EP10; GP2l) (viii) Sustainable construction (GP2n) (ix) Basement Construction - (GP2f)
Principle 6.1 The site is within a designated are of mixed use on TAPE and is part of the main shopping street in Douglas Town Centre. The proposed scheme is for retail units at ground floor and accommodation above with 5 apartments. The principle of development within this part of Douglas would be supported through STP2 and SP1 and HP4 as Douglas is a named Town. The retail would be supported thorough BP1 for the creation of employment opportunities through retail, and generally supported through BP9 & 10 given the proposed use is in accordance with the land use designation of Douglas Town Centre. The accommodation above would be in accordance with the guidance given in TAPE Urban Environment Proposal 1, and is further supported through the strategic plan at paragraph 9.4.5 to help support the use of the area at different times. As such the principle would be supported.
Design 6.2 The proposal would take a more contemporary approach to design given and fenestration placement and materials utilised, whilst different than the other properties in the streetscene, is not uncommon lower down the high street where some building have been rebuilt or in the process of being rebuilt to a more contemporary appearance. This approach is further supported in TAPE through Urban Environment Proposal 3, where it could be said the proposal "demonstrates innovative design solutions which enhance local character and distinctiveness", whilst this is subjective and may not be to everyone's liking, it is fairly inoffensive.
6.3 The basic form of the building is reflecting in the size of the footprint of the site and its height is broadly similar to those opposite. The inclusion of a flat/ sedum roof, helps keep the massing lower and somewhat provides a peasant appearance when viewed from the upper levels of Chester Street car park or any advantageous elevated position. It is further noted the building to the rear is also flat roofed as is some of those older properties to the rear streetscene. The choice of finishes and window sizes is what makes the proposal stand out in design terms, and leans more towards an interpretation of "contemporary" appearance. The use of large glazing to the ground floor helps keep an active street front and the glazing to the upper floors is more reflective of the proposed uses as residential, which in itself is not necessarily offensive. Given the narrow street width of Strand Street, there would be limited upward looking views from ground level. As such the proposal would be seen to make a positive contribution to this end of the street and could be seen to enhance this areas of public realm through its design, providing a modern approach in accordance with EP42 and the UEP3.
Visual Impact 6.4 The proposal would be replacing an existing built form of traditional proportions and painted white render that is reflective of the tired character of the area. The existing is currently in a sorry state of appearance and is much reflective of this part of the streetscene. Whilst the proposed building would be a stark contrast (contemporary appearance) it would not be considered an incongruous feature and makes good use of a corner plot that echoes a progressive movement of modernising some of the existing buildings along the main shopping street.
6.5 Within the main shopping street with retail frontage, there has been a number of examples where the department has previously granted permission for properties to be demolished and rebuilt in a more contemporary appearance altering their visual appearance.
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As such, the proposed redevelopment of this site could positively contribute to the continued regeneration of the town centre.
Neighbouring amenity 6.6 Given the broad support for residential above the ground floor retail, the proposal would not be introducing a use that is not already evident in the streetscene. Furthermore it is not considered to have any adverse impact upon those residents already within the streetscene through any overlooking, loss of privacy or overbearing impact over and above the existing levels given the properties orientation. It is further noted we have not received any objections or comments from the adjoining neighbours and the local authority do not object. On balance, these aspects would be considered to be compliant with those sections of General Policy 2(g).
Living conditions 6.7 In considering each of the apartments amenity standards, the building incorporates a number of large windows to the front and side with views out towards the adjacent properties, albeit its character is varied and not unattractive but one of an active streetscene. Each living room is positioned on the front elevation of the building affording views out with adequate amount of space within each apartment.
6.8 The proposed access to the apartments would be from the side elevation on Senna Road that is lit by street lighting, it is an active through road with some pedestrian activity that serves as a connection from Market Street to Marina Road and is wide enough for a commercial vehicle to fit along. As such this would be considered to be an acceptable entrance to the property.
