**Document:** Officer Report
**Application:** 16/00460/B — Alterations to approved PA 15/00075/B: Reconstruction of the highway and footpaths, drainage, services, street lighting, street furniture and signage
**Decision:** Permitted
**Decision Date:** 2016-06-06
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/21216-german-market-place-to/documents/1010875

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# Officer Report

**Application No.:** 16/00460/B
**Applicant:** Department Of Infrastructure Highways Division
**Proposal:** Alterations to approved PA 15/00075/B: Reconstruction of the highway and footpaths, drainage, services, street lighting, street furniture and signage
**Site Address:** Market Place: Douglas Street To Michael Street: Michael Street To Orry Lane Peel Isle of Man Case Officer : Miss S E Corlett
**Expected Decision Level:** Officer Delegation

Officer’s Report THE SITE

1.1 The site is a section of highway, including public conveniences and street furniture, which runs from Orry Lane in Michael Street down to join Douglas Street as far as the public car park down as far as and including the Market Place as far as the start of Patrick Street. The site includes the edge of St. Peter's Church, a ruined ancient church site. - 1.2 The site is the same as that identified in PA 15/00075/B which proposed a scheme of highway and street furniture regeneration. This was proposed at a time when the planning authority was part of the Department of Infrastructure who was also the applicant and as such the proposal was considered by the Council of Ministers following a report and recommendation from an independent inspector and inquiry. This scheme was approved and work has commenced upon it. Conditions were imposed upon the approval relating to samples of the finish which have been satisfied. The inspector considered that the current carriageway finish is poor and does not contribute positively to the character of the Conservation Area or town centre and also that the materials do not appear to have any historic relevance. He considered that the area would be enhanced by the proposed resurfacing and a streamlined scheme for street furniture and recommended approval which was accepted by COMIN. THE PROPOSAL

2.1 Proposed is virtually the same scheme other than the provision of additional vehicle manoeuvring surface as it turns from Market Place into Michael Street to allow for an easier passage of larger vehicles. Other changes include bench seating, Manx Telecom cabinet and lighting and planting changes at the entrance to the scheme area from Lake Lane and Patrick Street slight changes to the step features by St. Peter's Church and a slight increase in parking space length in front of the public conveniences. Michael Street will be slightly wider opposite 8, Michael Street than

- as previously approved. As previously, the scheme introduces granite sett paving along Michael Street with contrasting footway paving. A new street light will be introduced at the corner of Michael Street and Orry Lane. Douglas Street will be finished in tarmacadam with a buff coloured grip finish and a new street light introduced at the corner of the street with Red Lane and a new illuminated bollard introduced alongside the ATM. The current raised paving will be replaced by surface level footways distinguished by colour rather than level, with the aim of creating a more pedestrian friendly environment. The roadway will be widened slightly outside the ATM to accommodate those who stop and park whilst attending the ATM although this widened area has been designed not to look like a parking space.

2.2 Within the Market Place, parking spaces are to be removed in front of the Manx Wildlife Trust shop (number 8) and traffic directed along specific routes rather than being allowed to manoeuvre within the full expanse of tarmac as is the case at present although with areas of run off for larger vehicles getting round the corner. Car parking spaces will be provided on both sides of the road in front of the public conveniences where the existing footway will be reduced in width and an entrance feature created at the start of the new paving, with two small planted features on either side of the vehicular entrance into the public car park. The wall around the southern part of St. Peter's Church is to be removed and new stepped and ramped feature introduced with information boards and litter bins. - 2.3 New side entrances are to be created to the seated waiting area at the front of the public conveniences. - 2.4 A new 1.8m high screen (0.3m lower than previously approved) will be introduced to the south west of the public conveniences on which local art work will be displayed. - 2.5 It is intended that any renewal of services within the highway will be undertaken in tandem with the works to avoid disruption to local businesses and residents. - 2.6 The proposed signage includes conventional road signs - one way, give way etc as well as disc zone signs. Signs 1 and 2 are on a lighting column with one having a disc zone starts sign and the other a disc zone stops sign. Similarly on the other side of the junction there are two signs and poles to which the same comments apply. Signs are proposed on poles alongside the parking spaces to indicate the nature of stay permissible. Signs 11, 12, 13 and 14 are either side of the entrance to Castle Street as with signs 16 and 17 at the start of Market Street. Signs 19 and 20 both indicate a one way system and are very close to each other alongside a disc zone ends sign although as there are no parking spaces provided until the next disc zone in Atholl Place this may suggest that any parking spaces which are apparent to the motorist (but are not actually parking spaces) may not be subject to parking control under the disc system). A sign indicating the times when Michael Street is pedestrianised will be placed at the western end of Michael Street with a one way sign on Michael Street indicating to motorists using Orry Lane which way along Michael Street they should turn. PLANNING POLICY AND STATUS

