75413

==== PAGE 1 ====

                                      22/00707/B                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. 22/00707/B Applicant : Manx Development Corporation Proposal Creation of a temporary parking for storage of plant vehicles and equipment for use by the Manx Development Corporation Site Address Ballacloan School (former) Demesne Road Douglas Isle Of Man IM1 3DX

Case Officer :

Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level Planning Committee

Recommendation

Recommended Decision: Permitted Date of Recommendation 19.07.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The uses hereby approved for the creation of a temporary parking for storage of plant vehicles and equipment for use by the Manx Development Corporation only shall be for a limited period of 30 months from the date of this approval and on (or before) the expiry of this approval the use shall be discontinued.

Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need.

C 2. The creation of the temporary parking for storage of plant vehicles and equipment for use by the Manx Development Corporation shall only be used for works associated with the conversation of the Former Nurse's Home development (PA 22/00254/B) and for no other purposes.

Reason: approval have been submitted and approved on the grounds of specific reasons namely to facility the re-development of the Former Nurse's Home. No approval is granted for the use of the site for any other purposes.

This application has been recommended for approval for the following reason.

Accordingly, for these specific reasons and as the proposal would have no adverse impacts upon public or private amenities or have any adverse highway safety concerns it is considered in this case the temporary use of this site for 30 months for temporary parking, storage of plant vehicles and equipment for use by the Manx Development Corporation is acceptable.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 07.06.2022. __

==== PAGE 2 ====

                                      22/00707/B                                     Page  2  of  5

Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSED USE COULD BE CONSIDERED CONTRARY TO THE LAND USE DESIGNATION OF THE SITE BUT RECOMMENDED AS AN APPROVAL.

1.0 THE SITE 1.1 The site is the playground and building of the former Ballacloan School located along the north-western side of Demesne Road within Douglas.

2.0 THE PROPOSAL 2.1 The application seeks approval for the creation of a temporary parking for storage of plant vehicles and equipment for use by the Manx Development Corporation.

2.2 The car park would enable the redevelopment/conversion of the adjacent Nurses Home which was recently approved (subject to legal agreement).

2.3 The applicants comment that:

"...The Manx Development Corporation are undertaking the redevelopment at the Former Nurses Home on Westmoreland Road, Douglas. In order to undertake these works, the contractor requires an area in which to establish their site, store material, plant equipment and various contractors vehicles. The Former Nurses Home site does not have sufficient area in which to accommodate all the requirements as stated above and for this reason we are seeking approval to utilize the Former Ballacloan School site, Demesne Road, to make up for the shortage of space.

The premises will be utilized for the parking of site vehicles/plant equipment during the building process. The site will be required from; the date of approval until and including the 30 months thereafter. The site will be regulated by the contractor, ensuring only authorized entry at all times. It may be required that the premises be used after normal working hours, on weekends and bank holidays. Should the need to use the premises no longer be required before end of the 30 months, the contractor will vacate the property and make good.

We have consulted with, and gained permission from the property owners Graham Kinrade (DESC) and the Estates Director, Richard Collister. We have also been informed that the building will be demolished by the DOI in the near future. We will be in contact with Mr Gary Kermode to ensure that we are not impeding their demolition works in anyway..."

2.4 It should be noted the demolition of the former Ballacloan School building does not require planning permission and therefore this aspect is not for consideration.

3.0 PLANNING STATUS AND POLICY 3.1 The site lies within an area of "Mixed Use" under the Area Plan for the East 2020. The site is not within a Conservation Area.

3.2 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

3.3 The recently completed "Planning Review" included the following policy which stated:

==== PAGE 3 ====

                                      22/00707/B                                     Page  3  of  5

"Council of Ministers have agreed the following Policy with immediate effect:

In order to continue to incentivise and support site redevelopment and the associated economic development, Planning Approval should not normally be given for brownfield sites to be used as temporary car parks."

4.0 REPRESENTATIONS 4.1 Highway Services comment (06.07.2022); " After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that highway licences may be necessary for use of the highway during works for equipment and materials in particular to strengthen the dropped crossing of the footway and protect the tactile paving."

