**Document:** DEC Officer Report
**Application:** 18/01204/B — Alterations and improvements to two existing bus stops
**Decision:** Refused
**Decision Date:** 2019-05-01
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/29919-malew-bus-shelters/documents/1050093

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# DEC Officer Report

**Application No.:** 18/01204/B
**Applicant:** Department Of Infrastructure
**Proposal:** Alterations and improvements to two existing bus stops
**Site Address:** Bus Shelters The Parade Castletown Isle Of Man IM9 1LG Principal Planner: Miss S E Corlett
**Photo Taken:** 11.02.2019
**Site Visit:** 11.02.2019
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 08.04.2019 _________________________________________________________________ Conditions of Approval C : Conditions of Approval N : Notes - 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. - C 2. This approval relates to the alterations to the kerb on both sides of The Parade: no approval is hereby granted to the erection of a bus shelter on the new area of paving in front of 2 and 3, The Parade as shown in the submitted drawings. Reason: The introduction of the bus shelter as proposed, or in any form, would have an adverse impact on the character and appearance of the Conservation Area, contrary to EP35 of the Strategic Plan. - C 3. The new paviors must match in size, colour and texture, those alongside which they would be installed. Reason: In the interests of the character and appearance of the Conservation Area. _______________________________________________________________

### Interested Person Status – Additional Persons

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 6(4):

7, The Parade 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 owners/occupiers of the following property 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 6(4):

44, The Crofts, as this is 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, 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

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR APPROVAL

## THE SITE

1.1 The site falls into two parcels of land which lie on opposite sides of The Parade in the centre of Castletown. To the north is the southern perimeter of Castle Rushen, to the north west are 1, Castle Street and 1, 2 and 3, The Parade with the entrance to the long stay car park to the south east of number 3. To the south is St. Mary's - a former church which is now offices and to the south west are 5, 6, 6A, 7, The Parade and the current Co-op and post office. The site is part of the highway in both cases. - 1.2 The highway on the western side currently takes the form of a pavioured footway which has black coloured bollards at the edge. There is a bus stop marked in paint on the ground in front of 5, 6 and 6A, The Parade along with a bus shelter which sits in front of 6 and 6A, The Parade. The shelter is formed by a black frame with two open sides and glazed in the upper part. The shelter was installed as part of a scheme of street furniture some years ago. - 1.3 The highway on the eastern side has no bollards but is also pavioured with 7 car parking spaces accommodated at right angles to the footway. The bus stop sits perpendicular to the rear of spaces. There is a similar bus shelter located at the north western end of the area beneath two established trees. THE PROPOSAL

2.1 The application proposes works to enable the bus to be able to pull fully in to the/a kerbside. At present on the western side of The Parade, the alignment of the existing carriageway makes it difficult for the bus to pull parallel with the kerb and in order for it to pull close enough to enable passengers to step onto it from the footway, the back end of the bus would then come into contact with the shelter when pulling out to negotiate the turn towards Castle Street. The proposal involves the building out of the footpath so that it is a similar angle to where the bus currently sits when passengers alight and board, stepping out by around 1m and at its widest, introducing additional paving up to 1.5m from the existing kerb. The additional surfacing will be finished in materials to match those alongside. The existing bus shelter will remain in situ.

2.2 On the other side of The Parade, the bus shelter is to be relocated to the south eastern end of the existing footway where the most southerly parking space currently sits. The area around this space will be paved to match that alongside and the shelter will sit at right angles to the main footway and the bus stop which will remain as it currently is at the back of the parking spaces. New gullies will be installed to run under the new area of paving. The applicant suggests that the existing location of the shelter is some distance from the bus doors once it has stopped for boarding/alighting and where passengers have to walk between the bus and any parked vehicles which can be difficult for the less mobile and those with wheelchairs and prams. - 2.3 Following concerns expressed by the Registered Buildings Officer about the introduction of a new bus stop in a more prominent position alongside a number of Registered Buildings, the proposed bus shelter in front of 2 and 3, The Parade is no longer proposed. PLANNING POLICY

3.1 The site lies within an area of Mixed Use on the Area Plan for the South (2013). The site also lies within Castletown's Conservation Area. If the site were not within the CA then planning approval would not be required for these works as they could be undertaken under Classes 2 and 12 of Schedule 1 of the Town and Country Planning (Permitted Development) Order 2012. - 3.2 Development within a Conservation Area must preserve or enhance the character or appearance of the Area in accordance with EP35 of the Strategic Plan and Planning Policy Statement 1/01. - 3.3 The Strategic Plan also requires that work which is in accordance with the land use designation should accord with the following:

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:

- (c) does not affect adversely the character of the surrounding landscape or townscape;

- (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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them.

3.4 The Strategic Plan also makes it clear that the safety of pedestrians will be given as much as that of vehicular traffic (Transport Policy 6), adding, "pedestrians need safe and convenient means of crossing and passing along roads" (paragraph 11.4.1). At 11.2.4 the Plan states: "Works to existing traffic routes in order to make them usable by full size buses and more attractive to pedestrians and cyclists are also to be encouraged."

## PLANNING HISTORY

4.1 The highway has recently been the subject of proposals for regeneration which involved the change in layout of the central parking area, new paving and signage (14/00373/B). The buildings around the square have been the subject of various applications for alterations, changes of use and extensions, none of which is considered to affect or be affected by the development now proposed.

- REPRESENTATIONS
- 5.1.1 Castletown Commissioners objected to the application on 04.12.18 as they would prefer the Douglas-bound bus stop to be relocated to the rear of the Town Hall on Farrant's Way. They also believe that the scheme should be part of a wider-ranging project which involves consultation with local people and the opportunity taken to upgrade the existing furniture which is in poor condition and in their view, unsuited to the Conservation Area and the frontages of the Georgian properties alongside. They would appreciate time for further discussion with the applicant to take place (10.12.18).

