DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00574/B Applicant: David Humphrey Proposal: Change of use from public car park to contract car park including alterations to parking layout and the installation of entry and exit barriers Site Address: Car Park Farrants Way Castletown Isle Of Man Planning Officer: Miss Lucy Kinrade Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 24.01.2023

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.

N 1. The applicant is to be reminded of their obligations under the Highway Act 1986 in respect of surface water not entering a highway.

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

By reason of its acceptable visual and highway safety impact, and the nature of the new use working in conjunction with the parking strategies indicated by the Local Commissioners it is considered that the application is acceptable and accords with Strategic Policy 1, Environment Policy 35, General Policy 2 (b, c, g, h and i) and Appendix 7 of the Strategic Plan, and with the general principles of paragraphs 3.9.2, and at 7.3.5 of the Area Plan for the South 2013.

Plans/Drawings/Information; This approval relates to the following information:

• o FAR_APL_03 - Location Plan
• o FAR_APL_01 A - Site Plan as existing A1
• o FAR_APL_02 - Site Plan as proposed A1 all date received 11/05/2022

and emails from the agent/applicant dated 26th October 2022 and 04th November 2022. _______________________________________________________________

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:

• - DOI Highway Drainage

It is recommended that the owners/occupiers of the following properties 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 owner of 37 Castle Court Apartments - as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021). _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS BEFORE THE COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER

1.0 SITE - 1.1 The application site relates to an existing car park on the southern side of Farrants Way and alongside Castle Court Apartments, Castletown. - 1.2 The car park has 64 spaces split into three bays all access from a single shared route off Farrants Way which also provides access into parking for the apartments.

2.0 PROPOSAL - 2.1 The current application proposes a rearrangement of the car parking layout and its change of use to contract car parking. - 2.2 The works include a layout change to provide a one way 'in and out' system and with the installation of a traffic barrier and fob reader at the entrance into the car park, and a new barrier at the exit. - 2.3 Layout changes will result in a reduction of 6 car parking spaces to 58 spaces to allow the new layout to be installed.

3.0 PLANNING HISTORY - 3.1 The site was originally approved under PA 03/00520/B and later approved for window changes under PA 06/01655/B. There was then a further application approved for surface changes to the public car park approved under PA 07/01583/B.

4.0 PLANNING POLICY - 4.1 The site is designated on the Area Plan for the South 2016 as 'Car Park', the site is also within the Castletown Conservation Area. The site is not recognised as being at any flood risk. - 4.2 The Area Plan for the South 2013 written statement specifically references the car park at paragraphs 3.9.2, and at 7.3.5 it recognises that some of the older, more central parts of the larger settlements suffer parking difficulties from time to time, and whilst there are public

• car parks available they are often subject to different management arrangements and this can affect their availability.
• 4.3 The Strategic Plan 2016 Appendix 7 covers car parking standards and A.7.4 states that most established shopping centres do not have on-site parking and many are pedestrianised (including Castletown). It indicates that it is essential that servicing and access is made to these shops for things like deliveries and that there are sufficient areas of public car parking either in car parks or on street for staff and customers and that adequate controls are in place for these to be available to those who need them. A.7.5 and A.7.5.1 indicate that the control of public parking provision is an important element in any overall parking strategy and may include measures outside of planning control such as parking charges and improved enforcement measures, and planning conditions and Section 13 agreements could assist in effective management and availability of the spaces. Environment Policy 35 seeks development in Conservation Areas to preserve or enhance, whilst General Policy 2 covers the general standards towards acceptable development. Strategic Policy 1 seeks to make best use of sites and existing infrastructure.
• 4.4 Area Plan for the South 2013:

