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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/01398/C Applicant : Thyme Ltd Proposal Continued use of 22 temporary car parking spaces Site Address 20 St Georges Street Douglas Isle Of Man
Case Officer :
Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 22.03.2022
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The use of the site as a temporary car park may continue until 2 years from the date of this decision notice whereupon the use must cease.
Reason: to reflect the intention of the application and to coincide the temporary period to that of recent approvals for temporary car parks in Douglas, all to accord with the COMIN directive on temporary car parks.
This application has been recommended for approval for the following reason. It is concluded that there is sufficient justification in this case; again, to approve the use of this site as a temporary car park until 2024. By then a new scheme could be implemented or the car park use of this site will cease. This was stated by the last approved application; however given the Covid pandemic it is considered reasonable to allow the applicants perhaps a final chance to develop the site.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawing all received on 26.11.2021.
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Interested Person Status - Additional Persons
None __
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE COUNCIL OF MINISTERS' ACTION PLAN; ALSO THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The application is an almost-triangular parcel of land situated at the south-eastern corner of St. George's and Hope Streets. Also within the control of the applicant are two parcels of land on Circular Road to the northwest, on which planning approval was granted for the construction of a large office block connected by an over-highway walkway, which is now complete and occupied.
1.2 The site slopes downward from north west to south east and is consistently hard surfaced with the access and exit from the west onto St. Georges Street. The site is bordered by timber post-and-rail fencing on the north-western and south-eastern sides. On the other boundaries are a stone and patched rendered wall adjacent to the church and the remaining buildings on St George's Street. At the time of the first site visit there were weeds growing at the edges of the hard surfaced area and the wall bordering the Church was finished in a patchy mix of stone and render.
2.0 THE PROPOSAL 2.1 The application seeks approval for continued use of 22 temporary car parking spaces for a period of three years.
2.2 Permission was granted in 1998 and 2003 for this use and it has continued as such, with and without permission, since under 98/00320/B, 03/00533/B, 15/00232/B, 17/00169/B and 19/00734/C with the last of these extending the approval until 20.09.20. The applicants have advised they have ceased using this car park due to this, Covid and also as part of the rear boundary wall has collapsed (needs to be repaired).
2.3 The applicant clarifies the situation by explaining that the site has been used as a temporary car park for 16 years and latterly by Thyme Limited whose tenant is Microgaming Ltd and whose approval for new offices on Circular Road (14/00113/B) required a parking strategy, part of which was a transport plan which aims to reduce transport to and from work by car by its staff and partly by the use of the temporary and permanent car parks on this site. 43 car parking spaces were to be provided on site (Circular Road) with a further 22 elsewhere (indicated at the time to be on this site). Since that time Microgaming have been considering their options for the application site with potentially office space above the car park as the further needs of their company emerge. However, this process was halted by Covid and the resultant economic consequences and therefore Microgaming are unable to carry out the capital investment of a multi-story car park.
3.0 PLANNING POLICY 3.1 The site lies within an area of "Mixed Use Proposal Area - 4 St George's" on the recently adopted Area Plan for the East 2020. The site abuts the Athol Street/Victoria Street 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
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(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 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."
3.2.6 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 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."
3.2.7 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
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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.
4.4 The Area Plan for the East has been approved by Tynwald and came into operation on the 1st December 2020. This identifies that the application site is proposed for allocation as, "Mixed Use". The written statement indicates that:
"Mixed Use Area 4 - St George's This is the business district of Douglas and is characterised by offices, many serving financial institutions. Athol Street is notably the core of this area and is representative of the economic well-being of the Island. There is a smattering of food and drink uses supporting the area. The primary office frontage along Athol Street is notated by the hatched line on Map 5.
Town Centre - Mixed Use Proposal 4 There will be a presumption in favour of offices and financial and professional services along Athol Street. Within the area, but outside of Athol Street, offices, financial and professional services, food and drink and some residential uses will also be acceptable. Uses which conflict with these will generally not be supported. As this area lies partly within a Conservation Area, development plans should pay regard to the Conservation Area Character Appraisal for Athol Street and Victoria Street."
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 Temporary use as a car park (retrospective) was approved under 19/00734/C, subject to the following condition; "The use of the site as a temporary car park may continue until 20.09.20 whereupon the use must cease.
Reason: to reflect the intention of the application and to coincide the temporary period to that of recent approvals for temporary car parks in Douglas, all to accord with the COMIN directive on temporary car parks."
