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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/00549/B Applicant : Jade Tree Limited Proposal Creation of a parkland campus facility comprising of a head-quarters office building with restaurant, café, collaborative working areas and 66 associated staff accommodation units with associated landscaping Site Address Former Isle Of Man Holiday Camp Switzerland Road Douglas Isle Of Man
Case Officer :
Mr Chris Balmer Photo Taken :
20.07.2022 Site Visit :
20.07.2022 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 15.08.2022
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. Prior to the occupation of any building hereby approved the Visibility splays as shown on Drawing No: 21/432/TR/001 Rev E shall be provided and maintained at all times free from any obstruction at height not exceeding 1.05m above the level of the adjacent highway carriageway.
Reason: In the interest of highway safety
C 3. Prior to the occupation of any building hereby approved the new accesses as shown on Drawing No: 21/432/TR/001 Rev E shall be provided and retained thereafter.
Reason: In the interest of highway safety
C 4. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved drawings 2108-PL-3003, 2108-PL-3006, 2108-PL-3010, 2108-PL-3309. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
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C 5. The development hereby approved shall not be occupied or operated until the cycle parking areas have been provided in accordance with the approved drawings 2108-PL-3110 and 2108-PL-3310. Such areas shall not be used for any purpose other than the cycle parking associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient cycle provision is made for the development which has under provision of car parking.
C 6. The submitted Travel Plan hereby approved shall be implemented in accordance with the measures set out therein and within three months of occupation evidence of the implementation of measures set out in the Travel Plan shall be prepared, submitted to and agreed with the Department in writing unless alternative timescales are agreed in writing.
Reason: to mitigate the under provision of on-site parking and to ensure the sustainable travel options are undertaken as proposed.
C 7. Prior to the commencement of the development hereby approved a detailed tree removal plan (including stage of removal) must be summited and agreed with the Department showing the extent of tree removal within the groups marked on the tree impact plans (TRN-240322 & TRS-24322).
Reason: to ensure that the development is appropriately landscaped to sit comfortably and acceptably in its location.
C 8. No retained tree shall be cut down, uprooted, or otherwise destroyed during the development phase, other than in accordance with the approved plans. In the event that existing trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Reason: Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and to enhance its setting within the immediate locality.
C 9. All planting, seeding or turfing comprised in the approved details of landscaping (including tree planting) as shown within Cowley White Landscaped Design Planting Plan (Drawings no. 002-KGC-REV A and 003-KGC-REV B) dated 30th March 2022 and the Planting Schedule/Key dated 28th April 2022must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved office/residential units, 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. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the hereby approved office/residential units.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 10. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing or proposed landscape areas as shown in drawing OTP-240322 (Manx Roots
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Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
C 11. Prior to the commencement of the development hereby approved a Construction Environmental Management Plan (CEMP), to be provided to Planning for written approval prior to any works, including clearance and enabling works, taking place. The CEMP will need to contain details of the roles, responsibilities, training, procedures and monitoring on site which will ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to. The CEMP will need to incorporate the following avoidance and mitigation measures and the works must be undertaken in strict accordance with these measures: o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on birds - timescales for vegetation removal and suitable checks by an ecologist. o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on bats - pre-felling inspections of trees with potential roost features by a suitable qualified ecological consultant and responsible tree removal methodologies, use of bat sensitive construction lighting, storage plans for vehicles and equipment, action to be taken should bats be encountered during constructions works, measures to be taken should any additional trees be identified for removal, including prefelling inspections by an ecologist and additional mitigation should potential roost features be found. o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on common lizards - reasonable avoidance measures for lizards, and measures to be taken should lizards be encountered during construction works. o Details of the measures to be taken to prevent the surrounding woodland from the damaging impacts of dust, noise, sediment runoff, and bioharmful pollutants. o Details of the measures to be taken to prevent damage or disturbance to the surrounding boundary trees and woodland - construction exclusion zones and use of protective fencing which shall be maintained throughout the works and which is replaced promptly should it become damaged. o Responsible removal methodologies for the Schedule 8 invasive plants Montbretia and griselinia.
All the agreed measures shall be adhered to in full.
Reason: To ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to.
C 12. Prior to the commencement of the development hereby approved an Ecological mitigation plan, to be provided to Planning for written approval, which includes the following; o Details of bat and bird boxes to be installed around the site, including on trees and buildings. Details should include the numbers to be installed, their location and type, and timescales for their installation - boxes on the retained trees should be installed prior to any further vegetation removal. Bat boxes should include boxes suitable for both crevice and cavity roosting species and bird boxes should include both open fronted and entry hole boxes; o Further details about the construction and maintenance of the wildlife pond; o Details of stumpery/log pile habitats to be created around the edge of the site; o Details of a new bug hotel/s which are to be created on site; o Details of at least 5 habitat planters to be installed around the site; o Details of the additional measures which will be put in place should bird strikes still be an issue on the glass fronted building, even after the application of the solar control glass coating; o Specifications for the brown roof, including a species list suitable for the Isle of Man;
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All the agreed measures shall be adhered to in full prior to the occupation/operation of any building.
Reason: To ensure a net biodiversity gain and all environmental legislation and policy is adhered to.
C 13. All planting, seeding or turfing comprised in the approved details of landscaping (including tree planting) as shown within Cowley White Landscaped Design Planting Plan (Drawings no. 002-KGC-REV A and 003-KGC-REV B) dated 30th March 2022 and the Planting Schedule/Key dated 28th April 2022must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved office/residential units, 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. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the hereby approved office/residential units.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 14. Prior to commencement of any works, details shall be submitted in writing to the Department for approval which shows the surface water drainage arrangements for the raised pedestrian crossing at the junction of Victoria Road and Switzerland Road. Further details showing how any surface water runoff from the proposed entrances will be prevented from draining onto the adjacent public highway and where such water will be drained to. The approved details shall be completed prior to the occupation of the development.
Reason; In the interests of surface water runoff and highway safety.
C 15. Prior to the commencement of any works (excluding enabling working) a detailed plan showing further details of the existing and proposed culvert running through the site (as indicated in Flood Management Division email dated 11th August 2022) shall be submitted in writing for approval by the Department and this approved scheme shall be completed prior to the occupation/operation of any building on the site and retained thereafter.
Reason: In the interest of flood risk.
C 16. 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 roofs, 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 17. Prior to the commencement of any works a detailed lighting plan both internal (office building) and external lighting throughout the site to ensure protection of bats/birds and to ensure appropriate protection of the nearby identified Registered Building/Conservation Area shall be submitted in writing for approval by the Department and the approved scheme shall be fully adhered to and retained thereafter.
Reason: To ensure adequate protection of protected species and ensuring appropriate protection of the visual amenities of nearby identified Registered Building/Conservation Area.
This application has been recommended for approval for the following reason. In conclusion the application would represent a significant development within this part of Douglas on a previously development site which has been laying vacant for a considerable period of time. The proposal, especially the proposed office block, will result in a very
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prominent landmark building raised above Douglas Promenade and which will therefore given its size and scale will be very visible from a number of public viewable locations, namely Douglas Head to Douglas Promenade and to Onchan Head/King Edward Road. As outlined in this report there will be impacts upon the Conservation Area namely Douglas Promenade and Registered Building Falcon Cliff; however for the reasons outlined the impacts would not be so significant to warrant a refusal.
The proposal in terms of parking/highway safety has been considered and while there is a sizeable under provision of on-site parking in association with the development; it is considered given the residential element of the development is solely for staff accommodation connected to the main office building, the sustainable location of the site, closes to public transport links, Travel Plan proposed, significant cycle store provision on the site the proposal would not give raise to significant impacts upon on-street parking in the locality. This is also subject to relevant conditions and Section 13 Legal Agreements. Highway Services have also considered the application in relation to highway safety/traffic generation/access amongst other aspects and raised no objection.
In terms of biodiversity, climate change and energy aspects the proposal has been carefully considered ands with the proposal submitted and with appropriate conditions in place it is considered the application would meet the relevant aims and policies of the IOM Government.
Objection from the Agriculture and Lands Directorate (Forestry - DEFA) is noted and this is a negative aspect of the proposal; however, balancing the over benefits of the proposal and the tree mitigation/landscaping proposed within the site and retention of the majority of the trees in the area, namely the boundary trees; it is considered the proposal in respect of impacts upon trees is acceptable.
All other matters outlined in this report are considered acceptable.
Accordingly, for these reasons it is recommended the application is acceptable and complies with the relevant planning policies listed and therefore recommended for an approval subject to a Section 13 Legal Agreements.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
13.05.2022 o Planning Statement - Sarah Corlett Town Planning Consultancy o Design and Access Statement - Excel o 002-KGC-REV A o 003-KGC-REV B o Planting Schedule/Key - Cowley White Landscape Design o Landscape Management & Maintenance Plan/Specification - Cowley White Landscape Design o Transport Assessment & Travel Plan - Bryan G Hall o Heritage Assessment - Wardell Armstrong o Arboricultural Assessment - Manx Roots Limited o TSN-111121 (Tree Constraints) o TSS-111121 (Tree Constraints) o TRN-240322 (Tree Impact) o TRS-240322 (Tree Impact) o OTP-240322 (Outline Tree Protection) o Ecology and Biodiversity - Manx Wildlife Trust Consultancy o Energy Statement - March Consultants Limited o Ground Investigation Report - Structura Consulting
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o Flood Risk Assessment & Drainage Strategy - Structura Consulting o Design and Access Statement - Excel o 2108-PL-3000
o 2108-PL-3111
01.06.2022 Transport Assessment Appendices BGH 1 to BGH 22
01.08.2022 Stage 1 Road Safety Audit Response Report - Bryan G Hall Stage 1 Road Safety Audit - Bryan G Hall 21/432/RSA/001 - Bryan G Hall - STAGE 1 ROAD SAFETY AUDIT PROBLEM LOCATION PLAN
20.08.2022 Bat activity and winter hibernation assessment Protected Species Report (Bat Chiroptera) - Manx Wildlife Trust
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24.08.2022 21/432/SD/001 - Bryan G Hall - CHANNEL KERB INSTALLATION 21/432/TR/001 REV E - Bryan G Hall - PROPOSED IMPROVEMENTS TO SWITZERLAND ROAD
25.08.2022 2108-PL-3004 - SITE PLAN - EXIST. TOPOGRAPHY - Excel
Not included in approved plans - 13.05.2022 o 2108-PL-3007 - External Lighting Plan
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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 relating to planning considerations:
Flood Risk Management Division (DOI) Department of Enterprise Manx National Heritage Manx Utilities Public Estates and Housing Division (DOI) IOM Fire & Rescue Service
It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
The Isle of Man Enterprises plc as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
The owner/occupier of 27 Scarlett Road, Castletown as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE BECAUSE:
1.0 THE SITE
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1.1 The application site comprises part of the former Isle of Man Holiday Camp which is a corner plot located to the south-western side of Switzerland Road and south east of Victoria Road. The former Victoria Road Prison site is to the northwest of the site.
1.1.1 The site is characterised as being generally flat in nature, albeit does slope downwards from the north-western corner to the south eastern boundary. Beyond the red line of the site the land does slope more steeply to the south-western and south-eastern boundaries down to the river and the rear of the houses on Palace Terrace. Approximately half the site is made up of various hardstanding's which have been used as temporary or unlawful car parks for a number of years (previous owners) or left unused. Some section include the former tennis courts and other aspects of the former holiday camp. The land within the development site (red line) equates to approximately 1.5 hectares in size whereas the total site (blue line) is 2.4 hectares.
1.1.2 In terms of the history of the site the applicants have advised that:
"The site consisted of agricultural fields overlooking Douglas Bay on an elevated headland prior to the early 20th Century. In the early 20th Century, the site was developed as the Isle of Man Holiday Camp. Several small buildings with external hard standings occupied the site. During the First World War the camp was used as an internment camp for suspected enemy aliens. During the Second World War the site was requisitioned to provide a training school for the Royal Navy. The camp operated after the war and is understood that the camp closed in the late 1960's. Several the accommodation blocks and other buildings remained until the 1980's when they were demolished. The site has remained undeveloped."
1.1.3 Around all boundaries of the site is mature tree lines and vegetation. The applications ownership of the site goes beyond the red line shown on the submitted location plan and includes additional woodland areas to the south eastern boundary and south-western boundaries which is indicated within the blue line (location plan).
1.1.4 Access into the site is through two existing entrances onto Switzerland Road, the main entrance which has been used to access the temporary car parks which is located near the northern corner of the site and the second is still in place but been block by fencing which is to the eastern corner of the site.
2.0 THE PROPOSAL 2.1.1 The planning application seeks approval for the creation of a parkland campus facility comprising of a headquarters office building with restaurant, café, collaborative working areas and two detached building accommodating 66 associated staff accommodation units with associated landscaping throughout the site.
2.1.2 The applicants planning statement indicates;
"3.1 Proposed is the development of the site for a mix of office (Class 2.1) and living accommodation in the form of a campus which will accommodate a significant employment development and living accommodation for some of its workforce. There will be 3,305 sq m nett office development and 66 apartments together with supporting facilities including a restaurant (c 96 covers), cafe (c 50 covers), gym/mindfulness space, informal working areas and hospitality facilities. All of the living accommodation will be used by employees working on the site, which represent approximately one third of the total workforce (c330). These employees typically emanate from the Far East and will be employed on the Island under a Transfer Visa Scheme. Staff with families will typically be accommodated elsewhere in family suitable housing.
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3.2 The development incorporates two blocks between them providing 62 two bedroomed units of accommodation (two employees sharing a unit) and 4 one bedroom apartments, 152 long stay bicycle parking spaces, 22 short stay cycle spaces and 80 car parking spaces. It is considered that the temporary employment nature of the operation of the site will result in the employees being unlikely to have their own cars and whilst there will be a pool car system in operation, they will not have to leave the site for work purposes. The proposed operator of the campus has a cycle hire system in some of their offices in the Far East and a similar scheme could be introduced here.
3.3 The gym and hospitality facilities will be solely for use by employees working and living on the site although the restaurant and cafe will also be open to the general public."
2.1.3 The application proposes three detached buildings. The first and largest is "Block 3" which is part seven storeys in height part three storey which has an "L shaped" footprint. From Victoria Road the building would appears as a five storey building, due to the topography of the site the lower ground floor and basement levels are not apparent. This building is located and runs parallel with the southern eastern boundary of the site. This building accommodates; o Services (basement) o 54 parking spaces, secure cycle store, bin storage, stores and general services (lower ground level); o Main entrance, café, restaurant, gym, changing rooms, and informal working areas (upper ground floor); o Various offices spaces (open plan, private offices & conference rooms etc.) including break out areas/lounges (first & second floors) and roof terrace at second floor; o Hospitality/VIP/bar area, presentation room, karaoke room, boardroom and two penthouses (third floor); o Penthouse (with guest accommodation) apartment (fourth floor) with roof terrace around; and o PV panels (roof).
2.1.4 Block 3 would be finished mainly of glazing and has been designed "to be seen above the tree canopy and has a curved roof profile which, with the slightly curved front facade reflects the curve of the bay and adopts a horizontal orientation matching the linear woodland below it, and the overall linear character of the promenade hotels below that.". The top floor of the building which accommodates a penthouse apartment would be set back from all four elevations of the buildings and have a roof terrace running around.
2.1.5 Blocks 1 & 2 which are both detached and four storeys in height. Each building accommodates secure cycle storage, bin provision, communal areas and residential units ranging from a few studio units, but mainly two bed units. The buildings would be constructed on brick, with vertical banding at each floor and vertical panelling. A number of windows would also have Juliet balconies.
2.1.6 The two block of residential units share outside communal terraces at ground floor, including pergolas, ponds and gardens which have paths through them. New landscaping is proposed within the gardens and the site; albeit the majority of existing mature trees which bounds the site would be retained, with only some tree being lost in the centre of the site.
2.1.7 The applicants advise;
"Within the development there will be 5 no. pool cars available to employees living on site and a total of 152 long stay cycle parking spaces and 22 short stay cycle parking spaces. The proposed car parking provision includes a total of 7 accessible parking spaces and 12 electric vehicle charging spaces, with all other proposed car parking spaces to be provided with ducting to provide flexibility for future conversion to electric vehicle charging spaces, if required."
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2.1.8 As outlined there are 54 spaces within the lower ground level of Block C and a further 26 surface level car parking spaces which are located mainly either to the front of Blocks A or to the side of B.
2.1.9 In terms of the reasoning of the proposal the applicants comment;
"The design brief for the site was to create a new high quality parkland campus for King Gaming Ltd, an international gaming company, which would provide a new commercial headquarters building with offices for ca 330 staff and associated hospitality and amenity spaces as well as staff accommodation for up to 150 members of staff on the Transfer Visa Scheme.
The client's ambition is for the site to become a true campus development and a new home for King Gaming on the Isle of Man and to create an iconic new headquarters building which fosters a creative community for staff to collaborate and for the company to thrive, on the Isle of Man and in its worldwide operations.
