**Document:** DEC Officer Report 2
**Application:** 19/01222/B — Erection of two apartment blocks to provide 66 residential apartments with associated car parking, landscaping and drainage infrastructure
**Decision:** Permitted
**Decision Date:** 2020-03-06
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/12311-braddan-garage-adjoining-apartment/documents/990350

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# DEC Officer Report 2

**Application No.:** 19/01222/B
**Applicant:** Douglas Borough Council
**Proposal:** Erection of two apartment blocks to provide 66 residential apartments with associated car parking, landscaping and drainage infrastructure
**Site Address:** Garage And Adjoining Land Between Former Wool Control Centre & 41 Peel Road Peel Road Douglas Isle Of Man IM1 4LX Principal Planner: Mr Chris Balmer
**Photo Taken:** 26.11.2019
**Site Visit:** 26.11.2019
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 21.02.2020 _________________________________________________________________

## 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.

- C 2. Prior to occupation of the first dwelling, the car parking along with access and turning areas shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.

Reason: to minimise on-street car parking that could be detrimental to the operation of the highway.

- C 3. Within one month of this decision becoming final a detailed scaled plan shall be submitted to and approved in writing by the Department which shows at least 66 spaces for cycles parking within the site. This approved scheme is required to be completed and ready for use prior to the occupation of the first apartment and maintained and retained for cycle parking thereafter.

- Reason: to encourage sustainable transport in accordance with the active travel strategy
- C 4. The development hereby approved shall not be occupied until the visibility splays as indicated on the Site Plan have been provided and these shall have no obstruction greater than 0.9m above back of footway level and no greater than 1.0m above carriageway level. Reason: to ensure highway safety.
- C 5. The painting scheme/colours of the two buildings hereby approved and as shown on drawings A_PL_055 & A_PL_056 shall be completed prior to the occupation of any unit and maintained and retained thereafter unless otherwise agreed in writing with the Department.

Reason: In the interest of visual amenities of the street scene and the buildings which will also ensure the terrace affect is created and maintained which is an important aspect of the development.

- C 6. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 7. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out

- as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the building/s hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.

- C 8. This planning approval for 66 apartments can only be taken up by the applicants Douglas Borough Council and may only be occupied for the purposes of Affordable Housing (Public Sector Rentals) as proposed.

Reason: The lack of Public Open Space, Affordable Housing provisions and under provision of off street parking spaces have only been judged acceptable given the Applicant's specific use/needs of the building.

- C 9. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective

during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

- C 10. Prior to the commencement of the development hereby approved, the protective fencing shown in the approved Tree Protection Plan (drawing drawing A_PL_058 and AL_PL_058 Rev A

- dated as received 4th November and 20th December 2019, respectively) marked as a green line, shall be fully installed and shall be retained for the duration of the construction process.

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

- C 11. The replacement tree planting shall be carried out in accordance with the location and site plan (drawing A_PL_058 and AL_PL_058 Rev A - dated as received 4th November and 20th December 2019, respectively) submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.

Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development N 1. The developer would need to enter into a Section 109A Highway Agreement in order to undertake works on the existing highway. This application has been recommended for approval for the following reason.

Given the proposal would not have a significant impact upon public or private amenities,whilst re developing a prominent site within Douglas Town Centre within a sustainable location, it therefore complies with the relevant planning polices outlined within the Isle of Man Strategic Local Plan, The Draft Area Plan for the East and The Isle of Man Active Travel Strategy 2018 2021.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers: A_PL_050, A_PL_051, A_PL_052, A_PL_053, A_PL_054, A_PL_055, A_PL_056, A_PL_057,

- A_PL_059 received on 4th November 2019;
- A_PL_060 received on 5th November 2019;

A_PL_058 received 4th November 2019 and A_PL_058 REV A received on 20th December 2019;

## Interested Person Status

Additional Persons

It is recommended that the following persons 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):

1 Railway Terrace, Douglas 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. _____________________________________________________________________________

