**Document:** Officer Planning Report **Application:** 06/02198/A — Approval in principle for the demolition of industrial units and erection of apartments with car parking under at ground floor level **Decision:** Refused **Decision Date:** 2007-06-26 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/82090-braddan-part-of-summerhill-quarry-apartment-demolition-outline/documents/1485596 --- # Officer Planning Report **Application No.:** 06/02198/A **Applicant:** Mr & Mrs J Blanchard **Proposal:** Approval in principle for the demolition of industrial units and erection of apartments with car parking under at ground floor level **Site Address:** Part Of Summerhill Quarry Summerhill Douglas Isle Of Man ## Considerations Case Officer: Mr Ian Brooks **Expected Decision Level:** Planning Committee Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] **Consulttee:** Chief Fire Officer **Notes:** Note to be included **Consulttee:** IOM Water Authority **Notes:** Note to be included **Consulttee:** S.P.M.C. & E. **Notes:** Comment made **Consulttee:** Drainage Services Manager **Notes:** No objection in principle subject to the inclusion of a note: **Consulttee:** Highways Division **Notes:** Do not oppose subject to the imposition of the following conditions: Consulttee: Douglas Corporation Notes: Objection Consulttee: Manx Electricity Authority Notes: Note to be included Consulttee: Wildlife & Conservation Officer Notes: Do not object to the principle of redevelopment of this site. ### Officer's Report #### Site - The application site comprises three single storey buildings located on the north western side of Summerhill, which have or are currently in use for industrial purposes. - The site is zoned as predominantly residential in the Douglas Local Plan. - The site is adjacent to the Douglas Promenade Conservation Area. - To the south west of the site is a garage workshop belonging to Protours and the residential property of No.14 Summerhill #### Proposed Development - The application is seeking approval in principle for the demolition of industrial units and erection of apartments with car parking under at ground floor. #### Planning Status And Relevant Policies - Isle of Man Planning Scheme (Douglas Local Plan) Order 1998. - Isle of Man Strategic Plan (Modified Draft) (April 2007) #### Planning History - There are no previous planning applications considered relevant to this application. #### Representations - Douglas Corporation has objected to the application on the grounds that the proposed development is an inappropriate use of the site and there are serious traffic concerns. - Drainage section of Douglas Corporation has no objection in principle subject to conditions. - Highways Division of the Department of Transport do not oppose the application subject to the imposition of the following conditions: - Parking on site shall comply with Manx Roads 1 - Sight lines of 2 metres by 90 metres shall be provided - The proposed access and driveway shall be 4.1m wide - The front boundary wall along Summer Hill Road shall be lowered to 1 metre or removed. - Dropped Kerbs shall be installed. - Local residents in the area raise concerns in relation to the following: - a Peregrine Falcon is nesting on the cliffs of the Quarry; - the height and scale of the proposed development and its impact on privacy and loss of light; - prefer any development to be in keeping with the existing architectural character of the area; - access and egress arrangements; - congestion from increased vehicular movements and parking; - stability issues from construction to properties and the cliff face of the quarry and the possibility of blasting the cliff; - disturbance from the construction works; - that the Summerhill area is a Conservation Area, with most of the buildings being built in the mid 1800's and any new structure/building will look out of place; - the back lane of Summerhill would not be able to cope with increased traffic and earth moving vehicles may lead to damage to sewers/waterworks of the existing houses; - the change of use of the land from light industrial to residential offers the opportunity to enhance the area, providing it is carefully controlled and due consideration is given to the limitations of the site; and - devaluation of property. The Wildlife and Conservation Officer of the Department of Agriculture Fisheries and Forestry do not object to the development however they advise that the site may have protect species and recommends that a survey be undertaken. - MEA has commented about cables/lines being present in the vicinity of the site. The MEA also advises the applicant to consult them with regard to supply of electricity to the development. - A resident of Port Soderick supports the application. - SPMCE has objected to the application - Protours would like to be kept informed about the application - Isle of Man Water Authority – comments regarding water connection. - IoM Fire and Rescue Service – consult the Fire Safety Department. ### Assessment - The site is zoned as predominantly residential and the proposed use would be an acceptable form of development for the site. However, there are existing