As well as providing excellent staff facilities, the new sustainable office campus is to be open to local visitors and includes restaurant, café and collaboration spaces which can be used and visited by the general public.
The campus is designed to blend into the natural and built context that it sits in - is should not be imposing or unapproachable, but open and connected to it surrounding areas and while it profits from the beautiful panoramic views, it should also add to those and form an iconic addition to the Douglas Bay skyline."
3.0 PLANNING HISTORY 3.1.1 There have been a number of previous planning applications associated with the site; however, only the following is considered relevant in the determination of this application:
3.1.2 Erection of four small office units with associated car parking, drainage, hard and soft landscaping works (resubmission of PA 11/00178/B) - 15/00723/B - APPROVED - Isle Of Man Enterprises Plc.
3.1.3 Erection of four office units with associated car parking, drainage and hard and soft landscaping works - 11/00178/B - APPROVED - Shoprite Group Plc.
3.1.4 Erection of office building with two apartments, car parking and new access road - 98/01282/B - APPROVED - Shoprite Plc
3.1.5 Approval in principle to business science park and hotel and associated car parking - 88/00946/A - APPROVED - Project Management Ltd
3.1.6 Master plan of business technology park - 89/01503/B - APPROVED - Shoprite Group Ltd.
4.0 KEY DOCUMENTS 4.1 Material Considerations 4.1.1 Section 10(4) of the Town and Country Planning Act states:
"In dealing with an application for planning approval... the Department shall have regard to - (a) The provisions of the development plan, so far as material to the application, (b) Any relevant statement of planning policy under section 3; (c) Such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and
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(d) All other material considerations."
4.1.2 In light of (a) above, it is considered that two key documents are: o The Area Plan for the East (2020); and o The Isle of Man Strategic Plan (2016).
4.1.3 These documents are considered in more detail in 4.2 and 4.3 below.
4.1.4 The following documents are also considered to be relevant:
o Our Island Plan 2022 - "Our economic success is of course dependent on many factors, and recent experiences with COVID have served to highlight both the strengths and weaknesses in our economic performance. It was right to embark on the significant project that is now underway to put together the complete picture of our economic make up and identify the policy levers we might choose to use for future success. As that picture develops, we outline our determination to build a diverse economy with strong foundations that provides opportunity and progress for people."
o Manual for Manx Roads - "The Manual for Manx Roads (MfMR) is published by the Isle of Man Government's Department of Infrastructure.
Our aims are: o to ensure the highway network enhances accessibility to goods and services and encourage a diversity of transport modes o to ensure the highway network provides for safe interactions between transport modes o to maintain a safe, inclusive and serviceable highway network"
o Planning Policy Statement 1/01 - Conservation Of The Historic Environment Of The Isle Of Man- POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
o The principles of the Residential Design Guidance 2021 which sets out a number of general development standards which are a material consideration.
4.1.5 All the documents are available on the government website.
4.2 The Area Plan for the East (adopted 2020) 4.2.1 The site is within an area designated as "Mixed Use" by the Area Plan for the East. The Site is not within an area of High Landscape Value and Scenic Significance.
4.2.2 The application site is not within a Conservation Area nor within an area designated as Natural Conservation Zones, Nature Reserves & Sites of Ecological Importance for Conservation. However, the site immediate adjoins two Conservation Areas, Douglas Promenade to the east and Little Switzerland to the north of the site. Falcon Cliff which is to the south of the site is a Registered Building.
4.2.3 The Area Plan for the East Written Statement states;
"Development in areas of 'mixed use'
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There are a number of areas of 'mixed use' outside of Douglas town centre. Some are identified by a site number on the Maps and others are not, for instance Village Walk in Onchan does not have a site number.
Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed use."
4.3 Isle of Man Strategic Plan (adopted 2016) 4.3.1 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application.
4.3.2 The Strategic Plan takes its lead from the Government aims which include the pursuit of manageable and sustainable growth based on a diversified economy which is intended to raise the standard of living of the people of the Island and to provide the resources to sustain and develop public services. It also includes the protection and improvement of the quality of the environment such that it continues to be an asset for future generations.
4.3.3 The Strategic Aim is: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."
4.3.4 The Strategic Aim is noted but not considered directly further, as the relevant aspects are unpacked by the relevant detailed policies which are identified below.
4.3.5 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
4.3.6 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
4.3.7 Strategic Policy 3 states: "Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to the use of local materials and character."
4.3.8 Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
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(c) not cause or lead to unacceptable environmental pollution or disturbance."
4.3.9 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
4.3.10 Strategic Policy 6 states: "Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans."
4.3.11 Strategic Policy 9 states: "All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8."
4.3.12 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
(d) encourage pedestrian movement"
4.3.13 Spatial Policy 1 states: "The Douglas urban area will remain the main employment and services centre for the Island."
4.3.14 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."
4.3.15 General Policy 4 states: "Where appropriate the Department will enter into Agreements under section 13 of the 1999 Town and Country Planning Act which may: (a) restrict the use of land; (b) require land to be used in a particular way;
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(c) restrict the operations which may be carried out in, on, under or over land; (d) require operations or activities to be carried out in, on, under or over land or; (e) require payments to be made to the Department either in a single sum or periodically, in particular as commuted sums for open space or parking provision, or other social or cultural provision, including public art, which is necessary and directly associated with the development proposed."
4.3.16 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi- natural woodlands, which have public amenity or conservation value."
4.3.17 Environment Policy 4 states: "Development will not be permitted which would adversely affect: (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
4.3.18 Environment Policy 5: In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to: (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated.
4.3.19 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."
4.3.20 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
4.3.21 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."
4.3.22 Housing Policy 1 states: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026."
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4.3.23 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
4.3.24 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."
4.3.25 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
4.3.26 Business Policy 7 states: "New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance."
4.3.27 Business Policy 8 states: "New office buildings should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan."
4.3.28 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan."
4.3.29 Recreation Policy 4 states: "Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport."
4.3.30 Transport Policy 1 states, "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes".
4.3.31 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."
4.3.32 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."
4.3.33 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7."
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4.3.34 Community Policy 11: The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire.
4.3.35 Energy Policy 5 states: "The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment."
4.4.1 Area Plan for the East 2020;
4.4.2 Urban Environment Proposal 3 states; "Development proposals must make a positive contribution to local character and distinctiveness. Traditional or contemporary approaches may be appropriate, depending upon the nature of the proposal and the context of the surrounding area."
4.4.3 Transport Proposal 1 states; "Development proposals must take into account the Active Travel Strategy and any specific actions set out in the Active Travel Action Plan."
4.4.4 "9.11 Development in areas of 'mixed use' 9.11.1 There are a number of areas of 'mixed use' outside of Douglas town centre. Some are identified by a site number on the Maps and others are not, for instance Village Walk in Onchan does not have a site number.
9.11.2 Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed use."
4.5 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man
4.6 Town and County Planning Act 1999 - Section 16 of the Town and County Planning Act 1999 advises that in considering whether to grant planning approval for development which affects a registered building or its setting, the relevant Department shall special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest it possesses (Section 16 (3)).
4.6.1 Section 18 of the Town and County Planning Act 1999 advises that in relation to conservation areas, special attention shall be paid to the desirability of preserving or enhancing its character or appearance (Section 18 (4)).
4.7 Net Zero Emissions by 2050 4.7.1 In July 2020, the Isle of Man Government published their Action Plan for Achieving Net Zero Emissions by 2050 - Phase 1 Progress Report & Delivery Strategy Post COVID-19 Pandemic (Version 2). The document provides an update on the progress of the Isle of Man Government Phase 1 Climate Action Plan, which was supported unanimously in January 2020, taking into account the positive impact that the lockdown as a result of the COVID-19 pandemic has had on sustainable travel habits, predominantly related to an increase in the number of people working from home. The document sets out a number of transport related actions for delivery to progress towards Net Zero by 2050, including the provision of cycle racks in public buildings, electric public service vehicles, hybrid buses, mobile working, promoting the use of public transport and active travel and developing an all-Island electric vehicle charging network.
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The implementation of this TP will assist the Island with progressing towards the Isle of Man Government's Net Zero emissions targets.
4.8 IoM Government's Active Travel Strategy (2018 - 2021) 4.8.1 The Isle of Man Government's Active Travel Strategy was published in May 2018 and sets out the strategy to increase the number of people using more active modes of travel on a regular basis, i.e. walking and cycling. The aim of the strategy is to put in place a series of mechanisms which will help facilitate more active travel, achieving a modal shift away from motorised transport.
4.9 Climate Change Bill 2020 4.9.1 Climate Change Bill has received Royal assent, albeit it is not yet in force and therefore has little planning weight; although it does give a clear direction of travel. If this had been in force the application would need to undertake the following; "(a) demonstrate that the application has been made having regard to the following climate change policies - (i) the maximisation of carbon sequestration; (ii) the minimising of greenhouse gas emissions; (iii) the maintenance and restoration of ecosystems; (iv) biodiversity net gain; (v) the need for sustainable drainage systems; and (vi) the provision of active travel infrastructure; or (b) explain why consideration of one or more of those polices is not practicable in relation to the proposed development."
4.9.2 As mentioned, as it is not yet in force the application is not required to. However, while the application is perhaps silent on the "carbon sequestration" the submission does appear to cover the other points raised by the Bill. Further, the recently approved Residential Design Guide 2021 does include "Sustainable Construction" section which does include a number of aspects including, construction materials, building design and climate change resilience. While this design guide relates to residential development, it is considered it is still useful to consider and show the direction of travel of the Department/IOM Government. It also included the following; "2.5.4 As well as complying with relevant Legislation (Wildlife Act 1990) proposals should aim to: o protect and enhance the existing biodiversity on site through the retention and protection of existing wildlife features (as a priority); o compensating against their loss where retention is not possible (as a last resort); and o by providing enhancement measures.
2.5.5 The outcome should be to achieve an overall net gain in biodiversity. Consideration should be given to the following points. o Retention and protection of important habitats for wildlife such as mature trees, hedges, sod banks, ponds & semi-natural habitats. o Protection of features from the impacts of artificial lighting. o Retention and protection of bat roosts or bird nest sites within buildings (e.g. designing roof space to retain bat roosts or swift nest sites). o Where reasonable and proportionate, providing alternative wildlife features as compensation, should retention of existing features not be possible (e.g. creation of a new sod bank or the erection of integrated bat and bird bricks). o Providing additional opportunities for wildlife on site via the creation of natural or artificial features (e.g. creation of ponds, provision of bat or bird boxes, choosing landscaping plants that are good for insects)."
4.10 Isle of Man Worker Intra-Company Transfer (ICT) Migrant visa
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4.10.1 "This route enables multinational employers to transfer their existing employees from outside the EEA to their Isle of Man branch for training purposes or to fill a specific vacancy. Applicants under the Isle of Man Worker ICT route (Worker ICT Migrants) are not required to meet the English language requirements and are exempt from the Resident Labour Market Test (RLMT). Indefinite Leave to Remain (ILR) is not applicable under this route. An applicant under this route MUST have been issued with a valid Confirmation of Employment (CoE) from the Isle of Man branch of their employer before making an application for entry clearance."
4.10.2 This Visa system which is adopted Government Policy allows a person to stay a maximum 3 years and 14 days.
5.0 REPRESENTATIONS 5.1 Government Departments 5.1.1 DOI Highways Services made the following comments which are in full; 29.06.2022 "Preamble: The proposal is for 3,305sqm of office use and 66 mainly two-bedroomed residential apartments. Four are to be one bedroomed units. It is proposed as a campus style development where the residential apartments are to be formed on two accommodation blocks of 33 units solely for the use of one third of the employees of the proposed office who are likely to be from East Asia and are expected to live and work at the site on a temporary basis or reside within Douglas. To date, in the Applicant's experience, these employees neither have a car nor a valid driving licence and those already based in Douglas use public transport and / or walk. The office block is to include a gym and hospitality facilities which will be solely for the use of office employees and residents of the site and the penthouse areas will be for use by the office owner and their visitors. Additionally, there is to be a c96 covers restaurant and c50 covers café which will be open to the general public.
The review of the proposal is taken on its merit with reference to the 2021 Manual for Manx Roads and other current guidance.
Accessibility: The site is accessible to non-car forms of travel and well placed for reaching local services and facilities, including bus services on The Promenade and Victoria Road despite being outside of the town centre boundary. The proposal includes: o Streets within the site boundary being designed as shared surfaces with raised tables at the entrance points to indicate the transition in priority towards pedestrians and cyclists. o Two pedestrian only accesses directly from the footway on Victoria Road that will lead into a private shared surface carriageway within the development to enable residents, staff and visitors to short cut and cross through the site, diagonally or alongside Switzerland Road on a gentle gradient and of a width to accommodate by pedestrians, wheelchair users, mobility vehicles and cyclists. o Other new footpaths and cycle connections. o Provision of bike parking with storage spaces and changing facilities in the office building. The cycle storage areas are large enough to allow for the storage of mobility scooters, if required. o Limited car parking for residents and workplace due to the live work campus arrangement and the majority of employees having no requirement for car ownership and able to take advantage of short routes to work, local shops, the centre of Douglas pedestrian and bus routes. o Accessible parking bays close to the access points to the buildings. o Electric vehicle charging points. o Improvements to the upper end of Switzerland Road to make it less vehicle dominate. o New dropped kerbs and tactile paving will also be incorporated at the existing crossing on Victoria Road. o Good lighting will be provided to all access and circulation routes.
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Additionally to encourage active travel and reduce the reliance on car use via travel planning, such as monitoring of car use against targets and arrangements for cycle hire, pooled car use.
These are all welcomed. A potential upgrade to the pedestrian dropped crossing at Shoprite remains under discussion to further enhance accessibility on a potential increase in footfall to and from the site and could come forward through actions under the proposed Travel Plan.
Vehicular Access: Additional Drawing No: 21/432/TR/001 Rev E illustrates the proposed vehicular accesses which are to be taken from three priority controlled private accesses onto Switzerland Road, to the south-east of the junction with Victoria Road. The layouts are all acceptable subject to the formal submission of a Stage 1 Road Safety Audit and Designer's Response in interests of transparency. Rev E showing the Proposed Improvements on Switzerland Road and incorporates proposed alterations which are acceptable for the most part subject to detailed design, such as for road gullies, tactile paving and extent of road resurfacing required.
The north-western most access would utilise the existing access position, the central access would be formed opposite that to Summerhill Park business park and the south-eastern most access just before the bend and bollards on Switzerland Road. The accesses are 6m wide with 3m radius kerbs, apart from the north western kerb at the central access which will be 6m wide, to facilitate the passing of two cars. These two access junctions will incorporate transition type ramps to remind drivers that they are in an environment shared between pedestrians and cyclists. Additionally, at these points, Switzerland Road would be demarked to further signal shared space to drivers with the form and extent of resurfacing subject to detailed design after grant of any planning consent due to the current poor condition of the carriageway. The south-eastern most proposed site access junction will provide direct access to the office basement car park ramp as well as a substation. It is to have a minimum 5m width approach at the car park. A 3m radius kerb will be provided on the south-eastern side of the junction and a 4m radius kerb will be provided on the northwestern side, to facilitate two cars passing. A raised pedestrian priority crossover will be provided at the basement car park access to give priority to pedestrian movements across the junction, which will link to a footway that is to be provided between this point and the shared surface arrangement within the site, to the north- eastern side of the office building.
Visibility splays of 2.4 x 43m will continue to be achievable from the Switzerland Road onto Victoria Road appropriate for the 30mph speed limit on Victoria Road. The site access junctions are to have visibility splays of 2.4 x 25m appropriate for vehicle speeds of 20mph. In some instances, it would be necessary to remove low level bushes, cut back of vegetation and lower walls. Vegetation control would need to continue into the future to prevent obstruction, requiring a planning condition to control.
Improvements to highways areas are proposed, including a raised pedestrian crossing at the Switzerland Road / Victoria Road junction. Currently, the crossing area is in poor condition and low kerbs are only provided on one side. This would make crossing easier for pedestrians, and indicates to vehicle users that they are entering a road where space is shared. A lowering of speeds would be beneficial to vulnerable users too. Alterations to markings would arise to ensure that drivers should give way to pedestrians crossing. Currently, tactile paving is provided on the north-eastern side of the Switzerland Road arm of the junction only. The proposed improvements include additional tactile paving on the opposing side of the junction and this would need to incorporate the existing utilities covers in the footway by recessing. This will be considered as part of detailed design.
Swept path analysis has been undertaken which shows that a waste collection vehicle can turn around in the vicinity of the proposed site access at the south-eastern end of Switzerland Road, just before the bollards. Such a vehicle would be able to access and egress the Switzerland
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Road / Victoria Road junction in a forward gear with the proposed improvements in place. Refer Drawing No: 21/432/TR/004 Rev A at Appendix BGH9 of the TA.