3.1 The site is within a larger area designated as Mixed Use on the Peel Local Plan of 1989 and is also entirely within Peel's Conservation Area. Interestingly, the Peel Local Plan refers to a scheme initiated for Market Place which aimed to set standards for the town in terms of sympathetic surface materials, street furniture, tourist information and landscaping (paragraph 9.7). - 3.2 As the site lies within the Conservation Area, Environment Policy 35 is relevant, which states:

"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

3.3 Planning Policy Statement 1/01: Conservation of the Historic Environment of the Isle of Man contains information on conservation areas as follows: - 3.4 "The guidance is produced in order to assist Departments of Central Government, Local Authorities as well as property owners, developers, special interest groups and all members of the public with an interest in the conservation of the unique and special qualities of the environment of the Isle of Man. It is important that in order to provide the requisite amount of protection and enhancement of our historic environment, there should be in place within the planning system, a framework of policies which address the protection of the historic environment, whilst balanced with the need for economic growth. We must,

- accordingly, ensure that the means are available to identify what is special in the historic environment, so that when proposals come forward for change or new development, we are able to assess their impact on the historic environment, and give it full weight, alongside other considerations."
- 3.5 "POLICY CA/1 - IDENTIFICATION OF SPECIAL CHARACTER It is the quality and interest of areas, rather than that of individual buildings which should be the prime consideration in identifying conservation areas. Features such as:-

- o The historic street pattern and definition of property boundaries;
- o A particular mix or variety of uses;
- o The use of materials or styles local to the particular area, or the island;
- o The quality of "period" architecture;
- o The quality and detail of contemporary buildings;
- o The survival of building types or features, such as shop fronts, street furniture, decorative ironwork;
- o The presence and form of hard and soft landscaping;
- o The quality of enclosure, spaces between buildings and vistas along streets; The presence of green open spaces and trees as "breathing spaces";
- o The presence of water in the landscape: this might be in the form of a stream, river, weir or waterfall, dub or pond, lake, estuary, harbour or coastline. Other physical features, not listed above, may also make a major contribution to the over all interest of a locality. Conservation area designation should take account of and recognise the wide variety of qualities, including the historic development of the neighbourhood, which can all serve to be important in making up the unique and special character of an area."

3.6 "POLICY CA/4 - PROPOSALS FOR PRESERVATION AND ENHANCEMENT It is important that designation is not seen as an end in itself, but that there be an opportunity for the designation to be considered in a wider context, such as that of an area plan. It is this overview which will basically determine the long term validity and prosperity of the conservation area. For example, proposals and policies contained within an area plan may take the opportunity to improve matters such as traffic congestion in and around a conservation area by traffic management and improvement, the provision of off-street parking and the introduction of some pedestrian or bicycle priority ways. The plan will also prescribe the use of land and buildings within the conservation area and beyond and may indicate opportunities for enhancement by restoration and re-use, or if appropriate, for replacement of elements within the conservation area which detract from the special character of the area." - 3.7 "IMPACT ON THE HISTORIC ENVIRONMENT OF TRANSPORT AND TRAFFIC MANAGEMENT IMPACT OF PROPOSALS TO BE MINIMISED Major new transport infrastructure development can have an especially wide-ranging impact on the historic environment, not just visually and physically, but indirectly, for example by altering patterns of movement or commerce and generating new development pressures or opportunities in historic areas. There is already in place an informal framework which allows for early dialogue between the Department of Transport, the Local Authority and the Department and it is essential that such consultation should continue to take place where any changes in such infrastructure are proposed, in order to avoid or minimise impacts on the various elements of the historic environment and their settings. It is not intended that the policies which follow should replace or supersede those applied by the Department of Transport, but they are intended to provide a framework within which productive dialogue can continue to take place when considering the impact of proposed changes. " - 3.8 "POLICY TM/4 - ROADS IN TOWNS OR VILLAGES The highway authority in consultation with this department, should take measures to protect the historic environment from the worst effects of traffic. Measures such as the creation of vehiclerestricted areas, pedestrian zones or traffic-calming may be appropriate. However, there is increasing recognition that in some historic areas the total exclusion of traffic, combined with

