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The site comprises an irregularly shaped area of land between South Quay and Douglas Head Road, the lower part of which is used by Manx Petroleum's as an oil distribution depot. Immediately east of the site are the swing-bridge control tower, which is a Registered Building, and the steps which lead up to the Head Road from South Quay. There is a fall of some 18m from the Head Road to South Quay, and the upper part of the site, above the retaining wall, is essentially scrubland with some trees - hawthorn, elder and holly for the most part.
The application proposes the redevelopment of the site with the construction of 53 residential apartments and one commercial unit. The application proposes the use of adjoining land as a garden area. Vehicular access to the site would be gained via a single access point from south key, accessing the site through the building with accommodation above. The development proposed would be arranged over five floors including the ground floor, with commercial use and car parking on the ground floor. The front elevation of the building would include both pitched and flat roofs, significant areas of glazing and a mixture of materials including stonework and red brickwork to match the adjacent Registered Building. The ground floor elevation would be punctuated with glazed windows to the commercial unit, the opening for the car park access and ventilation to the car park area. In addition, gated access points would provide pedestrian access and visibility through the site to the
entrance doors and area to the rear. Materials to be used would include powered coated aluminium window frames, render, pre-finished timber boarding, glass ballustrading with hardwood handrails and zinc panels. Roofing materials would be slate and zinc.
The following previous application is considered relevant in the consideration of the application:
PA 06/00505/B - Erection of an apartment block to provide 60 apartments with associated parking, Manx Petroleum's Depot & Adjoining Scrubland, Between South Quay & Head Road, Douglas, Isle of Man. Refused initially 8th September 2006, refused at Appeal 17th April 2007.
The following application which ius currently under consideration is also considered relevant:
PA 08/00221/B - Construction of building to provide 33 apartments with integral parking, Factory And Premises, 40 South Quay, Douglas. Application currently under consideration.
The site is zoned for Residential use on the Douglas Local Plan. The site is not within a Conservation Area, and the existing buildings are not Registered. The swing bridge control-tower dircetlt adjcant to the site is a Registered Building.
The following Strategic Plan policies are considered relevant in the determination of the application: General Policy 2 Housing Policy 5
Douglas Corporation advise of no objection in principle, and the Department of Transport Highways Division advise of no objection subject to parking provision and highway widening works. The Manx Electricity Authority advise that they may need to object unless a condition which they suggest, is met, and the Isle of Man Water Authority advise of no objection subject to the imposition of standard Notes. The Environmental Health Officer of DoLGE and Isle of Man Fire and Rescue service make comment in relation to the Housing (Flats) Regulations 1982 and Fire Precautions (Flats) Regulations 1996.
The Society for the Preservation of the Manx Countryside and Environment consider that the redevelopment of the site can be achieved in "better" manner. Mr Bill Malarkey MHK has objected on the grounds of insufficient parking provision, although commenting that the proposed development would represent an improvement over the previously submitted scheme. The Architectural Liaison Officer raises a number of points in relation to surveillance of the parking area and unsupervised access to the rear of the site.
The Estates and Housing Directorate of DoLGE indicates that a provision of 14 units will be required to meet the requirement to provide 25% of affordable housing units, and this may be provided in the form of on site provision and commuted sum.
A number of local residents have objected to the development on the grounds of design, parking, over-development, increased traffic congestion and impact on the adjacent Registered Building.
A resident of Port Soderick considers the application represents an improvement over the previous application, but expresses concern in relation to access to natural light.
The current application represents a re-design of the scheme previously submitted and refused under PA 06/00505/B. That application was refused on the grounds that:
"Generally the proposal would be overdevelopment of the site; in particular,
(1) the height and massing of the proposal would be too great and inappropriate for this prominent site beside the harbour; (2) the building would be of an inappropriate design for its setting, and would have an adverse visual effect on the vicinity; (3) the living conditions of future occupants of the proposed apartments would be unsatisfactory in that-
and
(4) the number of proposed car-parking spaces is likely to be below the number of cars which would be generated by the occupiers of the development and lost from the on-street parking."
With regard to (1) the height and massing has been reduced by, at a maximum 14m and a minimum 900mm. In addition, the design now proposed emphasises the horizontal as opposed to the vertical emphasis in the previous proposal, thereby reducing further, it is considered, the visual impact of the building.
The application now submitted has been designed in consultation with Officers of the Department, in particular the Conservation Officer, given the location of the site immediately adjacent to a Registered Building. It is considered that the design now proposed, and materials utilised within that design, draw on influences from within the harbour and the swing-bridge control tower. This is evident in the use of red brick and stone work, and the pitched roofs proposed. In addition, the development immediately adjacent to the tower has been reduced in scale and massing in order to appear as a subordinate feature. This is assisted by the introduction of significant glazed areas in this elevation.