It is the intention that an existing tunnel which crosses underneath Switzerland Road in the vicinity of the northwestern most proposed site access will be closed. Additionally, the bollards to the south-east of the proposed basement car park access will remain with the development proposals in place.
The alterations to the highway are considered essential to the scheme and will require a separate approval from Highway Services after grant of any planning consent under a s109(A) Highway Agreement. The existing road drainage must either be retained or an effective alternative scheme provided at the Applicant's expense on a satisfactory arrangement being drawn up and agreed with the Highway Services' Drainage team. Temporary traffic management and road closures are foreseen during construction. Internal The north-western and central access junctions are to provide access to a 5.5m shared surface street with a target traffic speed of 15mph to provide an environment that is conducive for walking and cycling. This would serve the parking area associated with the proposed residential use. Additionally, these two accesses are to serve a drop off area for the commercial building, which are to be used as a servicing and delivery bay for the ancillary restaurant and café uses within.
Pedestrians would be able to access the site from Victoria Road where there are to be 2m wide paths linking to the internal shared surface street as well as along Switzerland Road to the south eastern extents of the site. A 2m wide pedestrian link is to be provided from the internal shared surface to the northern side of the proposed office building, for a distance of around 30m. Pedestrians would then be able cross the access to the basement car park via a pedestrian priority crossover, before entering the shared surface environment on Switzerland Road in the vicinity of the bollards.
The street layout can cater suitably for a range of vehicles expected to use the site and for these to enter and leave the site in a forward gear as illustrated by the swept path analysis contained within Appendices BGH 8-11 of the TA. Drawing No: 21/432/TR/005 Rev C shows the waste collection vehicle operated by Douglas Borough Council and shows that a waste vehicle can access the site via the north-western most site access junction, travel through the site and exit via the central site access junction. Drawing No: 21/432/TR/008 Rev B a 7.5t service vehicle which demonstrates that the proposed servicing lay-by and associated turn around facility are suitable to accommodate such vehicles. Drawing No: 21/432/TR/002 Rev B large cars where it would be possible for two large cars to pass each other at all three site access junctions, based on one car turning right in and another turning left out, given that all vehicle movements to and from the site will be via Victoria Road to the northwest.
All standard car parking spaces at the proposed development are to be a minimum of 4.8 x 2.4m which is less than the MfMR recommendation of 5 x 2.6m to accommodate easier and faster parking for larger passenger vehicles. Most of the office basement car parking spaces will be this minimum size, which is restricted due to the makeup of the structural grid. This is considered and agreed to be appropriate, given the low turnover nature of an office car park. A few spaces are to be 5m long. Where possible, these will be assigned as evcp's which will be 2.6 wide where feasible. The accessible parking spaces will be 4.8 x 2.4m with a 1.2m wide area provided to each side and at the vehicle access end of each space.
It is understood that waste storage facilities are to meet DBC requirements. The Applicant / Developer will be required to install surface water drainage where necessary to ensure its containment within the site. This too may be subject to separate commentary by Flood Risk Management and DOI Highway Drainage.
Parking Amounts:
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Car Parking: The proposal includes a total of 80 car parking spaces. Of which 26 spaces are at surface level and 54 spaces are on the lower ground floor of the commercial building with 23 of these provided in advance of a barrier for greater use by the public. There would be a total of seven accessible parking spaces. Four at surface level and three within the basement and 12 electric vehicle charging spaces, with all other proposed car parking spaces to be provided with ducting to provide flexibility for future conversion to electric vehicle charging spaces, if required.
The accommodation blocks are to be allocated 15 of the surface car parking spaces. This will accommodate mainly parking for visitors, two accessible and two electrical vehicle charging spaces, parking for a proposed pool car scheme of five cars to provide residents who hold an appropriate driving licence to have access to a car if required for any reason. Given the site specific operation where most will live and work on -site or nearby, the proposed level of car parking provision is considered appropriate. Furthermore, the submission indicates that should car parking for the accommodation buildings be required in the future, the current playing field area could be reconfigured to accommodate the required car parking spaces and can accommodate the required number of one space per flat. This would need to be subject to a separate planning application and assumes car parking provision standards remain at IOM Strategic Plan levels.
For the commercial building a total of 65 spaces are allocated. In the interest of creating a sustainable campus style development within an well connected location, the proposed car parking provision has been determined from user requirements using the IOM Strategic car parking standards for a town centre at 1 space per 50sqm net office floor area as a basis, rather than the out of town centre standards of 1 per 15sqm. The site is outside of the town centre boundary, but is not out of the built-up area. The car parking amounts are reduced to account for a third of employees living on the site, then reviewed based on a car parking accumulation calculation and adding a 10% contingency plus an allowance for visitors. This first reduced the number to 44 from the standard requirement of 66 car parking spaces and then revised to reflect the maximum necessary to give 49 car parking spaces and added five for other eventualities to give a total of 54. Another 11 visitor car parking spaces are provided in the landscaped area in close proximity to the main entrance of the commercial building. This is considered a reasonable approach, in keeping with curtailment of car parking within Douglas to reduce commuting by car and the sustainable credentials of the site. It is unlikely to result in overspill onto the highway.
For the restaurant and café, the IOM Strategic Plan does not include specific car parking standards. For these elements of the proposed scheme, a car parking accumulation exercise was carried out based on restaurant uses for a weekday and a Saturday from the transportation sector trip database, TRICS. Refer Appendix BGH14 and 15 of the TA. This exercise shows a maximum predicted parking accumulation of 18 cars during a weekday evening and 25 cars on a Saturday. This calculation assumes that all customers / visitors are drawn from outside the proposed development. In practice, a significant number of customers are likely to be drawn from the Campus development, the adjacent Summerhill Business Park and nearby are likely to walk. It is proposed that the restaurant and café will share 34 spaces of the proposed office parking provision, including the 11 at grade visitor car parking spaces and 23 of the basement parking spaces. Those in the basement are to be separated from the remaining office basement car parking provision by a barrier. The amount exceeds the maximum predicted accumulation of 25 cars. The proposed shared parking arrangement with part of the office basement parking provision is considered adequate. It is unlikely that the peak usage of the office and restaurant/café would coincide.
Accessible spaces: At seven spaces, the proposed number of accessible spaces exceeds the Manual for Manx Roads allocation of 5% of all parking spaces should be designated for the exclusive use for those with mobility impairments, equivalent to five accessible parking spaces.
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Two of the proposed would be for the residential element, another two for the restaurant/café and three for the offices within the basement.
EVCP's: The proposed 12 EVCP's exceed the current working proportion of 10% of spaces with all other spaces are to meet the ideal for ducting for future conversion to full charging spaces. For a total of 80 parking spaces across the site 10% equates to eight electric vehicle charging spaces.
Cycle Parking: There is to be a total of 152 long stay cycle parking spaces and 22 short stay cycle parking spaces.
Each apartment will be provided with a minimum of one cycle parking space per bedroom and would accord with the Manual for Manx Roads for a total of 128 bedrooms proposed with 64 per block in the form of cycle storage rooms using semi vertical bike racks. A total of 12 short stay cycle parking spaces will be provided for use by visitors, in the form of an area of three Sheffield type stands per residential block allowing two cycles to be parked per stand. This is considered to be acceptable. Additionally, for the accommodation buildings, a cycle hire scheme could be introduced on this site to allow staff easy access to bikes and encourage active travel. If this is introduced, cycle storage spaces could adjusted to have slightly larger bike storage spaces on conventional storage racks for heavier rental bikes and some gas assisted vertical racks. Electric bike charging points are to be available within these rooms too.
For the commercial uses, it is proposed to provide 10 short stay cycle parking spaces for the office at ground level, in the form of five Sheffield type stands outside the health and vitality area in close proximity to the main building entrance. There will also be 24 long stay cycle parking spaces located within the basement car park area accessed via the car park ramp which is to have a shallow gradient. Lockers are to be provided too within this space. Changing facilities with showers are available for staff in the gym area on the ground floor. The proposed cycle parking provision for the office is in excess of the recommendations of Manual for Manx Roads and is acceptable.
Transport Assessment: The TA document follows standard methodology and covers the policy and site history. It details the road and transport network in the vicinity of the site, accessibility by non-car modes, collision analysis traffic capacity impact.
Traffic Impact: The results of a November 2021 weekday morning and evening peak hour survey of the Switzerland Road / Victoria Road / Victoria Avenue show that the junction is presently operating well within its traffic carrying and environmental capacity and in a safe manner. There are few turning movements to and from Switzerland Road and dominant straight ahead movements on Victoria Road, left turns from Victoria Avenue to Victoria Road and right turns form Victoria Road to Victoria Avenue.
For the forecast year of 2027, the vehicular trips generated by the proposed development are predicted as 39 trips in the morning peak hour and 44 two-way trips in the evening peak hour. It is agreed that this increase is unlikely to have a significant adverse impact on the operation of the Switzerland Road / Victoria Road / Victoria Avenue junction to impede safety and / or inconvenience road users.
Travel Plan: The TP has been developed for the proposed development with the primary aim of reducing the number of single occupancy vehicle trips to and from the site and to promote sustainable methods of transport to residents and employees. It follows standard practice for this type of documentation. It aims to: o Increase awareness among residents who will work at the site and other employees of the advantages of and potential for travel by environmentally friendly modes, including the health benefits of walking and cycling.
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o Reduce the number of single occupancy car trips. o Encourage residents and employees to adopt sustainable modes of travel for journeys to and from the site.
Specific targets are intended to be set once a travel surveys is undertaken upon full occupation to meet nine actions which are mainly incorporated in to the proposed layout, including dedicated pedestrian access, pool cars, cycle parking and EVCP's. A travel plan co-ordinator will be appointed, and welcome travel pack provided prior to first occupation. It is standard practice to aim for a minimum 10% reduction in the proportion of staff travelling to work through single occupancy vehicle journeys over a 5-year period, with a subsequent increase in the use of sustainable modes. When annual surveys are undertaken, progress towards modal shift targets will be measured and an increase in using sustainable modes of travel will be reviewed and compared to the baseline modal split data. Feedback from residents and employees can also be captured by their awareness, understanding and engagement. It would be prudent to include an upgrade of the dropped crossing on Victoria Rad outside Shoprite as an action to improve accessibility and connectivity to and from the site on a potential increase in numbers crossing the road.
Road Safety: A review of Personal Injury Collision data in the five years to December 2020 did not identify any significant highway safety issues in relation to the operation Switzerland Road and the surrounding local highway network, in the vicinity of the application site. This remains that case with no new incidents recorded by end May 2022.
RSA S1 and designer's response seen by Highways prior to its formal submission have addressed the problem areas and incorporated into Rev E and for detailed design to reduce the risk of any residual road safety concerns.
As proposed the layout does not raise significant road safety or network functionality issues, with benefits from a proposed campus style development limiting car use and need for car parking and giving more space over to pedestrians and cyclists, including new paths links and shared space plus redefinition of the highway space. Opportunity exists to upgrade the dropped crossing of Victoria Road outside Shoprite. Accordingly, no opposition is raised subject to conditions for: a) Site layout Surface Level to accord with Drawing No's : 2108-PL-3003, 2108-PL-3006 and 2108-PL-3010 b) Lower Ground floor Block C parking Drawing No: 2108-PL-3309 c) Upper Ground Floor Cycle Parking Block A and B: Drawing No: 2108-PL-3110 d) Upper Ground Floor Drop off and Pick up layby; Cycle Parking Block C Drawing No: 2108-PL- 3310 e) Site Accesses and Switzerland Road Highway Works to accord with Drawing No: 21/432/TR/001 Rev E. f) Visibility splays to be provided as depicted on Drawing No: 21/432/TR/001 Rev E. Thereafter, the splays shall be maintained at all times free from any obstruction at height not exceeding 1.05m above the level of the adjacent highway carriageway. g) Travel Plan to be implemented in accordance with the measures set out therein. Within three months of occupation evidence of the implementation of measures set out in the Travel Plan shall be prepared, submitted to and agreed in writing unless alternative timescales are agreed in writing.
The Applicant is advised of the need for s109(A) Highway Agreement, temporary traffic management and road closures after grant of any planning consent.
Recommendation: DNOC"
5.1.2 Highway Services final comments are (07.07.2022);
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"Highways DC notes the additions posted on 1 July 2022 relating to the Road Safety Audit and Designer's response. HDC confirms that it accords with previous correspondence between the Consultants and Highway Services and the works to Switzerland Road adjusted and, where applicable, incorporated into Drawing No: 21/432/TR/001 Rev E. The HDC response dated 29 June 2022 remains substantively appropriate with a recommendation of no opposition subject to the conditions indicated. A s109(A) Highway Agreement is necessary after grant of any planning consent plus other highway licences and temporary traffic management, including road closures may be necessary on construction."
5.2.1 Ecosystem Policy Officer (DEFA) comments (27.08.2022); "The Ecosystem Policy Team can confirm that we are happy with the Manx Wildlife Trust's Preliminary Ecological Appraisal Report (PEAR) dated July 2021, and their Bat Activity and Winter Hibernation assessment Protected Species Report dated July 2022, and that a suitable level of ecological assessment has been undertaken.
The bat activity survey found that the site was being used by a number of bat species for foraging and commuting, and a key part of the necessary mitigation for bats is the reduction of artificial light spill emanating from in and around the new buildings. Though an External Lighting Plan has been submitted with this application, we are not satisfied at the moment that this plan is line with the required mitigation detailed in the MWTs bat activity survey report and with the recommendations made in recommend The BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018) and we believe that further details are required. We therefore request that a condition is secured for an updated lighting design plan to be submitted to Planning for written approval prior to the installation of any permanent lighting fixtures, which demonstrates how the lighting of the external and internal areas of the site will be undertake in line with the MWTs recommendations and BCT best practise - details should include lighting temperatures, lighting avoidance areas, use of Passive Infrared Sensors, use of cowls and shields etc. (this does not include construction lighting which is covered below).
We have concerns about the almost entirely transparent glass frontage of the main building (Block C) and the potential for bird strikes which could result in bird injury or death, and believe that measures need to be put in place to try and prevent this from occurring. Having communicated with the agents in regards to this issue, they researched preventative measures and found that in order to reduce the dangers to birds from reflectivity, glass with an external coefficient reflectivity of 15% or less should be installed. The clients have also indicated that they are happy to install a neutral solar control coating on the glass which will reduce the external coefficient of reflectivity to 15%, as it would also reduce the solar gain within the building. However, a suitable product has not yet been selected. We therefore request that a condition is secured for details to be provided to Planning for written approval about the solar control glass coating to be used on Block C. These details should be provided and agreed prior to glass insulation and the coating should be applied to the glass either before installation in the building or as soon as possible after installation.
In addition to the above, in order to ensure there is no net loss for biodiversity from this development, in line with the Isle of Man Strategic Plan and the Biodiversity Strategy 2015, the Ecosystem Policy Team request that conditions on approval are secured for the following: o A Construction Environmental Management Plan (CEMP) to be provided to Planning for written approval prior to development commencing, including further enabling works and site clearance. The CEMP should contains details about the roles, responsibilities and procedures to be put in place on site to ensure the environment is protected and all environmental legislation and policy is adhered to during construction. The CEMP will need to incorporate the following avoidance and mitigation measures: o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on birds - timescales for vegetation removal and suitable checks by an ecologist.