- extensive pedestrianisation can result in a feeling of sterility, especially at night. In some cases, it may be preferable to consider limited access at selected times for all traffic, or particular classes of traffic (e.g. Buses, delivery and service vehicles)."
- 3.9 "POLICY TM/5 - VEHICLE RESTRICTION AND TRAFFIC CALMING There are available a wide range of features to bring about traffic calming: these can include road humps, chicanes, build-outs, pinch points, gateways, rumble devices, islands and overrun areas. However, some designs can be very difficult to integrate into an older streetscape with any degree of success, and without being intrusive. Where such measures are proposed as being essential, each feature or device should relate in its design and materials to the overall townscape, to ensure that traffic calming reinforces, rather than diminishes, the local character. Traffic-calming measures which employ traditional local materials and design details, when combined with tried and tested methods may help to secure the right balance. For example, the use of traditional cobbles, weathered beach stones or stone setts may prove effective in keeping down traffic speeds, though they may increase levels of road surface noise; they may not always find favour with cyclists, or persons with disabilities and this is where early consultation will help in producing a scheme which addresses the requirements of the various interested parties. It will also be necessary to consult with the emergency services before laying such surfaces to ensure that their response times are not unduly increased."
- 3.10 "POLICY TM/6 - FLOORSCAPE Floorscape can make a vital contribution to the appearance of our conservation areas. Traditional stone setts, cobbles, flagstones and kerbstones should be retained wherever possible, or reintroduced where there is historical evidence for them. In particular, where there is evidence of an historic street pattern with traditional surfaces and finishes, small block paviours and arbitrary new patterns should be avoided. Injudicious use of modern paving products in geometrical patterns which have no basis in the historical development of the locality, may detract from the overall quality of the area and dilute the strength of its special character. Tarmac dressed with a suitable local aggregate, can be a suitable and inexpensive finish for road surfaces in conservation areas. Where practical and appropriate, aggregate drives and footpaths should be retained as these can help sustain the rural or semi-rural character of some conservation areas. If a street is to be pedestrianised, it is important to retain the traditional relationship between footways and carriageway, including kerb lines. 'wall-to-wall' surfaces are often unsuitable and the scale, texture, colour and laying patterns of any new materials should be sympathetic to the areas special character and appearance."
- 3.11 "POLICY TM/10 - ROADS SIGNS AND MARKINGS Road signs and markings can also have a significant impact on a street's appearance. These should be of an appropriate character and quality without unnecessary duplication of signs and posts. Wherever possible, signs should be fixed to existing posts or street furniture. 'Street audits' can be a valuable technique of keeping a check on cumulative signage and local amenity societies may well be able to assist in carrying out such audits. The presence of garish double yellow lines indicating parking restrictions in our conservation areas is to be avoided if at all possible. Narrower lines of a different colour are already being adopted in some environmentally sensitive areas. Consideration should be given to applying waiting restrictions to areas, where appropriate, so enabling the removal of double yellow lines."
- 3.12 "POLICY TM/11 - STREET LIGHTING Local Authorities should consider carefully the selection and positioning of street lighting equipment appropriate to the age and character of the surrounding area. High pressure sodium lamps (with controlled light spillage) may be preferable in environmentally sensitive areas as they provide a white light with a natural rendition of colour. Off the peg 'period' columns and lanterns are not universally appropriate in the historic context of our Island towns and villages. Special designs reflecting established local styles and motifs are available and may be preferable."