## Officer’s Report

THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE SITE - 1.1 The site is the curtilage of the former Athol Garage car sales building which lies between the former wool control building (a stone building which sits to the south east of the Brown Bobby fuel filling station) and a terrace of three storey Victorian buildings which mostly accommodate apartments. The site until recently had hard surfaced parking areas around the single building (former Athol Car Showroom) on the site which was a one storey (two storey to rear due to topography of site) and a typical basic flat roof with large areas of glazing.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of two apartment blocks to provide 66 residential apartments with associated car parking, landscaping and drainage infrastructure. - 2.2 The applicants of the application are Douglas Borough Council who seeks the new apartments for affordable housing (Public Sector for rent). The applicants advise that existing Douglas Council apartment blocks on Lord Street are approaching the end of their practical lifespan and the provision of new dwellings on Peel Road as proposed will give the Council the option of relocating existing Lord Street tenants if required. The long term future of the Lord Street sites is yet to be determined. - 2.3 The larger of the two buildings would be located along the northern elevation of the site, fronting onto Peel Road. This building would be six storeys, although from Peel Road it would appear mainly as a five storey building. The building would have a total width of 58.8 metres, a depth of 13.8 metres and its height would range between 10.6 metres and 17 metres when measuring the Peel Road elevation. - 2.4 To the rear of the main proposed building is an additional detached five storey building, although the two lower levels are mostly designated for parking and are below the ground level of the site. Accordingly, from Peel Road the building would also appear as a five storey building. The building would have a total width of 19 metres, a depth of 13.8 metres and its height would range between 10.6 metres and 16.2 metres when measuring the Peel Road elevation. - 2.5 Both buildings would be primarily finished in smooth render of different colours. The use of stone, brick, pressed metal, metal cladding is also proposed. The windows and doors would generally be finished in powder coated aluminium in a grey or similar colour. - 2.6 The proposal would provide a total of 28 parking spaces within the site and a secure bike store for 25 cycles within the main building. However, during the planning process an

- additional plan was provided which showed an additional room which could provide storage space for an additionally 33 cycles (vertical storage on walls) and an additional 8 cycles storage to the previously shown room to give a total of 33, up from the 25 initially shown. Accordingly, a total of 66 cycle spaces could be provided within the site.
- 2.7 For information the proposal design, scale, siting and finishes are similar to a previously approved application (believed to have been commenced). While there are some slight alterations the main change are the introduction of a hipped roof, compared to the original proposal which had a very shallow hipped roof, and the building was seven storeys at the rear which included two lower levels of car parking which result in a total of 73 car parking spaces throughout the site.

3.0 PLANNING STATUS AND POLICY - 3.1 The site lies within an area of Light Industry and Private Woodland on the Douglas Local Plan of 1998. It should be noted that the majority, if not all of the built development on the site is within the area designated as Light Industry. The western side of the site which is currently a wooded area is the section designated as Private Woodland. The site is not within a Conservation Area. - 3.2 Under the current Draft Area Plan for the East the site (DH022) is designated as "Industrial" and also within the catchment area of "Proposed Comprehensive Treatment Areas

- 3".

3.3 Following the recently Public Inquiry to the Area Plan for the East the Independent Planning Inspector made the following comments, which relate to the application site being designed for residential development (providing a approximate yield of 63 dwelling):

"I consider that priority should be given to the development of land allocated for residential development within existing settlement boundaries. That land would provide about 560 dwellings, as shown in the Table 1 below. Much of it consists of vacant or underused sites in Douglas, which detract from that town's appearance and vitality. It is important that this land should be restored to beneficial use as soon as possible. Taken together with the 600 dwellings that were either built between 2011 and 2018, are likely to be the product of extant planning approvals, or will be the likely output of future conversions, this would leave a need for the allocation of sufficient land for the provision of about 340 additional dwellings, to meet the identified immediate requirement for 1,500 additional dwellings."

3.4 Due to the site location, land use designation and the type of proposal, the following policies are relevant for consideration:- - 3.5 The Spatial Distribution Policies within the Strategic Plan set out the hierarchy of settlements, indicating that Douglas will remain the main employment and service centre for the island, with other towns as supporting service centres. - 3.6 Strategic Policy 1 states: "Development should make the best use of resources by:

- (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials;
- (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
- (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.7 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."

3.8 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to:

- (a) minimise journeys, especially by private car;
- (b) make best use of public transport;
- (c) not adversely affect highway safety for all users, and
- (d) encourage pedestrian movement"

3.9 General Policy 2 states: "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:

- a) is in accordance with the design brief in the Area Plan where there is such a brief;
- b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them;
- c) does not affect adversely the character of the surrounding landscape or townscape;
- d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- e) does not affect adversely public views of the sea;
- f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- 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 adverse effect on road safety or traffic flows on the local highways;
- j) can be provided with all necessary services;
- k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- n) is designed having due regard to best practice in reducing energy consumption."