5.3 Further, the permanent car park was approved under 16/00835/B, subject to conditions including the following:
"The land the subject of this application shall be used solely for the parking of motor vehicles of those employees working on or within the land parcels edged in blue on the submitted plan SC1328-00-10, date-stamped as having been received 14th February 2017.
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Reason: Without this condition, it is possible that a planning approval on the land edged in blue could not be lawfully implemented, and is in any case intended to be used in connection with that land. Such a condition is therefore in the interest of highway safety generally and in the interest of providing sufficient car parking space more specifically."
5.4 The Microgaming offices were approved subject to conditions including the following:
"Prior to the occupation of the new building hereby approved, the applicant must have approved by the Department details of the provision of car parking to serve the development. This must address the total number of spaces required to be provided under the terms of the Strategic Plan or a justification for any reduction in this provision such as a Travel Plan, and with a phasing arrangement for the delivery and retention of the spaces and the monitoring of the Plan. Once provided, the car parking spaces must be retained for use by those employed within or in association with the development hereby approved.
Reason: in the interests of road safety and reducing vehicular traffic to the development."
6.0 REPRESENTATIONS 6.1 Highway Services make the following comments (09.12.2021): " Highways Development Control notes that this facility has operated as a temporary car park for a number of years with an acceptable layout and without issue. It acknowledges an earlier consent for a multi storey car park associated with an office development under PA16/00835/B and that use as a car park may be considered fitting. Nonetheless, there is no sign of any office or other use coming forward.
HDC expresses concern at the number of and continuance of renewals given the directive against such development set out in the "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) and that the planning condition under PA19/00734/C required car parking operations to cease on 20 September 2020. Additionally, this proposal is at odds with the intent to develop brownfield sites and reduce car based travel into central Douglas. Alternative plans could have been considered in the interim period. Responsibilities on maintenance to the demise do not abate on cessation of uses, and the repair to the boundary wall could have been arranged at least if not undertaken.
Accordingly, HDC raises opposition to this proposal. If permitted, it would represent an unsustainable form of development contrary to the COMIN directive and spirit of IOM Strategic Plan, Transport Policy 7.
Recommendation: 0"
6.2 Douglas Borough Council has made the following comments (16.12.2021): "Douglas Borough Council has now considered the above planning application to which we would like to make the following comments.
The Council considers that the repairs to the church wall and the application to continue the use of the 22 parking spaces are separate issues.
With regard to the request to extend the use of the carpark for a further 3 years, the Council objects to this proposal on the following grounds: Isle of Man Strategic Plan 2016 Strategic Policy 1 - Development should make the best use of resource: (a) Optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and reusing scarce indigenous building materials; (b) Ensuring efficient use of sites, taking into account the needs of access, landscaping, open space(1) and amenity standards
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The Council is of the opinion that the continued use of the site as a temporary carpark would be contrary to the above policy.
The Council also gave consideration to the feedback received from the Improving the Planning System consultation. A key element of this being that it is preferable for unused brownfield sites to be developed as opposed to becoming carparks some of which are considered to have a negative impact upon the surrounding townscape.
The Council has also given weight to the Council of Ministers' approved Action Plan to incentivise and support site redevelopment and that planning approval for temporary car parks should not be given for more than two years. This site has previously had planning approval for a temporary car park and the Council objected to the last application to have this extended.
If the Planning Committee resolves to permit this application the Council would ask that any permission granted should be conditional on improvements to upgrade the surface of the carpark with tarmac (or similar) in order to improve its visual appearance and reduce the growth of weeds/vegetation.
The Council has no objection to the repairs to the wall and, if this is possible without planning consent, would wish to see the repairs carried out as soon as possible."
7.0 ASSESSMENT 7.1 The principle issues with the application are the land use zoning & principle and whether the use of the site on a temporary basis for car parking is acceptable and the potential visual impact.
The land use zoning / use of site & principle 7.2 The proposed use, does not fit with the uses outlined within the Area Plan for the East. It is therefore not in accordance with the land use designation of the Area Plan for the East.
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 While the applicants have outlined the history of the site and why no development has not been undertaken. Further a similar application was approved in September 2019 (19/00734/C) which considered the adopted Council of Ministers policy. At that time the Planning Committee report stated: "Whilst planning approval was granted relatively recently for the temporary use of the site for car parking, this was for a single year (proposed as such) and since then, Government has published the findings of a Select Committee which supports the development of brownfield over greenfield land development and the Reform of the Planning System report where the Council of Ministers direct that there should normally be a presumption against the use of vacant sites for temporary car parks. It is important to note that the reason for the direction relates to the desire to ensure faster brownfield site redevelopment and encourage socio- economic development and the consideration that temporary car parks obstruct this objective.
