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The site for both applications comprises land at the corner of Hope Street and St George's Street, backing on to St. George's churchyard. The land has been cleared of buildings, and is now used for surface-level car-parking, pending redevelopment.
The land falls by some 3m from the northern corner on Hope Street to the southern corner on St. George's Street. There are trees standing just inside the churchyard.
On the other side of St. George's Street, where there used to be the Forester's Arms, the land has been cleared, also prior to redevelopment.
Application no. 07/00006 proposes the erection of a 5-Storey building (including a "semi-basement") which would accommodate 38 apartments and 15 car-parking spaces. The apartments would all be single-bedroomed, and would all have a floor area in excess of the minimum prescribed for permanent occupancy by the Housing (Flats) Regulations (30sq. m.). The parking spaces would be accessed from St. George's Street. The spaces are generally 2.5x5.0m.
Also included is space for a concierge, with associated office/staff-room, an electricity sub-station, and a refuse store.
The architecture is of modern style.
Application no. 07/07 proposes the erection of a 5-storey building of essentially the same form and style as that proposed in 07/06, but, whilst the upper three floors would again be used for one-bedroomed apartments (30), on the ground floor there would be a restaurant/bar, and in the "lower ground floor" floor there would be a "commercial/retail unit" and a smaller number of parking spaces (ten rather than fifteen).
Regard should be had to the following previous planning applications in respect of the same site:-
a) PA 01/00891 Approval in principle for redevelopment of site, consisting of restaurant/wine bar, apartments, and parking. Approved 14.09.01, subject, inter alia, to the following conditions: 2) Each apartment must be provided with a minimum of one on-site parking space. 3) In the design of the proposed building, regard must be had not only to the impact of the building on the streetscapes, but also to the impact as viewed from the churchyard; the trees and the
churchyard wall should not be disturbed by the development; the appearance and dignity of the church should not be demeaned by the height, form, or style of the proposed building.
b) PA 02/00939 Erection of building housing 22 apartments and car-parking. Approved 15.11.02; still valid. The proposal included 22 parking spaces.
c) PA 03/00533 Creation of temporary car-park. Approved 14.08.03
The gist of the responses from our consultees and from third parties is as follows:-
Highway Authority: In the absence of any control over occupancy, the Highway Authority judges that there is insufficient off-street parking provision.
Local Authority: Douglas Corporation objects on grounds relating to over-intensive use, the design being out of keeping, and the inadequacy of the parking provision.
Drainage Authority: Acting as agents for the Department of Transport, the Douglas Corporation has indicated that it has no objection in principle; the details which it requests could be required by condition in the event of approval.
Fire Service: Consultation requested. Police Architectural Liaison Officer: Advises that there should be a security gate at the garage entrance. MEA: Standard Notes 1 and 2. Water Authority: Standard Notes 1 and 4. Disability Access Office: Standard response to an application for flats.
Environmental Health Inspectorate: Advice that the flats would not comply with the Housing (Flats) Regulations. I have sought clarification of this.
Estates and Housing Directorate: A request for 25% of any proposed housing to be "affordable", but pointing out that one-bedroom flats do not comply with the prescribed criteria for such housing.
Local Residents: Two letters from residents of 2 George's Terrace express concerns about the impact of traffic, parking, late night activity, and the general change in the environment now proposed. These concerns may, at least in part, arise from the stated address of the site (as 19/20 St George's Street - I think it is just No. 20.)
Mr Jessopp: Concerns in relation to use for permanent occupation, the adequacy of the parking, and the appropriateness of the design.
On the Douglas Local Plan, the site is within an area zoned for Predominantly Office use. However, the Department has previously resolved to protect existing housing within this area (where it is fit for use as such), and has also, in practice, approved new housing within this area, having regard to the
generally acknowledged availability of development opportunities for office use, and to the general sustainability of the area in terms of residential use.
The principal issues in assessing this application are
a) Land use: not only the residential use, but also the restaurant/bar and the "commercial unit"; b) Parking provision; c) Visual impact; of the building itself, in the street scene, and from the churchyard; d) The quality and environment of the proposed flats; and e) Affordable housing provision.
The following paragraphs deal with these issues in the above order, followed by consideration of other matters of detail.
Despite the Local Plan zoning of the site for office use, planning approvals have been granted for residential use as apartments, including also a restaurant/bar. Since there is not a shortage of opportunities for office development within Douglas, and since residential development would self-evidently be sustainable, I see no objection to the use of the site for flats, or to the inclusion of a restaurant/bar. The proposed "commercial/retail" unit could be used for office purposes without conflicting with land-use zoning or clashing with the proposed residential use. However, retail use would be outside of the Town Centre retail area, and could, depending on the nature of the retailing, result in disturbance to local residents.
Application 07/00006 includes 15 parking spaces for 38 one-bedroomed flats (the drawings show a double bed, but the floor areas are generally such as to limit the occupancy to one person, in accordance with the Housing (Flats) Regulations). Application 07/00007 includes 10 parking spaces for 30 one-bedroomed flats, a restaurant/bar, and a "commercial" unit. Whilst the reports from the applicant's traffic consultant conclude that "... permission should not be refused for reasons of road safety, capacity, or car-parking provision", the Highway Authority and the Local Authority judge otherwise. Despite the "sustainable" location of the site, close to public transport, employment, and town centre facilities, and despite the applicant's intention that the flats would be occupied by business people who do not live permanently on the Island, there must nevertheless be a good likelihood that the demand for parking will exceed the supply, resulting in further on-street congestion.
The architecture is of modern style, but the height and form are such as to result in a building which would sit comfortably on the corner and in the street scenes. The apertures and glazing are crisp and well-mannered, and the overall appearance is pleasant. The use of materials, external finishes, and colour could beneficially be a little more cheerful.
Whilst the outlook from the flats would be either on to the highway or the churchyard, and the general environment is satisfactory, it should be noted that, as submitted, the drawings indicate that
the only windows would be to the living/kitchen area of each flat (i.e. the bedrooms would not have windows). It is understood that this matter is the subject of discussion between the Architect and the Housing Office, and may be addressed by revised internal layouts.
Having regard to the previous approvals for residential development, which are not subject to any requirement to provide on element of Affordable Housing, it may be unreasonable to impose such a requirement now. However, it should be noted that the current proposals are for a larger number of residential units, and that one-bedroomed flats do not comply with the HPAS.
a) Drainage details could be required by condition. b) A security gate to the garage could be required by condition. c) Refuse storage is proposed, and is adequate. d) Protection of the churchyard wall and the trees could be controlled by a condition which required submission of a method statement.
The Highway Authority and the Local Authority are accorded interested party status by the Order.
The Environmental Health Inspectorate and the Estates and Housing Directorate are part of the Department, and thus not separate interested parties.
The other statutory bodies who made representations all have a legitimate interest in the proposal, and should therefore be accorded interested party status.
The residents of 2 George's Terrace and Mr Jessopp are too far from the site to be accorded interested party status.
Recommended Decision: Permitted
Date of Recommendation: 20.06.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. There would be insufficient on-site parking provision to meet the demand arising from the proposed use of the site; on-street parking would add to existing congestion on nearby streets.
R 2.
The proposed flats would provide unsatisfactory living accommodation in that there would be no natural light to, or outlook from, the bedrooms.
R 3. The proposed retail unit would be outside of the area zoned for that purpose on the Douglas Local Plan; the proposed development would thus fail to comply with the Plan, and fail to add to the effectiveness and vitality of the Town Centre Shopping area.
Decision Made : ... Committee Meeting Date : ...
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