3.10 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and seminatural woodlands, which have public amenity or conservation value." - 3.11 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 3.12 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

- (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
- (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
- (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

3.13 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that

- 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."
- 3.14 Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
- 3.15 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."
- 3.16 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."
- 3.17 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
- 3.18 Transport Policy 8 states: "The Department will require all applications for major development to be accompanied by a Transport Assessment. The current standards are set out in Appendix 7."
- 3.19 Community Policy 10 states: "Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
- 3.20 Community Policy 11 states: "The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire."

DRAFT AREA PLAN FOR THE EAST - "Draft Published 25th May 2018 - Updated version to show minor modifications";

3.21 Urban Environment Proposal 2 states: "All new development and regeneration proposals within the Comprehensive Treatment Areas and Douglas Town Centre must demonstrate design elements to provide and enhance areas of public realm through sensitive and context-specific design." - 3.22 Housing Policy 3 states: "The Island's housing need of 5100 additional dwellings between 2011 and 2026 is to be met by a spatial distribution of housing across the North, South, East and West as follows:

- o North 770
- o South 1,120
- o East 2,440
- o West 770
- o All-Island 5,100"

3.23 CTA Proposal 3 (Treatment Plan) states: "Development of this area could include either leisure, retail warehouse (bulky goods), offices and residential uses. The acceptability of the range of uses and their precise location shall be assessed as part of a development brief taking into account accessibility, highway impact, design, visual impact and flood mitigation. Provision for a cycle route that links to the Heritage Trail shall be included". - 3.24 Transport Proposal 1 states: "Development proposals must take into account the Active Travel Strategy and any specific actions set out in the Active Travel Action Plan."

3.25 The Isle of Man Active Travel Strategy 2018 - 2021 states: "The long-term vision for the Isle of Man is: to be an Island where cycling and walking are normal and realistic transport choices for people of all ages and abilities. One of the main ways in which to achieve this vision will be to increase the number of people travelling actively.

Active travel is defined as "walking or cycling (including the use of electric bicycles) as an alternative to motorised transport (cars, buses, motorcycles etc) for the purpose of making everyday journeys. The Department will incorporate terms such as "walking" or "walker" as a generic term to include running as well as non-motorised uses for instance wheelchairs, electric wheelchairs, mobility scooters and other mobility aids, scooters and other means of selfpropulsion."

## - 4.0 REPRESENTATIONS

4.1 Douglas Borough Council initially raised no objection (received on 13th 29.11.2019). - 4.2 DOI Highway Services have no objection (received on 27.01.2014) to the application and make the following comments:

"Key highway issues The key highway issues are as follows:

- o Layout of the site access and Section 109A Highway Agreement;
- o Internal access road layout;
- o Traffic generated by the proposed development and impact upon the local road network;
- o Pedestrian access onto the external highway network including access to bus services;
- o On site car parking provision;
- o Stage 1 Road Safety Audit; and
- o Cycle parking. Background A previous planning application 13/91517/B was approved on 2nd June 2017 for 73 apartments with 73 on-site car parking spaces.

Attached to the approval notice for 13/91517/B were planning conditions in relation to the provision of car parking and turning around areas in accordance with the approved plans, provision of cycle and motorcycle parking in accordance with the approved plans and allocation

- of car parking spaces.

The current application is supported by a Transport Assessment (TA) which was used to support the previous application 13/91517/B and is dated November 2014. The TA makes mention of the then proposed 70 apartments with 73 car parking spaces.

The TA provides a detailed description of the existing local highway network in proximity of the proposed development site.

The TA indicated that the development would generate around 20 vehicle movements in the morning peak hour and around 18 vehicle movements in the evening peak hour. Note that a journey in and then out is 2 vehicle movements. Whilst it was demonstrated that the traffic generated by the development would not have a significant negative impact upon the highway network, it was recommended that either the words 'KEEP CLEAR' are marked in the westbound lane of Peel Road at the access to the development or yellow box markings are laid in the carriageway so that vehicles which may queue at the approach to the traffic signals do not prevent other vehicles from turning right into the development and hence block the eastbound lane of Peel Road.

The current application is for 66 apartments comprising 18 x 1 bedroom units and 48 x 2 bedroom units; that is, a total of 114 bedrooms with on-site car parking reduced significantly to 28 spaces.

Layout of the site access and Section 109A Highway Agreement The access has been assessed as part of a Stage 1 Road Safety Audit (RSA), the outcomes of which are detailed further on in this report.

The footway in front of the site is only around 1.8m wide but due to the location of the proposed access, the use of land within the site and the reduction in height of the Manx stone wall to the south eastern end of the frontage, visibilities of 2.4m x 43m can be achieved. It is noted that the Manx stone wall would be reduced in height to 900mm, or no more than 1.0m above the adjacent carriageway level.