5.2 Highway Services do not object to the application (29.01.19). They note that there would be a reduction from 6 to 5 spaces to facilitate the works but the works will enable passengers to access the bus directly from the footway. Also, in respect of the southern side of the square, the works will create a smoother kerb alignment in comparison to the existing which should assist buses in manoeuvring into and out of the stop. They state that there are no vehicular accesses adjacent to the proposed raised kerbs. They summarise by stating that the works will provide a highway benefit which outweighs the loss of an on-street parking spaces, particularly as there is alternative public parking available in the town centre. - 5.3 The owner of 7, The Parade, writes in as a neighbour of the site and one who has observed how buses currently use the site. She notes that buses seldom currently park within the marked yellow lines and whilst there has been a safety assessment undertaken, she is concerned that buses may continue to pull up in other locations or remain in the middle of the road where they swing naturally. She has little confidence that the buses will stop in the marked locations and the extension of the raised kerb will increase the likelihood that buses will pull up at any point alongside it and she believes that the length of raised kerb should be reduced to reflect only that area where passengers should alight/board. She also believes that the scheme should have a mechanism for ensuring that the buses park within the yellow bays, if the safety of the scheme is based upon this. She clarifies that she has vehicular access to their property between 6A and 7, the Parade and this is frequently blocked by buses: this access is required for the delivery of coal, oil and wood. Whilst this appears to be kept clear in the plans, she is concerned with the height of any new kerb which could prevent vehicular access. Whilst the proposals for the northern side retain the existing situation, she considers that the opportunity should be taken to address what she sees as an unsatisfactory position of a bus stopping immediately behind existing parked cars. Finally, she believes that the works will detract from the character and appearance of the Conservation Area (undated letter received on 14.12.18 and an e-mail dated 12.02.19). - 5.4 The owner of 44, The Crofts objects to the proposal on the basis that the scheme proposes the loss of seven spaces and she would not be opposed to the loss of two and the retention of five. Whilst the situation is not ideal, those parking understand that they may have to wait whilst the bus parks and this inconvenience is outweighed by the advantage of having the parking spaces (14.12.18).

ASSESSMENT South western side of The Parade

- 6.1.1 On visiting the site and observing the buses stopping on both sides of The Parade (11.02.19), it is clear that on entering The Parade from the south, buses have to swing out to negotiate the corner between 5, The Parade and St. Mary's, resulting in the vehicle sitting at an angle to the footway and the back of the bus sitting out into the carriageway and not in the allocated bay. When manoeuvring back out, the back of the bus swung back in towards the bus shelter. On the other side of the road, the bus stopped such that the front of the bus where the pedestrian access is, was at the St. Mary's end of the row of parking spaces, furthest away from the shelter.

- 6.1.2 The applicant has advised that there should be no impact on the access serving 7, The Parade from the proposed works. No obstructions are proposed and the bus should not stop in any different position along this length of the paved area.
- 6.1.3 Whether the bus parks in the appropriate place is not a matter which can be controlled by the planning process but the works proposed here will make it more likely that this happens. North easterly side of The Parade

- 6.2.1 The proposal no longer includes the relocation of or the introduction of a new shelter, but will include the building out of the kerb which will involve the loss of one, not all of the parking spaces here. The paved area will be similar to that on the other end of the bus stop where the shelter currently sits.
- 6.2.2 The new kerb will affect traffic coming and going to and from the long stay car park. However, this will not reduce visibility of vehicles coming and going and will direct vehicles to a narrower route in and out. There is no objection to this from the highway authority. General conclusions
- 6.3 The Commissioners' concerns about future plans for the town, are understood but it is not an appropriate reason to refuse an application simply because potential future plans have not yet been drawn up and agreed, or that the scheme could be done differently. What must be determined is whether what is proposed now has any adverse environmental impact and it is not considered that it would. Whilst the relocation of the bus shelter would have offered bus passengers a more safe and convenient experience, on balance, considering the impact of such works on Registered Buildings and the character and appearance of the Conservation Area, it is considered that these adverse impacts outweigh any benefits for passenger convenience and safety.

## CONCLUSION

7.1 It is considered that the proposed works accord with the relevant Strategic Plan policies and the application is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) 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 it under the appropriate delegated authority.

Decision Made : …Refused……….... Committee Meeting Date:…29.04.2019

Signed :………S CORLETT………….. 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.

### Planning Committee Decision 29.04.2019

Application No. : 18/01204/B Applicant : Department Of Infrastructure Proposal : Alterations and improvements to two existing bus stops Site Address : Bus Shelters

The Parade Castletown Isle Of Man IM9 1LG Principal Planner : Miss S E Corlett Presenting Officer As above Addendum to the Officer’s Report The Planning Committee refused the application at its meeting of 29th April, 2019 for the following reason:

The proposed works, in particular the introduction of the new paved area on the northern side of the square, are likely to exacerbate an already difficult and potentially unsafe situation where vehicles entering and leaving the long stay car park are in conflict with pedestrians, buses and other parked vehicles, to the detriment of both vehicular and pedestrian safety, contrary to Transport Policy 7 and General Policies 2h and 2i.

### Reason for Refusal

R 1. The proposed works, in particular the introduction of the new paved area on the northern side of the square, are likely to exacerbate an already difficult and potentially unsafe situation where vehicles entering and leaving the long stay car park are in conflict with pedestrians, buses and other parked vehicles, to the detriment of both vehicular and pedestrian safety, contrary to Transport Policy 7 and General Policies 2h and 2i.

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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/29919-malew-bus-shelters/documents/1050093*