housing and industrial units which may prejudice the re-development of the site and it was requested that a sketch plan be submitted to demonstrate the feasibility of developing the site for residential use. - The agent has provided a plan which has very little detail and the plans do not show the layout of the building in relation to the other building. The plan only shows an area where the building could possibly go within the site. If it is the applicants intention to develop the whole of the area indicated for the building I would have concerns in relation to its impact on the neighbouring properties. However due to the lack of detail I am unable to accurately assess whether the building would impact on the neighbouring properties. - Furthermore, the plans do not show accurately how the access arrangements will work and in particular, whether the visibility splays can be achieved. - The Department of Transport do not object to the application subject to a condition that the development should provide 2m by 90m visibility splays. I have concerns with this comment. Firstly, there are boundary walls and some landscaping along the frontages of the properties on Summerhill which will impede on the visibility splay. Secondly, the site is approximately 60m away from a bend which is located to the north east of the application site and therefore a 2m x 90m visibility splay cannot, it is considered, be achieved. - The application does not indicate how many apartments would be developed on the site and I am therefore unable to assess whether the number of vehicles can be accommodated on the site and whether the vehicle movements into and out of the application site would affect the highway system especially since the site is in close proximity to a bend. - I consider at this moment in time the application does not sufficiently demonstrate that the application site can be developed successfully without impacting on the existing residential properties and that a safe means of access/egress can be provided. - I am also concerned that, due to its current and historic use, the site may be contaminated. There is already evidence on the site that oils/chemicals are entering the land. Environment Policy 26 of the emerging Isle of Man Strategic Plan (April 2007) states that "Development will not be permitted on or close to contaminated land unless it can be demonstrated that this is no unacceptable risk to health, property or adjacent watercourses. I consider the applicant needs to carry out further work in this respect to identify the extent of contamination before any redevelopment could be carried out on the site. ### Recommendation I therefore recommend that the application be refused for the above reasons. ### Suggested Conditions Whilst the application is recommended for refusal, should planning permission be subsequently granted, the following conditions are suggested: 1. This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application. 2. This approval relates to the application site as defined by the red line on drawing number 79/2/1 date stamped 15th December 2006. 3. There must be no discharge of surface water to the main foul sewer. ### Notes 1. The applicant is advised to consult the Fire Safety Department as the scheme will fall within the Fire Precautions (Flats) Regulations 1996 2. The applicant is advised to contact the IoM Water Authority to discuss the water supply to the apartment 3. The applicant is advised that there are Underground Cables/Overhead Lines present in the area indicated in the planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site. The applicant is also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6. 4. The applicant is advised to contact the Manx Electricity Authority Planning Department (Tel. 687781), to discuss the electricity supply for this application. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. Whilst IoM Fire and Rescue Service, MEA and Isle of Man Water Authority represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance. It is considered that all parties who made representations to the planning application comply with the requirements of Planning Circular 1/06 – Determination of Interested Party Status with the resident of Port Soderick, SPMCE and the occupiers of 1, 3, 4, 5, 7, 8 and 11 Summerhill Grove. ### Recommendation Recommended Decision: Refused Date of Recommendation: 05.06.2007 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. Insufficient details have been submitted to demonstrate that the site can be redeveloped for residential use without impacting on adjacent properties and providing a safe means of access into and out of the application site. R 2. Due to the current and historic use of the site, it is considered that the site may be contaminated and it is therefore premature to consider whether the site can be redeveloped without first assessing a land contamination/remediation report. Decision Made : _Refused_ Committee Meeting Date : _15/6/07_ 6 June 2007 06/02198/A Page 7 of 7 --- *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/82090-braddan-part-of-summerhill-quarry-apartment-demolition-outline/documents/1485596*