4.2 Douglas Borough Council have no objection (08.07.2022).

5.0 PLANNING HISTORY 5.1 The following applications are considered relevant in the determination of this application;

5.2 Temporary car park for use by the Department of Health - 18/00627/B - APPROVED on 02.08.2018 with the following condition;

"C 1. The use hereby approved shall be for a limited period of 8 months from the date of this approval and on (or before) the expiry of this approval the use shall be discontinued.

Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need."

5.3 Conversion and extension of nurses' home to provide 37 apartments and cafe with takeaway with associated car, motorcycle and bicycle parking and landscaping - 22/00254/B - APPROVED subject to Legal Agreement on 30.05.2022. it should be noted works have commenced on site i.e. precursor works to implementing the approval.

6.0 ASSESSMENT 6.1 Whilst the provision of temporary car parks within the town can be useful as a stop gap between a site being cleared and its re-development, they can also become less attractive elements of the streetscene as, because they are only temporary, little effort can be spent on tidying and improving the appearance of the site - the various car parks along the back Strand Street and Market Street are examples of this, as are the car parks at the corner of Peel Road and Circular Road and opposite Tesco.

6.2 Due to the concern of potential development sites being uses for these uses, and not redevelopment, the Council of Ministers indicated that; "...Planning Approval should not normally be given for brownfield sites to be used as temporary car parks."

6.3 In this case there are considered to be acceptable reasons why a temporary period of 30 months for temporary parking for storage of plant vehicles and equipment for use by the Manx Development Corporation should be allowed. These are:

The time period of 30 months would facility sufficient time for the works to the nursery home to be completed, which will facility the main purposes of the Manx Development Corporation which is to development brownfield site in Douglas and the rest of the Island; 2. With the above in mind, namely the Manx Development Corporation it is their own interest to keep sites for being used as temporary car parks, as this would go totally against the reason for the corporation to exist; 3. The car park proposed is not for rental to private individuals or business i.e. monetary gain, rather to provide the contractors an area in which to establish their site, store material,

==== PAGE 4 ====

                                      22/00707/B                                     Page  4  of  5

plant equipment and various contractors vehicles as there is limited space on the nurses home site; 4. The proposal will also help prevent construction vehicles parking on the public highway which is in high demand in the area; and 5. There is no planning approval for an alternative development on the site, which may take a period to prepare and have approved.

7.0 CONCLUSION 7.1 Accordingly, for these specific reasons and as the proposal would have no adverse impacts upon public or private amenities or have any adverse highway safety concerns it is considered in this case the temporary use of this site for 30 months is acceptable.

7.2 The application is recommended for an approval.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Committee Meeting Date: 08.08.2022

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.

==== PAGE 5 ====

                                      22/00707/B                                     Page  5  of  5

PLANNING COMMITTEE DECISION 08.08.2022

Application No 22/00707/B Applicant Manx Development Corporation Proposal Creation of a temporary parking for storage of plant vehicles and equipment for use by the Manx Development Corporation Site Address Ballacloan School (former) Demesne Road Douglas Isle Of Man IM1 3DX Principal Planner Mr Chris Balmer Presenting Officer As above Addendum to the Officer Report

In response to a question from the Members, the case officer confirmed that the conditions should also refer to materials, and amended his recommendation accordingly.

C 1. The uses hereby approved for the creation of a temporary parking for storage of plant vehicles, materials and equipment for use by the Manx Development Corporation only shall be for a limited period of 30 months from the date of this approval and on (or before) the expiry of this approval the use shall be discontinued.

Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need.

C 2. The creation of the temporary parking for storage of plant vehicles, materials and equipment for use by the Manx Development Corporation shall only be used for works associated with the conversation of the Former Nurse's Home development (PA 22/00254/B) and for no other purposes.

Reason: approval have been submitted and approved on the grounds of specific reasons namely to facility the re-development of the Former Nurse's Home. No approval is granted for the use of the site for any other purposes.