• 4.4.1 Paragraph 3.9.2: In terms of office space, Castletown has the third largest amount of office accommodation on the Island, providing not only local employment, but also support for shops, restaurants, and Public Houses in the Town. New retail space has recently been created at Callows Yard, and a car-park has been constructed on Farrant's Way, but, in the absence of opportunities for larger shops, specialist shops are likely to remain important. The Castle, the other Manx National Heritage sites, and the Steam Railway bring many visitors to the Town, again providing support for shops and restaurants.
• 4.4.2 Paragraphs 7.3.5: In terms of parking, it is not necessary to include specific requirements for the South. The Isle of Man Strategic Plan is relied upon for guidance on parking standards to be applied to new development and these standards are applicable across the Island. It is recognised that some of the older, more central parts of the larger settlements suffer parking difficulties from time to time. Whilst there are public car parks available in most town and village centres, they are often subject to different management arrangements and this can affect their availability.

4.5 The Strategic Plan 2016 - Appendix 7:

• 4.5.1 Paragraphs A.7.4: Most shopping facilities in established centres do not have on-site parking provided due to the intensive form of development and their location off the main highway, often in pedestrianised streets (Peel, Castletown, Douglas and Ramsey in particular). In most of these cases, provision is made for servicing outside trading hours from relaxation of the access regulations and the use of de-mountable bollards and rear access lanes. It is impracticable to require on site car parking for either staff or customers in such locations although it must be feasible for retail developments to be serviced. It is equally essential that there are available sufficient areas of public car parking either in car parks or on street, and that adequate controls are in place for these spaces to be available to those who need them.
• 4.5.2 Paragraph A.7.5: Encouraging greater use of public transport may involve a range of parking management measures and not just the relaxation of parking standards for new development. The control of public parking provision is an important element in any overall parking strategy, and may include the use of measures which are outside planning control such as parking charges and improved enforcement measures. Traffic management measures can however, play a role in the management of newly created public car parks, for example by conditioning a planning approval to ensure the effective management of the available space.
• 4.5.3 Paragraph A.7.5.1: Under the provisions of section 13 of the 1999 Town and Country Planning Act the Department may seek to link planning permissions with Planning Agreements where problems cannot be overcome by the use of planning conditions. These agreements

may, inter alia, 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.

5.0 REPRESENTATIONS - 5.1 Castletown Commissioners - prior to receiving formal comments the Dept. was copied into email correspondence between the Commissioners and a local resident dated 20/07/2022 and 12/07/2022. These emails indicated that the Commissioners had written to existing residential contract parking holders to advise that they are minded to cease the parking provision given that many of these spaces are empty during periods of peak demand, and that the long term plan of the Commissioners was always to consolidate contract parking provision. The demand for contract parking exists and provided that rates were realistic the Commissioners would support the applicant's proposals as part of their wider parking strategy.

• 5.1.1 The local resident raised concern as to the lack of detail about whether this car park will remain available for public use and there is no detail as to the type of payment system to be installed, and if this becomes contract parking it would have a knock on effect for visitors to Castletown. The Commissioners respond stating that they regret for net loss of car parking spaces, but are not unsupportive of the proposal if it results in a pro-actively managed car park as opposed to a dumping ground of untaxed vehicles. The Commissioners have long considered this car park playing a key role in the wider parking solutions but the proposals to acquire the site have not been supported by central government. Whilst it is understood to be a public car park there appears to be a lack of clarity regarding the exact condition. There is significant demand for contract car parking and there have been discussions of consolidating contract car parking to this site thus freeing up more short stay parking elsewhere in the town. There was an extended trial to refund 2 hours parking in the pay and display but no takers. The Commissioners will seek clarification as to the fob access and there doesn't seem to be any reason why the car park cannot fulfil both roles.
• 5.1.2 Following the above the Commissioners provided formal comments dated 16.01.2023 NO OBECTION. These comments stated that they are disappointed with the potential loss of parking spaces as a result of the layout changes and fitting the new apparatus, and in an ideal world they would like to see the car park providing public parking free of charge at the point of use, or a mix of both, they are not naïve enough to believe that this is an option without dedicated enforcement.
• 5.1.3 Castle Court car park plays a key part in the future parking strategy of Castletown, however this car park is outwith their control and until this is determined it is difficult to bring forward a wider plan to achieve a balance for competing demand with their own car parks.
• 5.1.4 They indicate there is a demand for contract parking in Castletown which exceeds what they are able to supply particularly from corporate users. There is also a problem with vehicle owners abusing short term parking restrictions. They provided photographs to support this, stating that they imagine a large percentage being long stay and untaxed being moved out of the Commissioner car parks.
• 5.1.5 The Commissioners close by stating that they had previously sought to acquire the car park with the intention to consolidate their corporate contract parking, but this was not supported by DOI.