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o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on bats - pre-felling inspections of trees with potential roost features by a suitable qualified ecological consultant and responsible tree removal methodologies, use of bat sensitive construction lighting, storage plans for vehicles and equipment, action to be taken should bats be encountered during constructions works, measures to be taken should any additional trees be identified for removal, including prefelling inspections by an ecologist and additional mitigation should potential roost features be found. o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on common lizards - reasonable avoidance measures for lizards, and measures to be taken should lizards be encountered during construction works. o Details of the measures to be taken to prevent the surrounding woodland from the damaging impacts of dust, noise, sediment runoff, and bioharmful pollutants. o Details of the measures to be taken to prevent damage or disturbance to the surrounding boundary trees and woodland - construction exclusion zones and use of protective fencing which shall be maintained throughout the works and which is replaced promptly should it become damaged. o Responsible removal methodologies for the Schedule 8 invasive plants Montbretia and griselinia. o A Ecological mitigation plan to be provided for written approval prior to development commencing, which includes the following: o Details of bat and bird boxes to be installed around the site, including on trees and buildings. Details should include the numbers to be installed, their location and type, and timescales for their installation - boxes on the retained trees should be installed prior to any further vegetation removal. Bat boxes should include boxes suitable for both crevice and cavity roosting species and bird boxes should include both open fronted and entry hole boxes; o Further details about the construction and maintenance of the wildlife pond; o Details of stumpery/log pile habitats to be created around the edge of the site; o Details of a new bug hotel/s which are to be created on site; o Details of at least 5 habitat planters to be installed around the site; o Details of the additional measures which will be put in place should bird strikes still be an issue on the glass fronted building, even after the application of the solar control glass coating; o Specifications for the brown roof, including a species list suitable for the Isle of Man; o Plans for the creation and ongoing management of the grassland, naturalistic and marginal planting areas as show in the Landscape Information (Appendix A.10) - specifically, we would like it to be confirmed that there will be no use of herbicides on these areas, as has been proposed in the Landscape Management & Maintenance Plan dated 28/4/33, and see a management regime for the grassland area to ensure it is not over-managed and treated like a lawn. Please note that Snowdrops (Galanthus nivalis), which are included on the planting list for supplementary planting to the woodland areas, are a CITES listed plant and therefore should the developers wish to import these plants to the Isle of Man, they must apply for an Endangered Species Import Licence from DEFA and obtain an export permit from the UK. Please get in contact with [email protected] for more information about this. o The tree planting and landscaping must be undertaken as per Cowley White Landscaped Design Planting Plan (Drawing no. 003-KGC-REV B) dated 30th March 2022 and the Planting Schedule/Key dated 28th April 2022, any changes to the proposed planting plan must be submitted to Planning for written approval prior to the planting taking place. o Only the trees marked as 'Trees Proposed to be removed' in the Site Overview Drawing Site Plan - Tree Removal 2108-PL-3002, shall be removed. All of the other trees and hedge banks must be retained and protected from damage and disturbance throughout the works. Should any changes to the tree removal plans be required then a pre-felling risk assessment for bats must be undertaken and additional mitigation put in place should bats or features suitable for roosting bats be found. Any additional tree removal must also be suitable compensated for by replacement native planting."
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5.2.2 Further to discussions between the applicants and the Ecosystem Policy Officer (26.07.2022); "I think most of the below all sounds good, but I think a few changes are required as follows: I would ideally like to see an integrated bat box on one of the buildings, as this provides pretty much permanent mitigation, whereas boxes will need to be replaced, but note that the proposed lighting around the exterior of the probably won't allow for that. Can you remember the conversation we had on site about creating features for bats within trees (veteranisation)? Do you think this could be incorporated as well because these features will be there for as long as the tree is. I also note that there is some tree removal to be done so there will be a trained arborist on site.
I don't believe that Adam specified a type of box in his protected species report, but considering that brown long-eared bats and Leisler's bat were found foraging on site, I think you should also put up a box suitable for a cavity dwelling species. I'm not sure how successful the nestbox company bat boxes are, but I know we have had good success over here with Schwegler boxes - they come in different designs with both crevice and cavity interiors.
Again, like with the bat boxes, I think it a shame that integrated boxes could not be incorporated. Looking at the elevation drawings for Block B and C, there does look like there would definitely be space to include these on the northern/western elevations? The elevation drawings also show there will be overhangs between floors, which unfortunately probably precludes use of the building by swifts but would still be fine for house sparrow or starling.
If Adam doesn't think lizards are on site then that is fine but a habitat pile, stumpery, or similar could be incorporated around the edge of the site, as a recommended and easy alternative.
I don't have any particular preference for one large or multiple small bug hotels. The big one could make a nice feature though and in a nice sunny spot near the pond would be good.
I like the idea of the habitat planters and brown roof mix sounds good.
However, saying all of that, I personally don't think you need to provide details of all of this to Planning now. I'm just glad to hear that I hadn't totally missed it from the application.
What I was going to request was a condition on approval for an ecological mitigation plan to be provided for written approval, in which you can provide details of all of the below, as well as the location of these features, more details about the construction of the pond to ensure it is suitable for wildlife (e.g. sloping edges) etc. As long as Chris is happy with that?
I also think the ongoing management of the site needs to be referenced within the mitigation plan, specifically the maintenance of the grassland and planting areas around the pond. The landscape management details contain a section on weed control and use of herbicide to keep the site neat and tidy and this concerns me as there is no differentiation in management made between the more ornamental areas and the wild areas. Herbicide use and eradication of weed species (many of which will probably be the flowers we want to encourage), would be inappropriate in the naturalistic areas and therefore I think it needs to be specifically stated that herbicide won't be used there."
5.3.1 Agriculture and Lands Directorate (Forestry - DEFA) have objected to the application due to the following concerns (26.07.2022); "1. A large proportion of a category A (according to BS 5837) tree group is proposed to be removed. 2. No mitigation planting plan has been submitted" They also note that; "-Approximately 10% of a category A group has been proposed for removal."
If the application is approved the Agriculture and Lands Directorate recommend the following;
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"These are the recommended conditions, Prior to the commencement of the development hereby approved a detailed tree removal plan must be summited and agreed with the Department showing the extent of tree removal within the groups marked on the tree impact plans (TRN-240322 & TRS-24322).
No site clearance, preparatory work or development shall take place until a tree planting specification is submitted to and agreed in writing by the Department. Where applicable the tree planting specification shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include details of all trees to be planted, including a) their quantity, location (or density), species and size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees or plants (including those retained as part of the development) which within a period of 5 years from the completion of the development die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation. Reason: to ensure that the development is appropriately landscaped to sit comfortably and acceptably in its location."
5.4.1 The Minister for Enterprise (former Hon. Tim Crookall MHK), Department of Enterprise (07.07.2022) comments; "The Department is pleased to provide its comment and support for this significant investment in the Island's Digital sector.
The Department notes that the former Isle of Man Holiday Camp, Switzerland Road, Douglas is designated for Mixed Use (site DM013g) within the Area Plan for the East, approved by Tynwald on the 18th of November 2020. The site is also a prominent 'brownfield' site incorporated within the Unoccupied Urban Sites Register: Part 1- East (as site reference UUS 22), and after Westmoreland Road, the second largest site on the Register.
The Isle of Man has become established as a premier jurisdiction for the location, regulation and administration of online gaming companies and with over 70 active licences, the Island is home to some of the most influential companies in the sector, proving itself to be the perfect location for headquarters and the ideal jurisdiction in which to grow such a business. The Department is pleased to count King Gaming as one of these businesses who have chosen the Isle of Man as a key location.
King Gaming engaged with the Department in 2020 to share their plans for growth on the Island, including their plans for an Isle of Man campus. We have been very pleased to see the company and the broader group grow from a licence only in 2017 to the 137 employees they have today on the Island (contributing to over £2 million in exchequer benefit every year), with strong growth plans to create more jobs, and bring more skilled workers to the Island over the next three years - an aim of having over 300 employees in the next 12 months (contributing to around £5 million in exchequer benefit every year).
The opportunity is an exciting one, and the Department are delighted that King Gaming have chosen the Isle of Man as its home for this substantial growth, creation of new job opportunities as well as bringing highly skilled employees to the Island. In doing so, this development is considered to meet with the Digital Agency's Vision; 'To develop the Island's technology sector to support sustainable economic growth and establish the Isle of Man as a centre of international excellence and innovations for digital industries'.
In addition, the Department considers that the proposals deliver on the visions set out within the 'Island Plan', namely, building great communities; by focussing on brownfield sites to support urban living and regeneration, which 'maximise urban development opportunities to
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revitalise our towns but also to create new urban living opportunities'. In doing so, our 'brownfield sites are revived and brought into use supporting an increase in sustainable urban living'.
The Department notes that the location, within walking distance of the Douglas Town Centre encourages Active Travel. The high quality proposals, designed in a sustainable manner to passive standards, also utilise an existing brownfield site to create an office campus which is to be open to local visitors and includes restaurant, café and collaboration spaces which can be used and visited by the general public all set within high quality landscaping and public open space. In so doing, the Department consider that the proposals, which represent potentially the largest private sector investment in some decades, implement the 'policies that strive for beauty and quality in our built environment' and deliver the vision for a strong and diverse economy; by 'creating the environment for vibrant economies where everyone, including entrepreneurs can flourish and recognising the important role they play in making the Isle of Man an attractive place to live, work and invest'.
The concept for a campus approach is also one the Department supports, recognising that there is a shortage of available housing for key workers in certain areas of the economy and for an employer to actively consider how to support their own growth by contributing to the housing market, providing key worker accommodation on site, in a way that also is within the boundaries of an established settlement and repurposing a brownfield site is to be applauded.
The Department also notes with positive support the proposals to create parkland setting with increased biodiversity and public space and public amenities available for the wider population. It is the Department's view that the regeneration of this brownfield site as proposed is extremely positive with all of these considerations such as increased employment, increased residential provision, increased biodiversity, increased public amenity and public realm and ongoing and recurring increased economic benefit.
In conclusion, the Department supports this significant investment, which seeks to redevelop one of Douglas' largest brownfield sites with a high quality, sustainable scheme, an iconic addition to the Douglas Bay skyline, which delivers on a number of Government's strategies as set out in the Island Plan, The Strategic Plan and the Digital Agency's Vision.
I am grateful to the Planning Committee for this opportunity to offer the Department's comments and support for this scheme and trust you find them of use."
5.4.2 Additional comments from Department of Enterprise (28.07.2022); "We have reviewed the amended information and having done so, consider that our comments made in our letter of 8 July 2022 remain the same."
5.5.1 Manx National Heritage comment (09.06.2022); "I write on behalf of Manx National Heritage ('MNH'), whose statutory responsibilities pertaining to the protection of the cultural and natural heritage of the Isle of Man are defined under the terms of the Manx Museum and National Trust Act.
This application sets out to develop a plot of abandoned urban land where natural, ruderal vegetation colonisation has taken place over a period of time. Mature trees border the site to the north-east and north-west with a small number of trees having self-seeded across the remaining plot. The self-seeded trees and scrub have created an area of poor-quality woodland which is dominated by sycamores with a very limited structural diversity. In the context of the wider ecology the key feature is the escarpment woodland overlooking Douglas bay.
A tree Impact Assessment, which accompanies this application, shows that one category B tree, four category C trees, and one category C tree group are to be removed in order to facilitate the proposed development. A further five tree groups will be partially impacted, but the report
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considers that this is not significant in the context of the wider landscape. Loss of arboricultural value shall be mitigated and the development enhanced with the proposed replanting of approximately eighty trees during the landscaping phase.
The development also encompasses a number of other wildlife friendly features designed to enhance the natural biodiversity of the area including a pond, garden roof and additional meadow type planting. It is believed that this will benefit the site by increasing biodiversity net gain of the overall area.
The Isle of Man Strategic Plan, 2016, 5.1.1. 5.1.4. Environment Policy 3 states that Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value. Although the proposed development does impact on existing woodland, there is likely to be an increase in conservation value due to the increased species mix and a variation in structure of the newly planted section of woodland. MNH welcome further survey work which would establish the value of the site to roosting and feeding bats along with the additional siting of bat boxes and bird nesting boxes once the building work has been completed. Works to the trees, scrub and hedgerows should be undertaken in outside the bird nesting season, avoiding the months of March to the end of August. Works should be undertaken only when trees, bushes, hedges and any remaining masonry have been checked for nesting birds, roosting bats or basking common lizards. I hope the above information has been of help."
5.6.1 Principal Registered Buildings Officer (DEFA) comments (04.08.2022); "Recommendation No objection subject to conditions or amendments"
5.6.2 And
"...The proposals seek to create a parkland campus facility comprising of a headquarters office building with restaurant, café, collaborative working areas and 66 associated staff accommodation units with associated landscaping. While the site is not designated itself it is situated within close proximity to three conservation areas and given the quantum, scale and massing of the proposed development it has potential to also impact upon the setting of registered buildings.
The applicant has submitted a thorough and comprehensive Heritage Assessment. The assessment has identified and assessed all the heritage assets potentially impacted by the proposals. I consider the assessment to be robust and I do not dispute the assessment or its findings.
The assessment concludes that the impacts from the proposed development on the significance of designated heritage assets are anticipated to be limited to the Falcon Cliff Hotel and Douglas Promenade Conservation Area. Impacts would result, due to changes within their setting. In both cases, impacts are anticipated to result in less than substantial harm to their heritage significance, with the principal elements of interest held by each asset conserved.
I would agree that the proposals will impact upon the setting of both the Falcon Cliff Hotel and the Douglas Promenade Conservation Area and that level of impact to be less than substantial harm, while is this terminology of the English National Planning Policy Framework (NPPF) I consider it as a term to be understandable and translatable into our Island planning context.
Given the scale, massing and positing of the building it will be visible within the setting of both of these assets to an extent a level of harm will be caused by that visual alteration. The visual impact is created by the proposed development rising out of the established treeline, which current forms part of the backdrop to both the conservation area and Falcon Cliff Hotel.
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The proposed design of the building is contemporary, well designed and proposes to use high quality materials. It is my view that the potential impacts could have been mitigated further by altering the positioning of the principal building and or reducing its massing, however it is understandable that the proposals seek to make the most of the costal views from that position within the site.
Should you be minded to approve the application it is vital that the wooded character of the site is maintained to minimise the impact of the development upon the setting of both affected assets. This matter should be discussed with the DEFA Forestry team to ensure achievable and enforceable conditions can be placed upon any approval, as the loss of this wooded character would increase the potential harm of the proposals. The Heritage Assessment also contained requested night-time visualisations, given the materiality of the proposals, it is also important that the night-time illumination of the building either via internal or external means of illumination is controlled, as the level of illumination will also impact upon extent of potential harm cause to the setting of the identified assets. This issue has been acknowledged within the submitted information and should also be controlled via conditions to minimise the potential impact of the proposals. Given the positioning of the proposed principal building its potential impact could be increased by inappropriate advertisements, all forms of advertisement upon this building should be prohibited particularly any large scale illuminated lettering or symbols placed upon the roof or seaward elevation should be wholly prohibited."
5.7 Highway Services Drainage (DOI) comments (09.08.2022); "My only concern is with the raised pedestrian crossing at the junction of Victoria Road and Switzerland Road. FMD's surface water flood maps and the Developer's FRA indicate that at present surface water runoff would flow down Victoria Avenue and Victoria Road and into the site via Switzerland Road. Whilst the FRA states that the inclusion of the raised crossing will protect the site by preventing flood water draining into Switzerland Road, it would deflect it down Victoria Road increasing the flood risk to this busy highway. However, the surface water flood maps do not take into account the existence of any highway drainage systems, so the extent of flooding indicated may not be as severe. Some form of highway drainage is required around the crossing to intercept any flood water and drain it into the existing surface water sewer nearby subject to MU approval.
In this instance, we'd be satisfied with a suitably worded condition as suggested below:
Prior to commencement of any works, details shall be submitted in writing to the Department for approval which shows the surface water drainage arrangements for the raised pedestrian crossing at the junction of Victoria Road and Switzerland Road. Also, how any surface water runoff from the proposed entrances will be prevented from draining onto the adjacent public highway and where such water will be drained too. The approved details shall be completed prior to the occupation of the development.
Reason; In the interests of surface water runoff and highway safety."
5.8 Manx Utilities Drainage comments (09.08.2022); "The diversion of the existing 450mm diameter surface water sewer which crosses the site must be undertaken in accordance with Manx Utilities requirements.
A section 8 sewer adoption agreement must be entered into prior to any work commencing on the sewer diversion on this development.
The proposed surface water attenuation for the development will remain within private ownership and not be considered for public adoption.
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In accordance with the Sewerage Act 1999, communication fees will be payable to Manx Utilities in respect of each of the 66 staff accommodation units situated in Blocks A & B, together with the main Commercial Building (Block 3)."
5.9 Flood Risk Management Division (DOI) comments initially commented (29.07.2022); "FRM would like more time to review the existing watercourse and the flow calculations with regard to any additional flows from the parkland above the site"
5.9.1 Further to further discussions/site investigations they made the following comments (11.08.2022): "I had a call this morning from the company who are going to undertake the investigate they are checking the watercourse culvert size and where it outfalls today. We think the culvert 1.2m by 0.6m in size if this the case and it looks clear (no collapsing) I don't have an issue. Below is a map showing the line of the culvert (light blue line below)."
5.9.2 The applicants in responded (12.08.2022); "Apologies that it is late in the day, but just a quick and unfortunately not entirely conclusive update: IC&P have tried to ascertain the size of the culvert, but what we thought is a manhole is only 400 x 400mm in dimension and they have not been able to get exact dimensions. They think the approx. 600mm width is not far off, but that it may be deeper.
They have found the outfall into the glen and it is partially collapsed and we acknowledge that it would need improvement / rebuilding.
Ascertaining the full details was unfortunately not possible in the shortness of time, but we would be happy for this element to be conditioned and to be subject to a full assessment in due course."
5.9.3 The Flood Risk Management Division confirmed they had no objection subject to the following condition being attached (15.08.2022); "Prior to the commencement of any works (excluding enabling working) a detailed plan showing further details of the existing and proposed culvert running through the site (as indicated in Flood Management Division email dated 11th August 2022) shall be submitted in writing for approval by the Department and this approved scheme shall be completed prior to the occupation/operation of any building on the site and retained thereafter.
Reason: In the reason of flood risk."