6.9 The apartments are large enough to accommodate the usual arrangement of rooms for habitation in different layouts. There would appear to be adequate space to allow for the drying of clothes and circulation space within each apartment. There is also a communal staircase and a lift to all floors and a refuse or waste collection point at the side of the property. The living environment of the proposed apartments is deemed to be acceptable and provides satisfactory amenity standards in itself in accordance with Gp2h.
6.10 Being with the town centre development there is no outdoor amenity space provided. However there is ease of level access to good public open space that would provide a degree of respite from the activity in the area, namely Douglas promenade and the beach and other leisure areas off the promenade or Douglas head.
6.11 The current bin provision has been accommodated off the side elevation on Senna Road and has been designed in conjunction with Douglas Borough Council to ensure the bins are off the street and in secured store. This aspect of the proposal is deemed acceptable and in agreement with Douglas Borough Council para 5.1. There is adequate provision for cycle storage at the rear of the building from the service lane and has been agreed by highways authority as noted in para 5.2.
Parking Provision 6.12 The site provides no parking on site and Transport Policy 7 requires one parking space per one bedroom apartment. Highway Services have noted the IoM strategic plans call for off road parking spaces, but given the application site is with the town centre location and close proximity to primary public transportation links. Provision is allowed within the strategic plan in Appendix 7, Parking standards, A.7.1 which says "however, in general, the need to find a use for redundant buildings which are in sound condition will outweigh the drawback of any shortfall in parking provision".
6.13 The site is within 900m of the main bus station on Lord Street, offering routes throughout the Island, and is also centrally located within the Island's capital. The strategic plan also allows for a relaxed standard where "In the case of town centre and previously
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developed sites, the Department will consider reducing this requirement having regard to: (a) the location of the housing relative to public transport, employment, and public amenities". It is further noted Highways Services do not object to the lack of provision for parking and support this application as to do Douglas Borough Council.
6.14 The application site is amongst the most sustainable locations on the Island and so an objection on grounds of a lack of parking is not considered significant enough to warrant a refusal.
Flood Risk 6.15 It is noted the site is within an area identified at risk of flooding, (mainly the street) and the flood risk management team do not object, presumably as the residential element is on the upper floors and not at risk. As such a flood risk assessment is not required as per EP10. However, it would be pertinent in this instance, for the safeguard of property, to seek some form of flood prevention measures should a flood occur. There is every possibility an engineering solution within the fabric of the building could be incorporated to mitigate and manage any risk of flooding and limit the damage that may occur. Any flooding here is only likely to affect the ground floor retail and potentially that of the basement (storage). In this instance it would be appropriate to seek a condition that seeks flood protection or mitigation measures as part of the scheme prior to construction and retained thereafter. As the level of risk is low, the proposal would be seen to comply with EP10, GP2l.
6.16 Sustainable construction The erection of a new building would have to conform to building regulations standards which ensures the thermal efficiency of the building is maximised. In addition the building has been designed with the majority of the glazing to take advantage of the natural light to the shop and apartments above. The design also proposes that the building will have Air source heat pumps and potentially Solar / PV panels to ensure that the building is as "green" as possible with the inclusion of a sedum roof.
Basement Construction 6.17 Within the application, it proposed to create a basement where present one is not shown, as such this will involve a degree of excavation on site and removal of materials. As such depending on the scale of excavation a license could be required Under S29(1)(b)(iii) of the 1986 Minerals Act, (page 22) where any excavation that exceeds the removal of over 200 cubic metre of material, the applicant should give the Department (DED) at least 2 weeks' notice in writing prior to commencement of excavations so a license may be issued.
6.18 Judging by the proposed basement floor plan this would measure a footprint of approx. 145sq m. The existing plans do not show any basement in existence. At the time of writing clarification was sought from the agents / applicant and further information is still pending. Nevertheless, as this would not be a reason to refuse the application, it would be appropriate to include a condition that seeks prior to construction a plan to be submitted to the department noting the extents of excavation for consultation in accordance with the Minerals Act to prevent any unnecessary excavation.
7.0 CONCLUSION 7.1 The planning application would be an acceptable form of development that has been designed to ensure that it complies with the aforementioned policies.
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;
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(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 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 : Permitted
Committee Meeting Date: 28.03.2022
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
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