Officer Planning Report

Planning Report And Recommendations {{table:193451}} Recreation Policy 2 states "Development which would adversely affect, or result in the loss of Open Space or recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall community gain from the development, and the facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area. ### Planning History The following previous applications are considered relevant in the consideration of this application: 04/02121/B – Construction of sports facilities centre and the demolition of existing Ciapelli’s restaurant and associated landscaping – appeal 29th December 2005. ### Representations Highways Division of the Department of Transport do not oppose the application. Douglas Corporation has not commented on the application. Standard comments have been received from the Manx Electricity Authority. ### Assessment There are two key issues in the determination of this planning application. These are (a) the principle of the development in particular the proposed car park and (b) the visual impact of the proposed development within the locality. In respect of the principle of the development, the application site is zoned as public open space in the Local Plan. This application is proposing to create a new car park within the south western part of the application site, which was formerly a children’s play area. This part of the proposal would result in the loss of public open space, as the area would become a permanent car park. In an accompanying letter, the applicant states that "During the organisation for this years TT Festival, it became apparent that for health and safety reasons, segregation of pedestrians and vehicles in the park was generally inadequate [sic]. Various measures were implemented in this regard which included the permanent prohibition of vehicles entering the park from Upper Dukes Road and the parking of vehicles in the tarmac area adjacent to the café. On-site parking is therefore required for the various activities that occur in the park throughout the year such as bowling and tennis competitions. (Excluding main events such as the TT, Manx Grand Prix and Manx Rally, which are managed by the Department of Tourism and Leisure) [sic]. The location of this proposed car parking area has been selected for its ease of use with regards to the overall traffic management plan, together with its hidden aspect on the old play area which is surrounded with mature planting." The application forms states that that car park will provide much needed additional car parking facilities to accompany parking provisions associated with the new sports changing and community facilities centre; furthermore, it states that "the additional parking facilities will alleviate existing ongoing 'sporadic' parking problems incurred during sporting/social event peak times. During these peak times, demand for parking outstrips availability causing nuisance sporadic parking." It should be noted that the planning application for the new sports changing and community facilities centre proposed to create 27 parking spaces adjacent to the new building. Furthermore, there is dedicated parking area to the rear of the TT Grandstand, which is can be used outside the main events such as the TT, Manx Grand Prix and the Manx Rally. The other events highlighted by the applicant do not tend to clash with these events. It is difficult to understand why the applicant wishes to create additional car parking when there is sufficient space within the park to accommodate vehicles without the need to encroach into an area of public open space. It is considered that the proposed car park would be contrary to principle of the land use of the area as public open space. In respect of the visual amenities of the area, the proposed car park will be set behind a substantial landscaping screen; however, there will be break in the landscaping for pedestrian and vehicular access which will allow users to view into the car park. The capacity of the car park will be for 21 vehicles. When viewing from footpaths, users of the park will be able to see 21 cars which will not fit in with the overall setting of the park; furthermore, the application is proposing to grasscrete the only of the car park area. It is considered, from experience, the appearance of grasscrete deteriorates overtime and will further impact on the visual amenities of the locality. It is therefore considered that the proposed car park would appear out of place in the context of the park and will impact on the overall setting of the park to the detriment of the visual amenities of the locality. The relaying of the park's paths and the construction walls to the vehicular and pedestrian entrances to the park are relative modest alterations to the park and will not adversely affect the visual amenities of the locality. In respect of highway safety, the Department of Transport do not oppose the application. It is considered that the proposal will not be prejudicial to highway safety. ### Recommendation It is recommended that the application be refused for the above reasons. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. Whilst Manx Electricity Authority represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance. ### Recommendation Recommended Decision: Refused Date of Recommendation: 12.03.2008

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1. The proposed car park would be contrary to the Douglas Local Plan 1998 in that insufficient justification has been submitted to support the introduction of a car park into an area of Public Open Space.

R 2. The proposed car park will be a degree of permanence as a car park within an area of Public Open Space. This would impact on the overall setting of the open space and will impact on the visual amenities of the locality.

I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)

Decision Made : Refused Date: 11/3/05

Signed: [Handwritten signature] Mrs F Mullen Senior Planning Officer