5.10 IOM Fire & Rescue Service raise no objection to the application (11.08.2022).
5.11 Manx Utilities in relation to water supply comment (11.08.2022); "The Hydraulic model run for the proposed site at Switzerland Road, Douglas suggests that there should be ample capacity in the network system for the development, based on the estimated potable water demand received from the developers."
5.12 Public Estates and Housing Division (DOI) comment (12.08.2022); "We refer to the aforementioned planning application, and we can confirm that we have looked at the detail of the application and have considered the provision of a 25% Affordable Housing requirement.
We note that the accommodation units are exclusively for the use of persons employed within the office development, and who are employed on a change basis through a Temporary Visa arrangement. In circumstances such as these, the Department's view is that affordable housing provision could not be fairly applied, although we are mindful that the current proposals may
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alter over time and may give rise to the units being offered for lease or sale to persons who are not employed on the campus.
If such a change were to occur, the Department would seek to ensure that 25% of the total number of units brought to the open market would be allocated as affordable and sold to persons qualifying as first time buyers or to the DOI or its nominee.
Accordingly, the Department would request that a Section 13 Legal Agreement is prepared which will control the occupancy of the residential units to employees of King Gaming or their successors only and whose sole place of work is at the site and for no other purposes. Further, such legal agreement would also need to confirm that the units cannot be sold or rented on the open market unless the company ceases to operate the units."
5.13 Other Consultees 5.13.1 Douglas Borough Council made the following comments: 13.06.2022 "Following consideration of the planning application listed above by the Council's Environmental Services Committee at a meeting held on the 13/06/22, I can advise that after careful consideration of the proposed development the Committee resolved to support the application."
5.14 Third Part Representations 5.14.1 The owner/occupier of 27 Scarlett Road, Castletown has objected to the application which can be summarised as (01.07.2022); Is the Isle of Man in such dire financial difficulties that we are prepared to approve the planning application 22/00549/B for King Gambling to build their propose huge building on the former Cunningham holiday camp for a work force of 330 from the Far East of whom about a third are expected to live in the building where they will be working; Why does King Gambling not plan to invest in the training and development of Manx nationals rather than import into our society unacceptable Far Eastern management methods which involve their employees having to both live and work on their site; Surely if we do have to accept King Gambling's business it should be required to align itself and its employees with the norms of our island rather than be allowed to plant itself down in our midst as an isolated branch or model of a Far Eastern gambling company; and e Isle of Man not already dangerously over dependent on the island's huge gambling businesses without our having to now accept yet another gambling business which will only enhance the somewhat unsavoury image that gambling gives our nation.
5.14.2 The Isle of Man Enterprises plc has objected to the application which can be summarised as (22.06.2022); a new headquarters office building in a location that is not supported for this use in the development plan; e adjoining landowners of Centre House, Summerhill Business Park, and the Shoprite store, we are highly concerned about the insufficient parking provision in the initial proposed scheme. Only 80 parking spaces are proposed for the entire development, which is well short of the minimum requirement set out in the Strategic Island Plan (SIP). The proposal does not meet the requirements set out in the SIP that would support a relaxation of the parking standards; There is no justification for either reducing the appropriate parking provision; The effect of this will be to result in the area being significantly undersupplied with parking and thus we will likely end up with cars encroaching on surrounding areas, adversely impacting on the operation of adjacent commercial businesses and amenity of residential areas; Highway safety concerns We were previously required (PA 15/00723/B) to include a scheme to improve the safety of the vehicular and pedestrian access as well as completion of sufficient parking before the site could be occupied; The proposed development will have a significant adverse impact on the setting of both the adjacent Falcon Cliff Hotel (Registered Building) and Douglas Promenade Conservation Area; The proposal will result in a significant loss of mature trees from the site; No meaningful evidence or assessment is provided for assessing flood risk impacts; Reflecting the above and other concerns the proposed Redacted development will conflict with a large number of planning policies and
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proposals contained in both the Strategic Island Plan and the Area Plan for the East; and No evidence that the proposed development will provide any significant social, economic or environmental benefits that will balance the significant adverse impacts arising from the proposal.
5.14.3 Additional comments on behalf of Isle of Man Enterprises plc (Hargest Planning Ltd - 29.07.2022) again objecting to the application which can be summarised as; seek Interested Person Status; do not object to the principle of either/or both commercial and residential development on the application site; However, IOME consider that the proposals set out in this application constitute over-development which result in a wide range of significant adverse impacts that outweigh any potential benefits that would arise from the proposals. As such the proposed development conflicts with policies and proposals in both the Strategic and Area Plans; The total workforce on the site is identified as 330 staff of whom one third would live in the proposed residential accommodation (Planning Statement para 3.1). The Planning Statement also explains that the employees would "typically" come from the Far East employed under a Transfer Visa Scheme. There is no indication in the supporting documents that ensures that this is the case and it is, therefore, possible that employees could originate from other locations including Isle of Man residents. For the purpose of this objection it is assumed, as intimated in the supporting reports to the application, that all employees would be under a Transfer Visa Scheme arrangement; The supporting reports justify the limited parking provision, lack of affordable housing and, by inference, lack of private/children's amenity/play areas, on the basis that the proposed residential units would only be available for employees of King Gaming Limited and either a condition and/or a legal agreement is proposed as a means to secure this restriction; ere is no guarantee that King Gaming will be the sole occupant of the development for entire period of the life of the proposed buildings; it is highly likely that, at some point in the future, King Gaming would stop trading/operating from the site and a successor business/businesses will occupy the unit; At that time, assuming that the condition/agreement is effective, it is highly likely that the apartments will become vacant since it is unlikely that new operators will operate a business model similar to that used by King Gaming. Under this scenario the building will deteriorate and there will be pressure on the IOM Govt to relax the occupancy restrictions. The alternative scenario is that the condition/agreement ceases to be effective and the apartments will be occupied by those not employed in the adjacent offices; Vehicular access to the site is proposed via Switzerland Road. This is a narrow road, which does not have footways and mature trees are located along the north east side of the road within the carriageway; The limitations of the road are acknowledged in the submitted Transport Assessment; The applicants therefore propose that the road should be shared by vehicles and pedestrians. This arrangement would be unsafe for pedestrians because of the potential volume of traffic that would need to use the road; It is noted that the Transport Assessment assumes that residents of the apartments will not own cars (Transport Assessment para 4.28). This assumption is not valid. First there is no suggestion that there will be restrictions placed on residents banning the ownership of private vehicles, indeed if there is such a proposal one would have to question the legality and morality of such a proposal. Second, as noted above, it is necessary that any assessment of the application needs to consider the future position if/when King Gaming are no longer occupiers of the office building; The proposed development provides 80 parking spaces in total - 15 for the residential units and 65 for the office development; Proposal requires 348 spaces under current Strategic Plan; The proposal therefore only provides 23% of the required parking i.e. it is 268 parking spaces deficient; There is no policy justification for seeking a reduction in parking standards; The effects of this substantial under-provision of parking include, Increased use of parking in Summerhill Business Park to the detriment of existing occupiers, including IOME, Increased on street parking in Palace Road area - adversely affecting the amenity of residents, pedestrians and road safety, and Increased parking along Victoria Road contributing to congestion and road safety concerns; the site cannot be regarded as having good pedestrian accessibility due to distance away from town centre and schools; Regardless of whether or not the initial use of the proposed apartments are restricted to employees it is essential that the residential proposals provide a high quality living environment and make the necessary
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contributions to social and community provision that would arise from the use of the accommodation; The proposals make no contribution to affordable housing provision; There is no indication in the supporting reports that the applicants will make the necessary contributions to support education and other social and community facilities that would be normally expected from a residential development of this scale; Although the proposals provide public amenity space they do not make any provision for either private amenity space or children's play space; The Heritage Assessment submitted with the planning applications confirms that the proposed development will have an adverse impact on the settings of both Falcon Cliff Hotel (Registered building) and Douglas Promenade Conservation Area; it is clear that the proposal will result in a substantial loss of trees and existing woodland; In total 5 freestanding trees and 2379 m2 of tree cover will be felled due to the proposals; The development has, therefore, a substantial adverse impact on existing trees and will result in a large reduction in tree cover within the application site; Submitted with the planning application is a very short report entitled "Flood Risk Assessment and Drainage Design Strategy". It is the objector's view that this report fails to provide a meaningful assessment of flood risk; this objection has highlighted that the proposed development will cause significant harm to a wide range of relevant planning matters including residential amenity, operations of nearby businesses, parking, road safety, heritage assets, trees and flood risk. As a result the proposal conflicts with numerous policies and objectives of both the Strategic Plan and Area Plan; and the proposed development represents substantial overdevelopment of the site to the detriment of the surrounding area.
6.0 ASSESSMENT 6.1 Key Issues 6.1.1 Issues relating to the principle of the proposal are as follows:
o Principle of Development (Local Plan land use allocation, UEP3, TP1 from the Area Plan for East written statement and StP 1,2,6 & 9, SP1, GP 2, HP1, EP43, BP1, 9 & 10 of the IOMSP); o Potential impact upon the visual amenities of the street scenes including (GP2, EP 42 & 43 & UEP 2& 3); o Impact upon adjacent Conservation Area/Registered Building (StP4, EP36, EP42, Planning Policy Statements: 1/01 & UEP3); o Affordable housing provision (HP 5); o Impact on Neighbouring Residential Properties (GP2(g)); o Traffic Impacts / parking provision (GP2, TP 1, 4, 6 & 7 and TP1 from Area Plan for East; Active Travel; Climate Change; Net Zero 2050); o Open Space provision (RP3); o Potential impacts upon ecology (EP4 & GP2); o Potential impacts upon trees (EP3); o Energy/Climate Change (EP5); o Drainage/Flooding (GP2, EP13); and o Fire provisions (CP10 & CP11).
6.2 Principle of Development 6.2.1 The site is within an area designated as "Mixed Use" under the Area Plan for the East 2020. The proposed scheme is for a mix of commercial headquarters (office), residential (staff accommodation), restaurant and café. As outlined in paragraph 9.11 of the Area Plan for the East mixed use development on sites such as this proposal can be a mix of shops, services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Further, it indicates that uses which are not compatible with residential development will generally not be supported within the areas of mixed use.
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6.2.2 In this case it is considered the principle of the use are acceptable, the main essentially creating a campus for the employees of the gaming company which would occupy the site; albeit with some facilities (café/restaurant) opened to members of the public.
6.2.3 It is also noted that in terms of surrounding uses, to the northeast are a number of large offices (HQs), to the southeast are residential properties along Little Switzerland, albeit these are set a distance away and significantly below the application site. To the southwest is Falcon Cliff which is used as an office and a residential apartment block, again a distance away and set below the site with significant woodland in between. To the northwest is the former prison site which is undeveloped, but designated as mixed use under the Area Plan for the East. Overall, it is considered given the above existing and proposed uses, the proposal would be in keeping with these.
6.2.4 None of the uses proposed would be contrary to the Area Plan for the East designation or the IOMSP and therefore the proposal in terms of the principle of development is considered acceptable and comply with the relevant IOMSP polices and land use designation.
6.3 Potential impacts upon the visual amenities of the street scenes including 6.3.1 Arguably this is one of the main issues with the proposal given its significant overall size and prominent location. The separate but related issue of the potential impact upon the adjacent Conservation Area/nearby Registered Building will be dealt with later in this report. This section therefore focuses on the general appearance of the building within the street scenes.
6.3.2 There are considered to be a number of potential locations where the development would be apparent from public views: o North eastern views from Switzerland Road; o North eastern to south eastern views from Douglas Promenade/Douglas Head/Port Jack; o South western views from Palace Road; and o North western views from Victoria Road/Upper Dukes Road.
Switzerland Road elevation 6.3.3 Currently, the site is generally well screened from public views, namely given the variety of boundary treatments which are made up of existing banking/walls, but mainly given the significant landscaping.
6.3.4 All three blocks will be apparent in some part along the north eastern boundary of the site; especially during winter periods (leafless trees) and from the two vehicular access and pedestrian accesses which are located along this roadside boundary of the site. Arguable the location along Switzerland Road where the building would be most apparent would be as you walk up Switzerland Road (from promenade) approaching the north-eastern boundary of the site. The full six storey office building (eastern corner) will be apparent and given its proximity to the northern boundary (approximately 9m away) will be a dominating feature from this view compared to the existing situation. Continuing along Switzerland Road towards Victoria Road the existing landscaping namely mature trees (proposed to be retained) will soften the visual impact of the three blocks; albeit they will be apparent. The two accommodation blocks would be located approximately 16+m away from Switzerland Road.
North eastern to south eastern views from Douglas Promenade/Douglas Head/Port Jack 6.3.5 From Douglas Promenade the larger office building will be apparent from the majority of public views along the promenade, especially the upper floors. This will be considered in more detail in relation to the Conservation Area section of this report. However, the height of the building and the topography of the site is such that at least the two/three upper floors will project above the existing tree line which runs along the south-western boundary of the site.
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6.3.6 Views of the site will be apparent from Douglas Head to Onchan Head/Kind Edward Road areas and various points in-between along the Promenade. The applicants have undertaken a Heritage Assessment in terms of the impact upon the Conservation Area (Douglas Promenade) and the Registered Buildings in the area. This assessment is useful to consider when determining the visual impacts, as it include photomontages from several of locations mentioned above.
6.3.7 In term of key views, from the Sea Terminal looking towards the site the larger office building uppers three floors will projected above the existing tree line, albeit is main glazed finishes and design will helpfully reduce to impact. However, this is not necessary an uncommon feature, as the existing IQ-EQ building (opposite Shoprite Car Park) can be seen projecting above this tree line with its roof section above. Further, properties found at Little Switzerland and Montreux Road are also found between the wooded areas. Falcon Cliff is also a very apparent building visible from such views. From the Sea Terminal the building the proposal will in fact screen the existing IQ-EQ building from such views, so there is an argument that the proposal would not necessary adding significant amount of built development from this view. These views are similar at Douglas Head, albeit these views are slightly further away and elevated. The impact is similar however.
6.3.8 The proposal will be apparent from various points along the promenade and each vantage point alters. For example views from the promenade immediately to the southwest of the site will be altered significantly. Currently the Victorian Terraces are prominent features and above is woodland which is uninterrupted by built development. However, this proposal will result in the office building be apparent, with the three upper floors projecting above this woodland.
6.3.9 From vantage points to the northeast of the site along the Promenade to Kind Edward Road the office building will be apparent, namely the upper two to three storeys. The two residential blocks will not likely be apparent.
South western views from Palace Road 6.3.10 Views from Palace Road will in the main be screened from public views given the significant amount of mature trees found between the development and Palace Road. During winter periods there may be glimpses of the building but these are unlikely to case significant adverse impact upon the visual amenities of the street scene. The main office block would also likely be screened by the existing Falcon Cliff Apartment block which is also between the development and Palace Road. The three blocks would range between 47m away and 90m away from Palace Road. The exception to the above is from views when travelling up Empress Drive and up Palace Road (past the Ascot Hotel) and continue upwards to Falcon Cliff. At this point (entrance to Falcon Cliff) the new office will be apparent above the tree line in-between Falcon Cliff and Falcon Cliff apartment building. Approximately the top two storeys being visible.
North western views from Victoria Road/Upper Dukes Road 6.3.11 Currently, the roadside boundary onto Victoria Road comprises of a strong tree lined boundary; albeit views into the site are apparent in parts. The residential block A will be the most apparent building from Victoria Road views. This building would be setback into the site from Victoria Road between 14m and 20m. It is likely this building will screen the majority of the main office building and residential block B from public views; given the size, height and siting in relation to Victoria Road. The buildings in question would fit within the street scene and would be similar in scale to buildings already found along Victoria Road, namely Shoprite's Main Office to the north of the site.
6.3.12 The character of the street scene is made up of large office buildings to the north of the site along Victoria Road as well as Shoprite store and a large Victorian property Eastcliffe which has also large modern additions. Opposite the site to the northwest was the former prison
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building; which again was significant in size albeit now demolished. Overall, it is considered the proposed works in terms of the views from Victoria Road would be appropriate and in keeping with the street scene.
Conclusion 6.4.1 Firstly in terms of visual impacts to Victoria Road, Upper Dukes Road, Switzerland Road and Palace Road; for the reason indicated, there are no significant concerns with the proposed works and it is considered the proposal will fit well. Potentially the main view of the office building from these vantage points would be from just south of the Falcon Cliff entrance on Palace Road where the building will be able the tree line by approximately 2/3 storeys. The main visual impact is from the Promenade areas, Douglas Head and Onchan Head/King Edward Road.
6.4.2 It is important to understand the reasoning of the design and size of the building. In this respect the applicants comment in terms of the initial concepts and the approach taken state; "With the commercial headquarters building larger in size and more prominently located, the design focus shifted to this part of the site relatively quickly. Various options were explored in the early design stages to review the context setting and the wider views in particular. The building design developed and taken forward shows the main façade towards the bay with a slight curve and a very horizontal appearance. The curve is designed to echo that of Douglas Bay and to provide a visual interaction with the natural landscape surrounding the site.