5.2 DOI Highway Services - Do not oppose (01/06/2022) - no significant negative impact upon highway safety, network functionality and /or parking. The Applicant should consider installing bicycle parking and electric vehicle charging points to at least 10% of the total amount of spaces and ducting to the remainder to aid net zero objectives. - 5.3 DOI Highway Drainage - comments (20/12/2022) - there are no details of interphase of surface water run-off provided, and allowing surface water run off onto a public highway would

• contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the manual for Manx Roads.
• 5.4 The owner of 37 Castle Court Apartments - objection (29/05/2022) People already park in the pay and display public car park without paying and also in the private car park of the apartments. The proposal will indeed prevent non-paying but there is concern that the proposal will result in increased trespass nuisance on their private car parking area. As a result of nuisance car parkers in the private resident spots this has resulted in residents having to park in the pay and display until the trespass vehicles has gone. The proposal will likely increase this knock on effect.

6.0 ASSESSMENT Planning History of Site - 6.1 The apartments and car park were originally approved at appeal under 03/00520/B and as part of that approval two conditions were added specifically relating to the car park being 'public' and stating:

• 6.1.1 C11. Prior to the commencement of the development, a scheme to indicate the adoption and management of the public car parking must be submitted for consideration and approval by the Planning Authority.
• 6.1.2 C13. The public car parking area must be formally laid out and available for use prior to the occupation of the penultimate apartment.

6.2 As part of the appeal process for 03/00520/B closing comments by the Commissioners indicated that something had to be done with the entire vacant site and they accepted that it could not be exclusively used for public car parking, but as much as possible of that site should be used for that purpose as well as the apartments. - 6.3 The assessment by the Inspector states that a previous refusal on the site had no public car parking and so the proposal for 64 spaces was more in keeping with the local plan zoning, even if the Commissioners argued that there was a requirement to provide 90-100 public car parking spaces. The availability of the site for parking by the land owner could be terminated at any time, and that its use was influenced by the fact that it was free and with no time limits. Taking into account the various factors the Inspector concluded that the provision of 64 spaces represents a reasonable and acceptable level of provision and a significant gain for those wishing to park whilst visiting Castletown. - 6.4 In 2007 approval was granted under PA 07/01583/B for 'change of surface of public car parking from previously approved paviors to tarmac' the applicants reason to change the surface was to make the public car parking more identifiable to public users compared to the paved private car park of the apartments, and would help to minimise maintenance costs if and when the public spaces are adopted. - 6.5 It is clear from planning history and from the current arrangement that the car park has always been intended for and available for use as a public car park since its original approval as part of 03/00520/B, including as a pay and display car park up until the payment machine broke and users began parking without limitation and for free. Assessment of Current Proposal - 6.6 The proposal now seeks to reduce the number of car parking spaces to 58 and to reconfigure the layout to allow the installation of barrier controlled entrance and exit. There are three key issues to consider as part of the application i) amenity and highway impacts as a result of the loss of parking spaces, ii) the visual and amenity impacts of the new barriers and

car park layout changes, and iii) whether there are any implications on the intended future use of the site being contract parking only.