REPRESENTATIONS

4.1 Peel Town Commissioners offer no objection, but comment that shared pedestrian space should be considered, the application includes part of Michael Street from Douglas Street to Orry Lane which is not included in the current phase of the regeneration works and the application should not include this section of the road if the Department has no intention of undertaking this work at this time (12.05.16). - 4.2 Department of Infrastructure Highway Services has raised concerns with the applicant (06.05.16). - 4.3 The owner of 21, Queen's Drive is disappointed that the scheme will make the town like any other town centre and comment that having an open sided bus shelter will make it draughty for those waiting. They recommend that the number of poles should be reduced and that artwork screens are out of place in a Conservation Area but if they have to be there they should contain information about the town. She wonders if and where an existing finger post will be relocated and she queries the appropriateness of removing the retractable bollard to control access and protect pedestrians. She asks what will happen with the granite topping on the church wall which is historically important and she doubts the sense of upgrading part of a street (Michael Street) and not continuing throughout its length (19.05.16). PLANNING HISTORY

5.1 Other than the most recent application for the regeneration works referred to above, the area which is the subject of this application has been the subject of a number of applications relating to alterations and extensions of property bordering on the highway, none of which is relevant to the consideration of the current application. There has been another scheme devised for another part of the town - reference PA 14/00003/B for a part of Derby Road in front of the Town Hall. This involves similar paving materials. ASSESSMENT - 6.1 The site lies within a Conservation Area and as such any proposal for development should accord with Environment Policy 35 and the guidelines and policies in Planning Policy Statement 1/01. The latter provides specific guidance on regeneration and traffic management schemes and it must be considered whether what is proposed accords with these principles, particularly whether the scheme conserves the unique and special qualities of the environment whilst having regarding to economic consideration and highway issues such as managing traffic in a safe and efficient way and ensuring that Peel remains an attractive place for people to visit and in which they may live. It is also important that the needs of businesses within the town are provided for and whilst the planning process does not usually become involved in the details of when and how vehicles are allowed along certain streets, it is certainly an issue for the planning process whether materials are suitable for a commercial area (taking on board the comments of Isle of Man Enterprises) as well as whether they are visually appropriate for this particular area. It is also appropriate to consider whether the scheme takes account of the special characteristics of Peel and whether what is proposed contributes to its particular sense of place. Finally, it is relevant whether the works to St. Peter's Church are appropriate to its historic setting, taking into account any benefit to the public by its enhanced visibility and pedestrian accessibility.

6.2 The scheme alters very little what already has approval under PA 15/00075/B. Whilst concern has been raised that the application should not include works which are not proposed to be undertaken in the near future, these works largely already have approval and even if they are not to be undertaken immediately, if the approval is granted, they may be undertaken at any time once the scheme is implemented and it makes little sense to omit part of the scheme now simply to have to consider it at a later date, if there is no objection to it, which there is not. - 6.3 Whilst the Commissioners express concern at the loss of pedestrian space outside the Wildlife Trust shop, this is in order for larger vehicles to be able to get around the corner easily and safely, which is in the interests of the town centre where some shops need large vehicles to deliver their

stock. In any case, the reduced area is still considerably more space than is available to pedestrians

- at present in this part of the town centre.

6.4 Whilst there is concern about the inclusion of artwork, this is something which was approved previously and specifically noted by the inspector as something which would enhance the area's function and appearance as a public meeting point and space (his paragraph 27). The general character of the area would not be changed significantly from what was approved, and considered an enhancement by the inspector commenting on the previous scheme. The omission or provision of the retractable bollard is something for the highway authority to determine in respect of highway safety. The destiny of the granite toppings of the existing church wall is not specified in the plans similar to the content of the earlier application and the inspector comments positively on the merits of improvement of the access to the church. A note could be attached to relate to the future of the granite toppings which could be used elsewhere in the town. - 6.5 In all, the scheme is considered, as was the previous one, to be an enhancement of the existing mix of finishes and materials and will bring consistency, if also a change in the appearance of the area. The town centre will be opened up, less dominated by cars and will be a more pleasant place for pedestrians to occupy which will benefit the town and those within it. The application is recommended for approval.

## PARTY STATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

In this instance, it is recommended that the following persons do not have sufficient interest to be awarded the status of an Interested person in accordance with Government Circular 0046/13 as they are not directly affected by the proposal:

the owner of 21, Queen's Drive, Peel.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 31.05.2016 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

N 1. Any materials available from the removal of the church wall should be retained for further use within the town, if practicable.

This approval relates to drawings PH02/P01, PH02/P02, PH02/P03, PH02/02/C05, PH02/C06C, PH02/P07, PH02/P08 and PH02/C10B and accompanying signage information, all received on 21st April, 2016 and PH02/C04F and drawings 183-003544CD Rev A, and two drawings titled 183003420TL Rev A all received on 4th May, 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 03.06.2016 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

## 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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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/21216-german-market-place-to/documents/1010875*