The building's horizontal expression is in contrast to the more vertical rhythm of the buildings which front the promenade. This provides visual interest, but also allows the proposals to be read as distinctly different, while still part of the continued development of Douglas. The horizontal projections emphasise the panoramic views from the inside of the building, and provide further visual interaction with the outlook towards the wide-open horizon above the Irish Sea."
6.4.3 Further they comment; "As described above, the commercial building is horizontal in form, in contrast to the more vertical rhythm of the buildings which front the promenade. Horizontal projections further emphasise the appearance and provide sunshading in the warmer summer months, but also allow for panoramic views from the inside of the building where the office areas towards the bay side will remain as uninterrupted open plan spaces.
Rounded corners on the two corners of the bay are designed to give the facade and almost infinity like appearance and softened edges.
The façade materiality is limited to fully glazed windows, running floor to ceiling with structural bonding to vertical joint lines and dark grey capping to horizontal transoms to further emphasise the horizontality and uninterrupted views.
The horizontal projections are proposed to be formed in GRC supported off a concealed steel structure.
The very glassy appearance will allow the building to reflect the sky during day time and allows the building to assimilate into the background when viewed against the skyline."
6.4.4 It is clear from the applicant's proposals and comments, that the officer building was designed to be a "commercial headquarters building larger in size and more prominently located". The proposed building will become a prominent feature from the majority of locations from Douglas Head along the Promenade to Port Jack/Kind Edward Road. It may be considered the proposed office building is too tall and too prominent feature in the various street scenes and the landscape which it sites. It is true as outlined, it will become one of the most
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prominent buildings in the area and be visible from most locations identified and therefore could be considered contrary to General Policy 2 (b) & (c) and Environment Policy 42.
6.4.5 However, an argument to this thought is that the very high quality design made up mainly of glazing, curved glazed features to corners, set back of the upper floor and overall well designed building with high quality finishes would become a landmark building. It is clear the applicant's intentions are not to hide the building from public views, but to provide a landmark building to the site and the Promenade Areas.
6.4.6 This is not necessary nothing new, for example the Falcon Cliff building (originally a house, school, a hotel and now an office) which was constructed in 1836 was likely to have been constructed for the same reasons i.e. a landmark building, in a prominent location to be seen and to take advantage of the sea views. This building with its bright white render finish, size and overall design sitting above the Promenade is now a prominent building now of importance and sits well within its setting. It should also be noted that during the late 1880's a large glazed dance hall pavilion was constructed next to Falcon Cliff. This was larger than Falcon Cliff, again visible from the Promenade areas.
6.4.7 Where the proposal an "ordinary" building lacking in any real architectural interest or quality; the Department would have significant concerns with the approach taken. However, givens its "landmark" qualities, it is considered while the building will be unashamedly modern and be seen from a number of locations; it is consider acceptable. The lightweight appearance being made up glazing and the setting back of the upper floor, will also hopeful give the appearance of the building floating above the existing tree line.
6.4.8 The design of the two residential blocks are simple in form being three storeys with flat roofs with parapet walling around. The windows fenestration is made up of vertically proportioned windows and the external finishes are made up of Light grey colour facing brick, with panelling in an off white colour to form horizontal banding at each floor and also used vertically between window openings. In terms of form, proportion, scale and siting of these buildings there are considered to be appropriate in the various streets scenes
6.4.9 Overall, it is concluded the proposal would be appropriate in terms of the visual amenities of the various street scenes indicated and therefore comply with the relevant polices GP2, EP 42 & 43 of the IOMSP and UEP3 of the Area Plan for the East.
6.4.10 In judging whether the impact is acceptable or not to the various street scenes; it's perhaps also important to consider the impact upon the Conservations Area and the Registered Buildings as they all play an interlinked aspect of the scheme.
6.5 Impact upon adjacent Conservation Area/neighbouring Registered Building 6.5.1 Environment Policy 36 requires that development will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area. Strategic Policy 4 seeks development to protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings and Conservation Areas. Environment Policy 42: New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Planning Policy Statements: 1/01 - POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS indicts that where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected. Further, the Town and County Planning Act 1999 - Section 16 seeks to ensure that any development which affects a register building or its setting should preserve the building or its setting or any features of special architectural or historic interest it possesses.
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6.5.2 The site is immediately adjacent to the Promenade Conservation Area and south west of Little Switzerland Conservation Area; albeit the business park to the northeast of the site is located between this conservation area and the site.
6.5.3 In terms of Registered Buildings the most likely to be affected by the development the applicants have produced a very details Heritage Assessment which outlines all of the Registered Buildings in the area/Douglas and Conservation Areas. From this they have removed a number from the assessment as they will in no way be impacted by the development given their location. The others have essentially gone to a further round of assessment. These include; Tower of Refuge, Falcon Cliff Hotel, Ivydene, Castle Mona, Raven's Cliff Fort, Harold Tower and Camera Obscura.
6.5.4 Of these Registered Buildings, it has been assessed that only Falcon Cliff Hotel may be impacted by the development. The Heritage Assessment states that; "Development proposals would lead to permanent change within the immediate setting of the hotel and introduce change within current wider views towards the building. This change would be visual. In particular, views towards the building from Douglas Bay and Douglas Head to the south, would be altered by the presence of the proposed headquarters building, which would be visible above the treeline to the north-east of the hotel, and which would be situated above the hotel roofline."
6.5.5 and "In views from Douglas Head, the distance and presence of intervening vegetation between the two buildings provides definite separation, importantly maintaining the experience of the distinct form of Falcon Cliff Hotel in these views(see Views 01 & 01a). During daytime hours (View 01), the new headquarters building would be visible as part of existing built form which surrounds Falcon Cliff Hotel; its simple form and architectural detailing clearly in contrast to the historic built form of Douglas Bay."
6.5.6 In conclusion of the impact the assessment states; "As one traverses north along the promenade, views of the hotel and new headquarters building would be kinetic and changing (see Photomontage Views 02, 03, 03a & 04). Views to the south (02, 03 & 03a) show that there would be some overlap in built form of the hotel and new building, although this would likely be limited to the tower of the hotel and possibly the tops of its crenallations. However, due to the presence of the intervening vegetation which would maintain a visual break between the main bodies of the buildings, and the clear contrast in architectural form of the two buildings, importantly the tower and castellated form of the hotel, would mean that the two buildings would remain clearly separate and distinctive buildings in their own right; the design approach to the proposed development, in particular the glazing, will help it to assimilate against the skyline during the day, which would mean that the two buildings are read as separate entities and would also help ensure that the new building sits quietly within the landscape.
With due regard to an understanding that change within the setting of a heritage asset does not necessarily equate to harm to significance and with due regard to site observations, to the embedded mitigation measures, and having considered the special interest held by Falcon Cliff hotel and the contribution that its setting makes towards an understanding and appreciation of these interests, it is anticipated that the changes caused by the proposals as set out above would result in less than substantial harm to the significance of the Falcon Cliff Hotel. This is based on the following grounds: o The significance of the asset derives principally from its historic and architectural interest held within and expressed by the fabric, form and features of the building. These features would be unaffected by the proposals; o The Site is not a feature of the setting of the hotel which positively adds to its an appreciation or understanding of its special interests; and
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o Key views from the principal façade of the building, which overlook Douglas Bay would not be altered."
6.5.7 The Heritage Assessment indicated that; "The design of the new headquarters building seeks to mitigate potential negative impacts to the existing townscape and the significance of nearby heritage assets by including the following: o The principal façade which faces the sea has been designed with a slight curve to echo that of Douglas Bay, to provide a visual interaction with the natural landscape; o It is horizontal in form, in contrast to the more vertical form of the buildings which front the promenade below, to provide visual interest and contrast to the traditional building form within the bay allowing the proposals to be read as part of the continued development of Douglas; o The horizontal projections emphasise the panoramic views from the inside of the proposed building, and provides further visual interaction with the surrounding landscape which is reflective of the design intentions of many historic buildings which display a deliberate architectural response to enjoy views; o The modernist architectural design and proposed materials provide contrast to the traditional townscape, creating interest and contrast in views towards the proposed building from the wider area again allowing the proposals to be read as part of the continued development of the town; o The proposed use of glazing allows the building to assimilate into the background when viewed against the skyline; o The mature trees on the boundary line will be retained and additional soft landscaping is proposed reflecting the existing character of development set into the broogh and softening the appearance of the proposed building and in some instances offering enclosure and screening; o Where the upper storeys and roofline are visible above the treeline, the proposed building would be viewed in the context of intervening trees. In particular, the intervening trees between the Site and Falcon Cliff Hotel would ensure that the two buildings are seen and read as two separate buildings and the prominence of the Falcon Cliff sustained; and o During night-time hours, sensitive lighting is proposed, to reduce the light pollution of the building so as not to compete with or distract from the prominence of the adjacent Falcon Cliff Hotel."
6.5.8 The Heritage Assessment concludes; "This assessment has assessed the potential impact of the proposed development on the significance of a number of Registered Buildings and Conservation Areas within Douglas.
Impacts from the proposed development on the significance of designated heritage assets are anticipated to be limited to the Falcon Cliff Hotel and Douglas Promenade Conservation Area. Impacts would result, due to changes within their setting. In both cases, impacts are anticipated to result in less than substantial harm to their heritage significance, with the principal elements of interest held by each asset conserved."
6.5.9 Significant weight is attached to the Principal Registered Buildings Officer who has considered the application in detail and the submitted Heritage Assessment. His comments are outlined within the representation section of this report in paragraph 5.7.1. The officer has no objections to the application subject to conditions commenting that; "I consider the assessment to be robust and I do not dispute the assessment or its findings."
6.5.10 The Principal Registered Buildings Officer does seek that; "The wooded character of the site is maintained to minimise the impact of the development upon the setting of both affected assets. This matter should be discussed with the DEFA Forestry team to ensure achievable and enforceable conditions can be placed upon any approval, as the loss of this wooded character would increase the potential harm of the proposals."
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6.5.11 The officer also seeks that; "...the building either via internal or external means of illumination is controlled, as the level of illumination will also impact upon extent of potential harm cause to the setting of the identified assets. This issue has been acknowledged within the submitted information and should also be controlled via conditions to minimise the potential impact of the proposals."
6.5.12 The Officer also raises concern of any form of advertisement to the main office building and that all forms of advertisement upon this building should be prohibited particularly any large scale illuminated lettering or symbols placed upon the roof or seaward elevation should be wholly prohibited. Advertisements would need separate planning permission in the way of an advertisement consent application and therefore this application cannot control that. However, the applicants should be made aware that the Department would likely restrict and form of advertisement to any part of the main office building with the exception to the northwest elevation of the main office building (front).
Conclusion 6.6.1 In conclusion in terms of the impacts upon the Conservation Areas and the Registered Buildings in the area; it is considered the applicants have provided detailed evidence in the way of the Heritage Assessment, the submitted visualisations and information which demonstrates that while the proposed development, namely the office building will have a visual impact upon the Conservation Area namely Douglas Promenade and Registered Building namely Falcon Cliff.
6.6.2 It is noted that pretext to Urban Environment Proposal 3 within the Written Statement of the Area Plan for the Eats states; "Existing and new development can exist side by side, even with some visual differences presented by old and new building styles. New development should not seek to mimic existing development but be of its own time. Such innovation is crucial and with good precedent: some of the Island's best architectural examples emerged from the building design competitions of the Edwardian era."
6.6.3 This paragraph perhaps perfectly describes the development proposed, the traditional being Falcon Cliff and the Victorian Terraces along the Promenade, compared to the new which is the proposed high quality designed and high quality finishes of the new office building. The old and the new will be seen together; however, as outlined it is considered the blend of the two will sit together neatly and without adversely affected each other. Accordingly, the proposal would comply with StP4, EP36, EP42 of the IOMSP, Planning Policy Statements: 1/01 & UEP3 of the Area Plan for the East and be an acceptable form of development in this respect.
6.7 Affordable housing provision 6.7.1 As outlined by Housing Policy 5 there is generally that 25% of provision should be made up of affordable housing to developments of 8 dwellings or more. In this case there are 66 residential units within the two blocks and a further 3 residential units within the office building giving a total of 69 units within the site. Therefore 25% of 69 is 17.25 units.
6.7.2 The applicants are not proposing to provide any Affordable Housing (AFH). The applicants comment; "The two accommodation blocks are not for open market rent or sale, but for the exclusive use of King Gaming employees joining the Isle of Man office from other offices on a Transfer Visa Scheme and intrinsically linked to the commercial building.
These employees are generally on the island for a limited period of time and will benefit from their housing being located in close proximity to their workplace and from the shared amenities the tailored accommodation will provide.
This is a unique arrangement for the Isle of Man and more akin to accommodation for graduate students.
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As this type of use is not a use-group recognised on the island, layouts have been developed in line with fire regulations and space standards used for flats to achieve building control sign off.
The proposed approach has been discussed with the Department for Infrastructure and they have confirmed under these specific circumstances and with the accommodation not classified as general open market housing, they would not be looking for affordable housing to be accommodated on site.
Arrangements could be subject to a Section 13 Legal Agreement, should this be deemed necessary by the Planning Authorities.
In the future, it would be possible for these units to be converted into standard residential units, this would however be subject to a separate planning application which would address requirements such as parking, amenity or play space etc."
6.7.3 If the application is approved without AFH on site or a contribution then it is recommend a Section 13 Legal Agreement is undertaken which controls the occupancy of the residential units to employees of King Gaming only and who sole place of work is at the site and for no other purposes. The definition of an "employee" would also need to be defined and perhaps other aspects to ensure full compliance. Further should agreement would also need to explicatable state the units shall not be sold or rented to the open market and should company cease to operate the units will need to be unoccupied until a further planning application is submitted.
6.7.4 DOI Public Estates and Housing Division have considered the proposal and had agreed (see representations of this approach) with this approach.
6.7.5 In terms of staff accommodation on this scale there only a few examples; namely at Nobel's Hospital where there have been a number of applications in the last 15 years for staff accommodation (i.e. nurses/doctors etc.) which was considered to help efficiency and effectiveness of the Island's main hospital. There were no AFH contribution required for this accommodation which was located immedicable adjacent to the hospital. It should be noted that if the staff accommodation was directly linked to the main place of work (i.e. on the same site), then the Department would unlikely support such an approach for no AFH.
6.7.6 Overall, with appropriate conditions and S13 Agreements in place and acknowledging that in the future should the residential units on the application site no longer be needed for the business; then a new planning application would be required for these to be used independently of this business or rented/sold on the open market, then at this stage the Department would very likely require AFH to be provided either on site or a commuted sum payment.
6.8 Impact on Neighbouring Residential Properties 6.8.1 From visiting the area the majority if not all the properties in the vicinity of the site are commercial properties. The closest residential properties are on Palace Road and Switzerland Road below the site. It is considered given the distance from the proposed buildings, wooded areas between and in the case of those properties on Switzerland Road the topography being significant different; it is not considered there would be any significant impacts through loss of light, overbearing impacts upon outlooks and/or loss of privacy to warrant the application. Further no objection have been received from any residential properties in the vicinity. Accordingly, with the information available it is not considered there would be any adverse impacts to any neighbouring residential amenities.
6.9 Traffic Impacts / parking provision
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6.9.1 Perhaps one of the main issues in relation to the objectors concerns is the lack of parking provision associated with the development; especially if in the future the residential units where not used as proposed. This is a reasonable concerns as if the residential units where rented/sold on the open market; unconnected to the business, there is a high chance of person relying on off-site parking, namely along Switzerland Road and nearby streets.
6.9.2 The applicants in support of the application have submitted a Transport Assessment and Travel Plan which indicates; "The proposed development is a campus style development where the residential apartments will be solely for the use of one third of the employees of the office, who are likely to be from East Asia who will live and work at the site on a temporary basis. To date, in the applicant's experience, employees who have come from East Asia have neither had a car nor a driving licence. There will be gym and hospitality facilities which will be solely for the use of office employees and residents of the site and the penthouse areas will be for use by the office owner and their visitors. There will also be a restaurant and café, which will be open to the general public.
Vehicular and non-vehicle are access to serve the Headquarters Campus development will be taken from three priority controlled private accesses onto Switzerland Road, to the south-east of the junction with Victoria Road. In addition, there will be two pedestrian only accesses directly from the footway on Victoria Road that will lead into a private shared surface carriageway within the development, that will serve the residential and office elements of the development including 26 surface level car parking spaces.
The south-eastern most Proposed King Gaming Headquarters Campus Victoria Road, Douglas, Isle of Man Travel Plan 2 21-432-002.02 access off Switzerland Road will provide access to a basement car park of some 54 spaces.