• i) the reduction of parking spaces

6.7 In terms of the reduced number of spaces, the car park has always been intended for public use and has not been specifically associated with any development requiring parking standards to be met, and this still remains the case. So whilst the reduction to spaces would be a loss to the Castletown area, it is not considered wholly unacceptable in its own right nor to result in any increased or adverse highway safety issues compared to the existing arrangement and use. - 6.8 It is noted that the existing car park does not have any disabled spaces, no EV charging points nor any cycling parking. While it is disappointing that the applicant is not seeking to include these facilities moving forward, it is perhaps not a reason for refusal on these grounds alone given the existing situation not having these facilities.

• ii) the installation of barriers and layout changes

6.9 The physical works associated with the introduction of the barriers is not considered to be unacceptable. The site is not within the conservation area and the nature of the works is not considered to be so out of keeping with the appearance of this side of the road and surrounding context as to create and visual harm. - 6.10 A comment from DOI Drainage has been received in respect of surface water however the car park already exists and it is not felt that the proposal would increase the impact on surface water beyond the existing arrangement, also minded that there is separate legislation which covers surface water entering the highway (Highway Act 1986). A note will be added to remind the application of this obligation.

• iii) intended future use of the site.

6.11 Where concern lies is in the future implication of the 'public' availability of the car park as a result of barriers being installed, also minded that we have no detailed information on how these barriers will operate. - 6.12 The applicant disputes that contract car parking is still for 'public' use (email 22/07/2022), however from the Commissioners comments and from the local constituent comments, there appears to be a difference between the interpretations of 'public' use and 'contract' parking use. The latter likely being more akin to a private use and less readily available to general members of the public and visitors to Castletown. - 6.13 It is recognised that this site is privately owned and always has been, but that planning history, previous conditions and on-going public use with or without the payment machines reinforces this long established use by the public. It's availability for such use required as part of the 2003 planning conditions. - 6.14 The Commissioners have clearly indicated that this car park plays a key role in the wider Castletown parking solution and that there is a significant demand for contract parking in Castletown particularly for corporate users and the consolidation of this contract parking to this site would free up more short stay spaces in their own car parks for visitors and overnight parking. - 6.15 In response to a query regarding public and contacting parking use, the Commissioners state that there does not seem to be any reason why the car park cannot fulfil both roles, but that they do not believe this to be achievable without dedicated enforcement. - 6.16 The difficultly here is that the original intentions of the car park were for it to remain for public use and managed accordingly. It is clear that over time there have been attempts to

• keep this car park available to the public albeit as a pay and display rather and not free. It is seems that from 2010 google street view images and aerial image that when operating as pay and display car park it was underused with people likely opting to park in free disc zone car parks or on street spaces.
• 6.17 The complications here are that the land is privately owned and not owned by the Commissioners and so understandable that the owners would like to see the site make some revenue. The car park is designated as a car park in the area plan for the south, but there is no specific detail in the supporting written statement to clarify this use be private or public. The Commissioners have stated that their intentions were to buy this car park and consolidate their contract spaces here. They have specifically stated that they have no objections to the application and DOI have indicated that they do not oppose. On balance it is felt that the installation of the entry and exit barriers and the nature of its use change to a contract parking area would align with the Commissioners indicated strategy for the parking situation in Castletown and it is expected that in the long term their car parks would become less congested with contract parking and allowing a more free flow of parking spaces for visitors to Castletown.

7.0 CONCLUSION - 7.1 The physical works to the car park including the arrangement layout and installation of barriers would not be considered to have any adverse visual impact nor create any highway safety impacts. Whilst restricting the free flow of 'public' car parking at this specific site, the Commissioners have indicated a view in favour of the proposal giving them opportunity to redirect their contract spaces to a consolidated site and allowing them to utilise their car parks for more short term friendly visitor parking. - 7.2 On this basis, it is considered that the application is acceptable and to comply with Strategic Policy 1, Environment Policy 35, General Policy 2 (b, c, g, h and i) and with the principles of Appendix 7 of the Isle of Man Strategic Plan, and with the general principles of those at paragraphs 3.9.2, and at 7.3.5 of the Area Plan for the South 2013.

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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 30.01.2023

Signed : L KINRADE 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

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