With regard to the impact of the development on the Clover Asphalt site which is directly adjunct to the site and currently the subject of an application for its redevelopment into apartments. The elevation to this section has been stepped and would be separated by the introduction of steps leading to the garden area to the area. It is not considered that the development impacts adversely either in terms of either visual impact or future development potential.
In his report, the Inspector in relation to the previous application (PA 06/00505 refers) stated that "59...I do not consider that there would be overlooking by residents of the proposed development to existing dwellings and their residents as the view generally would be upwards. However, I have concerns about the environment of the outlook for residents from some of the rear facing apartments because of the proximity of the retaining wall and car parking decks."
The current application proposes car parking located at ground floor level with access taken solely from South Quay and as such overcomes the requirement to firstly, access the parking area from Head Road, and secondly introduce car parking decks. Now proposed to the rear is hard and soft landscaping with access from rear apartments on the first floor to patio/terrace areas and on upper floors to balcony areas, overlooking the garden and soft landscaping. At its closest point therefore, residents would be some 7m form the start of the banking to the rear, such distance increasing on subsequent upper floors. Given the extent of glazing to the rear, lower floor apartments, it is considered that this element overcomes the previous concerns raised.
Car parking, access to and the adequate provision of, was considered to be an issue at the time of the previous appeal, mainly as a result of the access to the car parking area being from Head Road. With regard to actual car parking provision, the inspector accepted that the number of spaces provided would be in accordance with the Divisions requirements; however, he stated "I judge that the number of space provided is likely to be below the number of cars which would be generated by the occupiers of this proposal and lost from the on-street parking [as a result of the new access into the site]". Access to the site has been revised and no access is now proposed from Head Road, however, car parking remains an issue with a number of local residents and the local MHK. The Department of Transport Highways Division have advised that of the 59 car parking spaces proposed, 1 space should be allocated to each apartment with 2 spaces allocated to the three bed apartments and the remainder allocated to the commercial use on site. The Strategic Plan in Appendix 7 indicates that typically, 1 space is required for one bedroom apartments; 2 spaces for two or more bedrooms however, in town centre and brownfield sites, the typical residential standard may be relaxed. The site represents a brownfield, town centre site and it is therefore considered that the requirements may be relaxed. In any case, proposed are 14 one bed apartments, 38 two bed apartments, and 1 three bed apartment. The Traffic assessment submitted with the application indicates that 54 spaces are allocated to the apartments and 5 spaces allocated to the commercial use on site, which would confirm the requirement of the Department of Transport Highways Division
There is reference within the submitted Planning Statement to the provision of 25% affordable housing, but no specific proposal and stated previously within this report, the Estates and Housing Directorate of DoLGE indicate that there is a requirement for 14 affordable housing units, although this provision may be supplied in the form of on site provision and commuted sum.
In conclusion, the application site is zoned for residential development under the Douglas Local Plan and the proposed form of development accords with the relevant requirements of the Isle of Man Strategic Plan 2007. In addition it is considered that the submitted scheme overcomes the previous reasons for refusal.
It is therefore recommended that Planning Committee delegate to officers the granting of planning permission subject to the satisfactory completion of a Section 13 Agreement and subject to conditions in the attached schedule.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the construction of a residential apartmnet building with parking commercial use at ground floor level, as detailed within drawing numbers 10, AP01; 021; 03; 04; 05; 07; 08; 09; AS01; 03; AE01; 02; 03; 04; 05; 06, Design Statement, Statement in support of application and Transport Assessment, submitted and date stamped 23rd November 2007.
C 3. The road widening works detailed in Drawing number ap07 Revd and the Transport Assessment Ref:06-156-V3 must be completed prior to the commencement of works associated with the development hereby approved, to the satisfaction of the Planning Authority following consultation with the Department of Transport Highway Division.
C 4. Prior to the commencement of any building or engineering works, there must be submitted to the Planning Authority details or samples of all external finishes to the proposed building, consistent & approved.
C 5. Prior to the occupation of any of the proposed apartments, all of the proposed parking spaces must be completed and available for use.
C 6. No roof-top clutter may be erected or installed without the prior written approval of the Planning Authority in response to a planning application therefor; no approval is implied to such installations.
C 7. No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction.
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
C 8. There must be no discharge of surface water to the main foul sewer.
C 9. All services including electricity and telephone where installed must be laid underground.
C 10. Prior to the occupation of the development hereby approved, gates shall be erected at the eastern side of the building and thereafter retained.
C 11. Prior to the commencement of the development, details of the gates proposed must be submitted for consideration and approval by the Planning Authority.
N 1. The applicant is advised to consult with the Manx Electricity Authority to determine the clearance required from the overhead high tension line or the underground cable which crosses the site.
Decision Made : ... Committee Meeting Date : ...
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