The access roads within the site have been designed to achieve a target traffic speed of 15mph to provide an environment that is conducive for walking and cycling.
Within the development there will be 5 no. pool cars available to employees living on site and a total of 152 long stay cycle parking spaces and 22 short stay cycle parking spaces. The proposed car parking provision includes a total of 7 accessible parking spaces and 12 electric vehicle charging spaces, with all other proposed car parking spaces to be provided with ducting to provide flexibility for future conversion to electric vehicle charging spaces, if required. The development also includes proposals for a raised pedestrian crossing at the Switzerland Road/Victoria Road junction."
6.9.3 The IOMSP Appendix 7 indicates the relevant parking standards for various developments. In this case the 69 residential units would generate a total requirement of 1 space per one bed unit (6 x 1 = 6) and 2 spaces per two bed unit (63 x 2 = 126) therefore these generate a total requirement of 132 parking spaces. The parking standard for the office development is more complicated as the IOMSP indicates that; 1 space for every 50 square metres of nett floor space (office) or 1 space for every 15 square metres of nett floor space (out of town offices). This is not within the "Town Centre Boundaries" designated under the Area Plan for the East and therefore the proposal should be considered against this. Therefore the office space which equates to 3,305sqm would generate a parking requirement of 220 spaces. For reference if the low standard was uses (1 space per 15sqm) then a parking requirement of 66 spaces would be required.
6.9.4 The objectors argue the residential units equate to 128 spaces, the offices (1 per 15sqm) equates to 220 spaces and the Restaurants, café, gym have no standards identified. However, this equates to a total parking space requirement of 348 spaces. They comment that; "The proposal therefore only provides 23% of the required parking i.e. it is 268 parking spaces deficient". This in line with the parking standards of the IOMSP is correct, albeit the
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objector has not concluded the 3 residential units in the office accommodation, so in fact the total amount using the calculation outline would in fact be 132 spaces for the residential aspect and 220 spaces for the office giving a total requirement of 352 spaces and a shortfall of 272 spaces.
6.9.5 Even if the lower standard for "Office" (1 space per 50sqm) was used the proposal would have a shortfall of 118 spaces (66+132=198-80=118). Accordingly, the in terms of the parking standards the proposal falls well short of the required standards as set out in Appendix 7 and therefore a refusal reason on this ground could be made.
6.9.6 However, the applicants argue that; "Out of town" offices require a higher amount of parking, but we feel this would be an overprovision for a site which is just outside the Douglas Town Centre Area and has staff accommodation on site. Standards for the town centre area have therefore been applied...". The proposal would provide a total of 80 car parking spaces, 26 spaces are at surface level and 54 spaces are on the lower ground floor of the commercial building with 23 of these provided in advance of a barrier for greater use by the public.
6.9.7 The main thrust of the applicants argument in the under provision of the site is the sustainable location of the site, the occupants using the site and aims of Government Policies and aims in terms of Climate Change and Active Travel.
6.9.8 In terms of the location of the site and whether it is "sustainable" it is noted within Appendix 7 if the "Parking Standards" it states; "These standards may be relaxed where development: (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality."
6.9.9 The Transport Assessment indicates that the guidance indicates that for up to 500 metres is the desirable distance, up to 1000 metres is an acceptable distance and 2000 metres is the preferred maximum distance for commuting to work; whereas other journeys for shopping etc., 400 metres is the desirable distance, up to 800 metres is an acceptable distance and 1200 metres is the preferred maximum distance.
6.9.10 In terms of commuting given the majority of the office workers would be accommodated onsite the aspect of commuting is arguable less relevant in this case. However, from a shopping etc. point of view, in this case the site is within approximately 250m (0.25km) from Shoprite food store & Lloyds Pharmacy, 1600m (1.6km) from the retail shops on The Terrace and 2000m (2km) to the centre of Stand Street outside Marks and Spencer. The distance especially to the centre of Stand Street is above the maximum walking distance of 1200 metres; however, in terms of food shopping the residential unit onsite are very close to the Shoprite Store on Victoria Road.
6.9.11 It should be noted that the applicants are also proposing 152 secure cycle spaces on the site. The applicants Transport Assessment highlights that guidance in the Department for Transport's (DfT - UK) 'Cycling and Walking Investment Strategy' (April 2017) sets out that two thirds of personal trips are within 5 miles (8 kilometres), which is an achievable distance to cycle for most people. The UK Development for the Environment publication [1996] 'PPG13: A Guide to Better Practice' states that the bicycle is an ideal mode of transport for journeys under 8.0 kilometres. UK PPG13 [March 2001] provides advice associated with cycle trips and states that cycling "has clear potential to substitute for short car trips, particularly those under 5.0 kilometres, and to form part of a longer journey by public transport.". The Assessment indicates that the site is accessible by cycle from the local highway network, including from Queens Promenade via Switzerland Road beyond the bollards which restrict vehicle access, and there will be sufficient cycle parking provided for the residential and office buildings. Further,
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they demonstrate that the whole of Douglas and Onchan are accessible from the site well within a 5.0 kilometre catchment.
6.9.12 Both walking and cycle methods of travel falls in line with the Governments "Active Travel Plan" which seeks to enable more active travel by creating a safe, convenient and effective active travel network for people to use and encourage and promote a shift of choice to active travel modes for everyday functional trips. In the Isle of Man, 24% of the greenhouse gas emissions come from transport and the Active Travel in conjunction with the Net Zero 2050 seek people to be able to choose a more active form of travel and significantly reduce emissions. Active travel is defined as walking or cycling (including the use of electric bicycles) as an alternative to using motorised transport such as cars, buses, and motorcycles to make every day journeys. The aim also reduces, congestion, increasing opportunities to socialise, saving people money, health benefits and improving better places for people to live (better environment etc.).
6.9.13 The Transport Assessment also identifies the nearest bus stops to the site are located on Victoria Road to the north-east of the Switzerland Road/Victoria Road/Victoria Avenue junction. The westbound and eastbound stops are located approximately 200 metres and 240 metres walking distance from the centre of the site respectively. These stops provide a number of bus services serving the local area and the rest of the island. There are also further bus stops on Queens Promenade approximately 540 metres away. "Buses in Urban Developments" (January 2018 - UK) indicates that a maximum walking distance to bus stops of 400 metres, which is a historic recommended distance which has been applied for many years. Accordingly, it is considered the site is well services with closes and regular bus stops.
6.9.14 The applicants have also indicated that a Travel Plan Co-ordinator will be appointed for the overall management and implementation of the Travel Plan, before the site is occupier.
6.9.15 Within the Area Plan for the East Written Statement Transport Proposal 1 states; "Development proposals must take into account the Active Travel Strategy and any specific actions set out in the Active Travel Action Plan.".
6.9.16 The IOM Strategic Plan Strategic Policy 1 seeks development to be located to utilise existing and planned infrastructure, facilities and services and Strategic Policy 10 seeks 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 (d) encourage pedestrian movement. Further Transport Policy 1 (IOMSP) which seeks that new development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes. The preamble to this policy is paragraph 11.2.3 which states that to meet environmental objectives new development should where possible be located and planned so as to reduce the need for travel and encourage means of travel other than by private car, in particular walking, cycling, and public transport use. This proposal would achieve these aims/policies; arguably resulting in one of the most sustainable developments on the Island.
6.9.17 It is noted that Highway Services have considered the application in detail both from a highway safety point of view, traffic generation and parking provision standpoint. Their comments are in full in the representation section of this report, particularly those dated 29.06.2022.
6.9.18 In summary in respect to parking provision it is noted that Highway Services comment that the residential accommodation blocks are to be allocated 15 of the surface car parking spaces, which is mainly for visitors and parking for a proposed pool car scheme of five cars to provide residents who hold an appropriate driving licence to have access to a car if required for any reason. Further they indicated that given the site specific operation where most will live
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and work on-site or nearby, the proposed level of car parking provision is considered appropriate. Regarding the office element Highway Services state; "It is unlikely to result in overspill onto the highway.". Finally the in respect of the restaurant and café they highlight that there are no specific car parking standards in the IOMSP; however, a car parking accumulation exercise was carried out based on restaurant uses for a weekday and a Saturday from the transportation sector trip database and they concluded that a maximum predicted parking accumulation of 18 cars during a weekday evening and 25 cars on a Saturday (visitors from outside the site), although noting that it was likely that a significant number of customers are likely to be drawn from the Campus development, the adjacent Summerhill Business Park and nearby are likely to walk. It is concluded that the proposed shared parking arrangement with part of the office basement parking provision is considered adequate as it is unlikely that the peak usage of the office and restaurant/café would coincide.
6.9.19 The Department accepts the comments and conclusion of Highway Services, noting their conclusion of parking provision comments.
6.9.20 The concerns of the objector in relation to possible future uses are again understandable and reasonable. From the evidence/information provided the Department and Highway Services have concluded the proposal as it standards would not have a significant adverse impact on-street parking in the area. However, should the end user of the site change in the future, especially if the site was not used as it is currently proposed, but rather as standalone office block from the two residential blocks; then there is a high probability of impacts to existing on-street parking spaces as essential 15 spaces would be shared between 66 apartments. This has been put to the applicants and they have commented; "Arrangements could be subject to a Section 13 Legal Agreement, should this be deemed necessary by the Planning Authorities. In the future, it would be possible for these units to be converted into standard residential units, this would however be subject to a separate planning application which would address requirements such as parking, amenity or play space etc."
6.9.21 Further; "Should car parking for the accommodation buildings be required in the future, the current playing field area could be reconfigured to accommodate the required car parking spaces and can accommodate the required number of 1 space per flat as shown in the adjacent diagram. This would be subject to a separate planning application and assumes car parking provision standards have not been reduced by then."
6.9.22 A indicative drawing (although not to scale or formally submitted as a plan) is included in Section 5.2 of the Design and Access Statement which demonstrates this additional parking. This would be a knock on effect with Public Open Space (considered later in this report). However it is perhaps useful to understand one possible option; although a full planning application would need to be submitted to fully consider this.
6.9.23 However, the applicants agent stressed that; "this is not our client's intention, they are making a substantial investment to make this site their main base for years to come...".
6.9.24 Given the above, namely parking provision, proposed uses (staff accommodation) and the scheme is quiet specific for the users of the applicants; it is considered a Section 13 Legal Agreement would be needed in relation to who could occupy the residential units (staff) & not to be rented to the open market and condition's restricting the permission to the applicants only could be attached to any approval. This will be discussed later in this Section 13 Legal Section of this report. However it is consider this could give a greater certainty that what has been prosed is undertaken to ensure the reduction in parking provision and what has been judged is fully adhered to.
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6.9.25 Overall, while the proposal would provide an under provision of onsite parking spaces, it is considered the uses on this specific site namely; the residential element serving the office business only, located within the settlement of Douglas, close to public transport links, good sustainable links, significant cycle provision, Travel Plan being implemented and with appropriately worded conditions and Section 13 Legal Agreement in place; it is considered the proposal would meet the overarching aims of the IOMSP which seeks to promote sustainable development and travel which seeks to reduce the need for travel and encourage means of travel other than by private car, in particular walking, cycling, and public transport use and therefore complying with GP2, TP 1, 4, 6 & 7 and TP1 from Area Plan for East. Further, it is concluded the proposal would comply with the following Government Strategies; Net Zero Emissions by 2050, IoM Government's Active Travel Strategy and the Climate Change Bill 2020 which all seek to reduce car travel for more sustainable means of travel.
6.10 Open Space provision 6.10.1 As the development proposes more than 10 residential units (i.e. 69 apartments) a Public Open Space (POS) provision is required. In this case the applicant have proposed a POS of 4900sqm. The requirement is 4,352sqm. The POS is made up of a woodland area along the eastern, southern and part of the western boundary of the site and included some within the centre of the site. Gravel footpaths would run within the existing woodland areas running from the pedestrian access from Switzerland Road (north-eastern corner of site) along the eastern and southern boundaries of the site to the southern corner of the site where the footpath exists onto Victoria Road. This would be shared with the residents and offices. The applicants have advised that; "Pond area is excluded in this, the communal terrace area of the accommodation building is included, the main terrace of the commercial building has been excluded.". Further the road or pathway areas or the green spaces towards Victoria Road and Switzerland Road are excluded from the POS calculation.
6.10.2 A objection comments that the proposal would not make provision for children's play space or for private amenity space. The applicants in response have indicated; "It is suggested that no provision is made for children's play space or for private amenity space. The accommodation units will be occupied by single employees not families, therefore there is no requirement for children's play space. The site will be available to the public allowing the public access to the woodland amenity areas. There are private amenity spaces created adjacent to the accommodation units, please refer to the Design and Access Statement Appendix A.10 Landscape Information for details.
Whilst it is suggested that there are inadequate amenities for residents on the site in terms of children's play space or private amenity space it is clear from the Planning Statement submitted initially that qualitatively the amount of POS required by the Strategic Plan is being provided and the open space is designed to meet the needs of those who will be using the site. If the type of people using the site changes, then that space can too be altered to suit any new requirements including children's play space. Again, this is a user-led scheme which has been designed for the end user and is not a generic, speculative development."
6.10.3 It is considered the proposal in this instance both in terms of amount, quality and type of POS is appropriate and would comply with Recreation Policy 3 of the IOMSP. Further, Nobles Park is within close proximity to the site which has various children's play areas, so it is not considered the lack of such provision on this site would be detrimental to the area as a whole. It is also not considered perhaps a children's play area immediately adjacent to the main office building would be suitable or appropriate and perhaps would result in noise disruption for the workers in the office.
6.10.4 A Section 13 Agreement will be required to ensure the amount of POS is provided and retained.
6.11 Potential impacts upon ecology
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6.11.1 Environment Policy 4 indicates that development will not be permitted which would adversely affect; species and habitats of international importance, species and habitats of national importance or species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Environment Policy 5 indicates that in exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to: (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated.
6.11.2 As part of the submission the applicants have submitted a Preliminary Ecological Appraisal Report prepared by Manx Wildlife Trust, Protected Species Report (bats). This report indicates that;
o No Common Lizards were seen during the walkover survey and there are no records of Common Lizard within 500m of the site; o No Common Frogs were seen during the walkover survey and the site and surrounding areas do not contain habitat suitable for breeding frogs; o During the walkover survey, a number of birds were observed, including Hooded Crow (Corvus cornix), Wood Pigeon (Columba palumbus) and Red List species Song Thrush (Turdus philomelos); o There are four records of bats within 500m of the site; o A number of invertebrates were observed during the survey, predominantly within the ruderal / ephemeral / short perennial vegetation; and o No rare or scarce plants were found during the survey.
6.11.3 The Appraisal makes a number of recommendation which are found with Section 6.0 of the report. And makes recommendation for enhancements for wildlife for the site which include; o Create a wildlife pond; o Increase invertebrate biomass; o Improve foraging for birds, bats and lizards; o Create suitable breeding habitat for Common Frog; o Enhance the existing woodland; o Removal of non-native shrubs where possible; and o Thinning of existing sycamore trees and replacement planting with a range of suitable native species.
6.11.4 The Appraisal concludes that; "A preliminary ecological appraisal and subsequent review of design plans has informed the current plans to develop an urban plot on land off Victoria Rd, Douglas. The majority of the interior of the site, which will be cleared, comprises recent colonisation by opportunistic plant species and invasive scrub.
Most importantly the site retains the majority of a secondary woodland that is part of a wider ecological unit along and escarpment to the north and south and will continue to function in this regard.
The design plan has taken into account habitat retention, enhancement and creation with ecological input specifically targeting habitats of known benefit to a range of invertebrates, nesting and foraging birds and commuting and foraging bats.
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Considering the existing site baseline and proposed ecological mitigation it is considered that the project should achieve 'no net loss' of biodiversity in line with Isle of Man Government policy on Biodiversity (DEFA, 2015)."
6.11.5 The Ecosystem Policy Team confirm they have considered the Manx Wildlife Trust's Preliminary Ecological Appraisal Report , and their Bat Activity and Winter Hibernation assessment Protected Species Report and that a suitable level of ecological assessment has been undertaken. They consider that;
o Given the level of bat activity a key part of the necessary mitigation for bats is the reduction of artificial light spill emanating from in and around the new buildings and therefore a condition should be attached to seek lighting design plan to be submitted; o Given level of glazing in main office building concerns of bird strikes and therefore a condition should be secured for details to be provided regarding solar control glass coating to reduce reflectivity; o A Construction Environmental Management Plan regarding enabling works and site clearance; o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on birds, impacts on bats and common lizards all during construction; o Details of the measures to be taken to prevent the surrounding woodland from the damaging impacts of dust, noise, sediment runoff, and bioharmful pollutants; o construction exclusion zones and use of protective fencing to the surrounding boundary trees and woodland which shall be maintained throughout the works and which is replaced promptly should it become damaged; and o Responsible removal methodologies for the Schedule 8 invasive plants Montbretia and griselinia; o A Ecological mitigation plan which details of bat and bird boxes to be installed around the site, including on trees and buildings; construction and maintenance of the wildlife pond, stumpery/log pile habitats, 5 habitat planters, Details of the additional measures which will be put in place should bird strikes still be an issue on the glass fronted building, even after the application of the solar control glass coating, Specifications for the brown roof, including a species list suitable for the Isle of Man; Plans for the creation and ongoing management of the grassland, naturalistic and marginal planting areas as show in the Landscape Information; o The tree planting and landscaping must be undertaken as per Cowley White Landscaped Design Planting Plan; and o Only the trees marked as 'Trees Proposed to be removed' in the Site Overview Drawing Site Plan - Tree Removal 2108-PL-3002, shall be removed.