The application is slightly different from other recent proposals for temporary car parks where the operators were running a business where others paid to use the parking spaces: here the car park is owned by the user. A refusal to allow the continued use of this site as a temporary
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car park could be more likely to encourage the owner to develop it than an approval as it would need to find alternative car parking facilities for its staff which are likely to come at a financial cost. However, if the applicant is considering how to develop the site - i.e. whether to implement the currently approved scheme or to develop in an alternative form, it is not likely that a refusal would be a significant element in progressing the development of this site any faster than if the current application were refused.
It is important that the proposed period of use is only one year which would not be inconsistent with the timescale of the two recent approvals for car parks on South Quay notably due to this being a period in which a significant amount of public car parking is not available through the redevelopment of the promenade (although much of this area is usually subject to two hour restrictions which would not suit those looking for all day parking). This current time is therefore a period which is not considered to be "normal" when referring to the COMIN direction. The refusal of this application is not likely to result in any change to the appearance of the site and whilst the local authority has power under the Local Government (Miscellaneous Provisions) Act 1984 to address open land which is in a condition which is detrimental to public enjoyment through its appearance, in this case, this is one of a number of sites in the immediate area which have been cleared and are devoid of structures, some of which are being used as temporary car parks. The fact that the Central Douglas Masterplan refers to a potential need for car parking in this area is also a material consideration."
7.5 It is noted since the last approval (19/00734/C) that the planning approval for the multi storey car park (17/00169/B) has now expired and there are no extant planning approvals on this site.
7.6 As outlined by the applicants soon after the permission of the last application in September 2019 Covid pandemic occurred, which has had financial implications and also changed how the office environment works. Accordingly, given comments made in the previously application (still relevant), previously approvals and especially as the site would be used by the applicants (rather than rented out to other parties) and as the last full permission on the site was for a car park; it is considered this application would meet the Council of Ministers Policy which does give some flexibility by stating "should not normally be given for brownfield sites to be used as temporary car park".
7.7 It is therefore considered that the proposal would comply with the aims of the Council of Ministers Policy. Whilst the applicants have asked for a period for three years, the Planning Committee is able to give perhaps 1 or 2 years, which may be worth of consideration to give the applicants still sufficient time to submit a new application for the site.
The potential visual impact 7.8 While the site remains as a temporary car park; the fact remains the site visually does not add to the character or street scene. However, with is dark coloured gravel finish and wooden railing fence around the boundaries, the site isn't un-kept or significant detrimental compared to some temporary park sites, which generally just re use the old concrete floor slabs of the previously demolished buildings etc. It is noted that the Local Authority have sought the site to have tarmac laid to improve the visual appearance of the site, as there are some weeds etc. growing through. This is potentially given the site hasn't been used as a car park for a few years. However, this maybe a consideration for the Planning Committee especially if granting a period of more than one year.
7.9 There are no concerns with the works relating to the repairing of the boundary wall. The finish will result in a Manx stone walls on both the application side of the wall (matching existing) and the St Georges Church side of the wall.
8.0 CONCLUSION
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8.1 Overall, it is concluded that there is sufficient justification in this case; again, to approve the use of this site as a temporary car park until 2025. By then a new scheme or could be implemented or the Department will be in a position to resist any further extension of the temporary car park use of this site. This was stated by the last approved application; however given the Covid pandemic it is considered reasonable to allow the applicants perhaps a final chance to develop the site.
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: 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 Planning Committee in accordance with the authority afforded to the it 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: MR 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
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.
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PLANNING COMMITTEE DECISION 28.03.2022
Application No. : 21/01398/C Applicant : Thyme Ltd Proposal : Continued use of 22 temporary car parking spaces Site Address : 20 St Georges Street Douglas Isle Of Man
Principal Planner : Mr Chris Balmer
Presenting Officer As above
Addendum to the Officer’s Report
The application was approved by the Planning Committee but only for a two year period rather than three years as sought.
It is also worth noting that the Committee indicated that they would be very unwilling to approval any further temporary car park applications on this site and felt two years was sufficient to progress with any new scheme.
The reason for approval is also amended accordingly.
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