6.11.6 Overall, from the comments receive from the Ecosystem Policy Team and the information included within the submission the Department is comfortable that the proposed works could have a bio-diversity net gain with the appropriately worded conditions and Section 13 Legal Agreement in relation to ensure the longer term maintenance of the ecological mitigation measures. The proposal is consider to comply with Environmental Policy 4.
6.12 Potential impacts upon trees
6.12.1 The application includes an Arboricultural Assessment prepared by Manx Roots. This indicates that the Assessment has identified the requirement to remove 1 category B tree (Sycamore), 4 category C trees (2 x Sycamore & 2x Lime), and 1 category C tree group in order to facilitate the proposed development. A further 5 tree groups will be partially impacted, but this is not considered to be significant in the context of the wider landscape. 1 category U tree (Elm) has been recommended for removal, irrespective of the development.
6.12.2 Further the Assessment indicate that there will be a requirement to use a cellular confinement system to construct a road and footpaths within the RPA of retained category B
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trees and category B groups. There will also be a requirement to implement temporary ground protection measures in a number of areas where construction access is required adjacent to retained trees. Loss of arboricultural value shall be mitigated and the development enhanced with the proposed replanting of approximately 80no trees during the landscaping phase.
6.12.3 It is noted that Agriculture and Lands Directorate (Forestry - DEFA) have objected to the application due to concerns that; "A large proportion of a category A (according to BS 5837) tree group is proposed to be removed and no mitigation planting plan has been submitted". They also note that; "-Approximately 10% of a category A group has been proposed for removal.".
6.12.4 In response the applicants have stated; "The impact on trees is assessed in the Arboricultural Assessment prepared by Manx Roots Limited contained within Appendix A.4 of the Design and access statement. This assessment states that "significant amount of natural regeneration has occurred since the former holiday camp was demolished. This has created an area of poor-quality woodland which is dominated by one species (sycamore) and has poor structural diversity."
6.12.5 And "The tree loss is not considered to be substantial considering the mature woodland bordering the site to the south west and south-east and the mature trees which border the site to the north-east and north-west where it abuts Victoria Road and Switzerland Road which are to be retained and augmented by the development."
6.12.6 Any tree removal is unfortunately; however, to facility any reasonable level of development to the south eastern half of the site will require some tree removal of Category A & B groups. This is a negative aspect of the proposal. The proposal does include a total of 80 new trees throughout the site. And the main trees along the boundaries of the site are being retained.
6.12.7 One issues raised by various parties, including the Registered Buildings Officer is the matter of the existing trees to be retained along the boundaries of the site in close proximity to the office building. It is vital these are retained.
6.12.8 The Arboricultural Assessment comments on this issue stating; "The upper floors of the main office building will have views across Douglas Bay above the height of the remaining group 3 trees. The lower floors of this building, however, will have trees in close proximity to the windows. The potential for this to cause conflict due, for example, to concerns about shading and blocking of views, is difficult to judge. As mentioned above, maintenance pruning to prevent damage to building as branches sway in the wind is likely to be required on the north and south sides of the building. 4.4.2. The retained trees on the site will provide some shelter from the prevailing southerly and south-westerly winds, and give the internal amenity areas a pleasant, secluded setting. 4.4.3. The retained trees will also help soften the visual impact of the development when viewed from outside of the site. 4.4.4. Seasonal debris such as leaf-litter has the potential to become a nuisance issue due to the proximity of the trees, but one would expect a reasonable level of maintenance at a commercial building such as this, so it is unlikely to be a significant issue."
6.12.9 By commending the development the applicants clearly understand the potential conflict and by commencing the development understand the position of the Department. The applicants/occupants of the building should be under no illusion the Department will not support the removal of these trees and it must have been considered acceptable by the applicants given they have been made fully aware of possible conflicts by their own qualified Arboriculturist/s.
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6.12.10 Overall, while the remove of trees are on the site are unfortunate; it is concluded on balance with the proposed protection of trees to be retained which provided a greater level of visual amenity when looking towards the site and the amount of new trees to be planted within the site; it is considered the application in respect to impacts upon trees is acceptable.
6.13 Energy/Climate Change 6.13.1 Energy Policy 5 indicates that developments of this size will require a "Energy Impact Assessment". This has been provided by the applicants which indicates; "High performance building fabric and energy efficient lighting, services and equipment. o Passive design measures to reduce energy demand for heating, cooling, ventilation and lighting. o ASHPs (refrigerant type VRV / VRF for heating and cooling in the office areas) o Heat recovery on mechanical ventilation systems (offices and penthouses) o Building management control system (offices) o Roof mounted PV if required for compliance and for the penthouses. o Point of use electric water heaters (offices) o Air to water ASHP for hot water (penthouses) o LED Lighting o Possible daylight control for lighting o No fossil fuels utilised."
6.13.2 The application complies with Energy Policy 5 which seeks to reduce energy consumption, reduce fossil fuels consumption and reduce emissions and therefore in terms will also meet the aims of Net Zero and the Climate Change Bill.
6.14 Drainage/Flooding. 6.14.1 Manx Utilities Drainage, Manx Utilities (regarding water supply), Flood Risk Management Division (DOI) and Highway Services Drainage have all considered the application in detail and their comments are outlined within the representation section of this report. None of the drainage authorities or the FMD have objected to the application, albeit the FMD are still awaiting a complete survey of the culvert which runs through the site to the nearby watercourse within the Glen to the south of the site. It is recommended a condition be attached which seek additional details of this culvert to ascertain whether the existing is sufficient or whether it needs to be upgraded/repaired.
6.15 Fire aspects 6.15.1 The IOM Fire and Rescue Service have considered the appellation and Highway have raise no objection to the proposal in respect to swept path analyses for fire vehicles accessing the site. Building Control will also consider the application in terms of fire related matters and during this process the IOM Fire and Rescue Service will comment further. Accordingly, without any objection from the IOM Fire and Rescue Service at this stage it is considered the application from a planning perspective is acceptable in this respect.
7.0 SECTION 13 LEGAL AGREEMENTS 7.0.1 If the application is approved without AFH on site or a contribution being made, then it is recommend a Section 13 Legal Agreement is undertaken which controls the occupancy of the residential units to employees of King Gaming (Jade Tree Limited) only and whose sole place of work is at the site and for no other purposes. The definition of an "employee" would also need to be defined and perhaps other aspects to ensure full compliance. Further such agreement would also need to explicatable state the units shall not be sold or rented to the open market and should company cease to operate the units will need to be unoccupied until a further planning application is submitted.
7.0.2 A Section 13 Legal Agreement in relation to ensure the longer term maintenance of the ecological mitigation measures is also required.
7.0.3 A Section 13 Legal Agreement in relation to ensure the provision for the Public Open Space and its retention for such use is also required.
8.0 CONCLUSION
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8.0.1 In conclusion the application would represent a significant development within this part of Douglas on a previously development site which has been laying vacant for a considerable period of time. The proposal, especially the proposed office block, will result in a very prominent landmark building raised above Douglas Promenade and which will therefore given its size and scale will be very visible from a number of public viewable locations, namely Douglas Head to Douglas Promenade and to Onchan Head/King Edward Road. As outlined in this report there will be impacts upon the Conservation Area namely Douglas Promenade and Registered Building Falcon Cliff; however for the reasons outlined the impacts would not be so significant to warrant a refusal.
8.0.2 The proposal in terms of parking/highway safety has been considered and while there is a sizeable under provision of on-site parking in association with the development; it is considered given the residential element of the development is solely for staff accommodation connected to the main office building, the sustainable location of the site, closes to public transport links, Travel Plan proposed, significant cycle store provision on the site the proposal would not give raise to significant impacts upon on-street parking in the locality. This is also subject to relevant conditions and Section 13 Legal Agreements. Highway Services have also considered the application in relation to highway safety/traffic generation/access amongst other aspects and raised no objection.
8.0.3 In terms of biodiversity, climate change and energy aspects the proposal has been carefully considered ands with the proposal submitted and with appropriate conditions in place it is considered the application would meet the relevant aims and policies of the IOM Government.
8.0.4 Objection from the Agriculture and Lands Directorate (Forestry - DEFA) is noted and this is a negative aspect of the proposal; however, balancing the over benefits of the proposal and the tree mitigation/landscaping proposed within the site and retention of the majority of the trees in the area, namely the boundary trees; it is considered the proposal in respect of impacts upon trees is acceptable.
8.0.5 All other matters outlined in this report are considered acceptable. In addition, the Department would agree with the economic benefits of the proposal which are supported by the Department of Enterprise which indicated that; "...considers that the proposals deliver on the visions set out within the 'Island Plan', namely, building great communities; by focussing on brownfield sites to support urban living and regeneration, which 'maximise urban development opportunities to revitalise our towns but also to create new urban living opportunities'. In doing so, our 'brownfield sites are revived and brought into use supporting an increase in sustainable urban living'."
8.0.6. Accordingly, for these reasons it is recommended the application is acceptable and complies with the relevant planning policies listed and therefore recommended for an approval subject to a Section 13 Legal Agreements.
9.0 INTERESTED PERSON STATUS 9.0.1 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
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(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.
9.0.2 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
9.0.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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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:...22.08.2022
Signed :...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 22.08.2022
Application No 22/00549/B Applicant Jade Tree Limited Proposal Creation of a parkland campus facility comprising of a head-quarters office building with restaurant, café, collaborative working areas and 66 associated staff accommodation units with associated landscaping Site Address Former Isle Of Man Holiday Camp Switzerland Road Douglas Isle Of Man
Principal Planner Mr Chris Balmer Presenting Officer As above - Addendum to the Officer Report
Planning Committee 22/08/2022 The Planning Committee considered the application subject to the following suggested amended condition by the Planning Officer and approved the application subject to a Section13 Legal Agreement and the below 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. Prior to the occupation of any building hereby approved the Visibility splays as shown on Drawing No: 21/432/TR/001 Rev E shall be provided and maintained at all times free from any obstruction at height not exceeding 1.05m above the level of the adjacent highway carriageway.
Reason: In the interest of highway safety
C 3. Prior to the occupation of any building hereby approved the new accesses as shown on Drawing No: 21/432/TR/001 Rev E shall be provided and retained thereafter.
Reason: In the interest of highway safety
C 4. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved drawings 2108-PL-3003, 2108-PL-3006, 2108-PL-3010, 2108-PL-3309. Such areas shall not be used for any purpose
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other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 5. The development hereby approved shall not be occupied or operated until the cycle parking areas have been provided in accordance with the approved drawings 2108-PL-3110 and 2108-PL-3310. Such areas shall not be used for any purpose other than the cycle parking associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient cycle provision is made for the development which has under provision of car parking.
C 6. The submitted Travel Plan hereby approved shall be implemented in accordance with the measures set out therein and within three months of occupation evidence of the implementation of measures set out in the Travel Plan shall be prepared, submitted to and agreed with the Department in writing unless alternative timescales are agreed in writing.
Reason: to mitigate the under provision of on-site parking and to ensure the sustainable travel options are undertaken as proposed.
C 7. Prior to the commencement of the development hereby approved further details of the tree removal proposed within the groups, G1, G2, G3, G5 and G6 marked on the tree impact plans (TRN-240322 & TRS-24322) must be submitted to and agreed with the Department and shall include further details for acceptable tree protection measures.
Reason: to provide clarity on exactly which trees are being removed within affected tree groups, ensuring tree loss on the site is minimised and that the legislation providing protection to retained trees is enforceable.
C 8. No retained tree shall be cut down, uprooted, or otherwise destroyed during the development phase, other than in accordance with the approved plans. In the event that existing trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Reason: Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and to enhance its setting within the immediate locality.
C 9. All planting, seeding or turfing comprised in the approved details of landscaping (including tree planting) as shown within Cowley White Landscaped Design Planting Plan (Drawings no. 002-KGC-REV A and 003-KGC-REV B) dated 30th March 2022 and the Planting Schedule/Key dated 28th April 2022must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved office/residential units, 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. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the hereby approved office/residential units.
Reason: To ensure the provision of an appropriate landscape setting to the development.
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C 10. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing or proposed landscape areas as shown in drawing OTP-240322 (Manx Roots
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
C 11. Prior to the commencement of the development hereby approved a Construction Environmental Management Plan (CEMP), to be provided to Planning for written approval prior to any works(excluding site clearance), including enabling works, taking place. The CEMP will need to contain details of the roles, responsibilities, training, procedures and monitoring on site which will ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to. The CEMP will need to incorporate the following avoidance and mitigation measures and the works must be undertaken in strict accordance with these measures: o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on birds - timescales for vegetation removal and suitable checks by an ecologist. o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on bats - pre-felling inspections of trees with potential roost features by a suitable qualified ecological consultant and responsible tree removal methodologies, use of bat sensitive construction lighting, storage plans for vehicles and equipment, action to be taken should bats be encountered during constructions works, measures to be taken should any additional trees be identified for removal, including prefelling inspections by an ecologist and additional mitigation should potential roost features be found. o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on common lizards - reasonable avoidance measures for lizards, and measures to be taken should lizards be encountered during construction works. o Details of the measures to be taken to prevent the surrounding woodland from the damaging impacts of dust, noise, sediment runoff, and bioharmful pollutants. o Details of the measures to be taken to prevent damage or disturbance to the surrounding boundary trees and woodland - construction exclusion zones and use of protective fencing which shall be maintained throughout the works and which is replaced promptly should it become damaged. o Responsible removal methodologies for the Schedule 8 invasive plants Montbretia and griselinia.
All the agreed measures shall be adhered to in full.
Reason: To ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to.
C 12. Prior to the occupation or use of the development hereby approved an Ecological mitigation plan, to be provided to Planning for written approval, which includes the following; o Details of bat and bird boxes to be installed around the site, including on trees and buildings. Details should include the numbers to be installed, their location and type, and timescales for their installation - boxes on the retained trees should be installed prior to any further vegetation removal. Bat boxes should include boxes suitable for both crevice and cavity roosting species and bird boxes should include both open fronted and entry hole boxes;
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o Further details about the construction and maintenance of the wildlife pond; o Details of stumpery/log pile habitats to be created around the edge of the site; o Details of a new bug hotel/s which are to be created on site; o Details of at least 5 habitat planters to be installed around the site; o Details of the additional measures which will be put in place should bird strikes still be an issue on the glass fronted building, even after the application of the solar control glass coating; o Specifications for the brown roof, including a species list suitable for the Isle of Man;
All the agreed measures shall be adhered to in full prior to the occupation/operation of any building.
Reason: To ensure a net biodiversity gain and all environmental legislation and policy is adhered to.
C 13. Prior to the occupation or use of the development hereby approved a detailed internal lighting plan throughout the site to ensure protection of bats/birds and to ensure appropriate protection of the nearby identified Registered Building/Conservation Area shall be submitted in writing for approval by the Department and the approved scheme shall be fully adhered to and retained thereafter.
Reason: To ensure adequate protection of protected species and ensuring appropriate protection of the visual amenities of nearby identified Registered Building/Conservation Area.
C 14. Prior to commencement of any works, details shall be submitted in writing to the Department for approval which shows the surface water drainage arrangements for the raised pedestrian crossing at the junction of Victoria Road and Switzerland Road. Further details showing how any surface water runoff from the proposed entrances will be prevented from draining onto the adjacent public highway and where such water will be drained to. The approved details shall be completed prior to the occupation of the development.
Reason; In the interests of surface water runoff and highway safety.
C 15. Prior to the commencement of any works (excluding enabling working) a detailed plan showing further details of the existing and proposed culvert running through the site (as indicated in Flood Management Division email dated 11th August 2022) shall be submitted in writing for approval by the Department and this approved scheme shall be completed prior to the occupation/operation of any building on the site and retained thereafter.
Reason: In the interest of flood risk.
C 16. 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 roofs, 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 17. Prior to the commencement of any development hereby approved a detailed external lighting plan throughout the site to ensure protection of bats/birds and to ensure appropriate protection of the nearby identified Registered Building/Conservation Area shall be submitted in writing for approval by the Department and the approved scheme shall be fully adhered to and retained thereafter.
Reason: To ensure adequate protection of protected species and ensuring appropriate protection of the visual amenities of nearby identified Registered Building/Conservation Area.
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