The site access within the highway boundary has radius kerbs and is around 5.8m wide. Tactile paving has been indicated on the footway on either side of the access and dropped kerbs would need to be provided. It has been demonstrated by means of swept path analysis that the access could accommodate the in and out turning movements of the appropriate waste collection vehicle.

It is understood that the proposed access would make use of an existing access. Any accesses or sections of an access that are not required would need to be reinstated to footway with a full height kerb width. Following initial comments from Highway Services the applicant confirmed on an updated plan that all of the redundant drop kerbs on Peel Road are to be replaced with full height kerbs.

The RSA raised the issue of a gully being located within the site access and it was recommended that this be relocated.

It is noted that the recommendation in the TA for a 'keep clear' road making in the west bound lane by the site entrance has been incorporated within the plans.

The developer would need to enter into a Section 109A Highway Agreement with the Highway Authority in order to construct the access as indicated on the plans which should include the dropped kerbs for the pedestrian crossing, the reinstatement of redundant dropped kerbs and the relocation of the gully.

Internal access road layout The ramps up to Peel Road from the car park are steeper than the normal standard but with an average gradient of around 1:11 over 23m upwards to the highway, this should not normally present a problem as slopes down to the highway are more problematic in icy conditions. Highway Services advised the applicant to check that there was not a risk of vehicles grounding

- at changes in gradient and a drawing was subsequently provided that indicated transition zones within the ramps.

A suitable turning around area has been provided within the site for a waste collection vehicle. This has been demonstrated by means of a swept path analysis. Refer also to the section relating to Stage 1 Road Safety Audit.

Traffic generated by the proposed development and impact upon the local road network

Due to the TA being based upon a much greater level of car parking provision the traffic impact will be a very robust assessment. That is, the development would generate around 7 or

- 8 vehicle movements in the peak hours rather than the previous 18 or 20. Therefore the traffic impact of the development upon the local road network would be relatively small.

Pedestrian access onto the external highway network including access to bus services The proposed development would be around 600m from the town centre and would generally be within a 10 minute walk to many facilities within the pedestrianized Strand Street. The bus station on Lord Street serves other parts of the island and is just over 600m from the proposed development. There are also bus stops on Peel Road within 200m situated to the west of the site. It is considered that the site is in a sustainable location with good access to facilities on foot, bicycle and public transport including the steam railway.

On site car parking provision

As stated above the current application is for 66 apartments comprising 18 x 1 bedroom units and 48 x 2 bedroom units; that is, a total of 114 bedrooms. Under normal circumstances in a development away from a town centre there would be a requirement for 114 on-site car parking spaces. The currently proposed 28 car parking spaces are 25% of the normal requirement or only a 42% provision per apartment. The car park layout is acceptable in terms of size of spaces and layout. However; the TA does not address the greatly reduced car parking provision.

Douglas Borough Council has provided supporting information in relation 176 flats in 5 town centre locations which have zero on-site car parking provision. A further 27 flats have 1 space per flat but there is low demand for these spaces.

Douglas Borough Council intends to replace or refurbish many of these flats whereby the tenants would be relocated to the proposed new apartments.

Due to the sustainable location where there is ready access on foot to most everyday required facilities, including public transport and the fact that most of the relocated tenants would not be car owners, it is considered that 42% car parking provision per apartment would be acceptable in this location under these circumstances.

Ducting within the car parking areas will be provided to enable the installation of electric charging points should these be required by future tenants.

Stage 1 Road Safety Audit The application is supported by a Stage 1 Road Safety Audit (RSA) which raises the following potential problems:

- o Problem A - Service vehicles accessing the site. The proposed turning area for a refuse collection vehicle has been amended which is now satisfactory.
- o Problem B - Existing redundant dropped kerbs. This has been addressed on a revised plan and will form part of the Section 109A works.
- o Problem C - Existing gully in the centre of the proposed site access. The relocation has not been indicated on the site plan but is mentioned in the designer's response to the RSA. The relocation can be undertaken as part of the Section 109A works.
- o Problem D - Provision of tactile paving at the site entrance for pedestrians. Tactile paving has been indicated on the plans but not the dropped kerbs. Again, this can be undertaken as part of the Section 109A works.
- o Problem E - Access to car parking spaces. It is understood that this was resolved by reducing the number of spaces from 30 to 28. Cycle parking

In the supporting information Douglas Council states 'The Council strongly supports and encourages the active travel strategy and will provide secure cycle storage at the new Peel Road apartments and all future town centre housing developments.' This statement is of

particular importance where the car parking provision is below normal standards. The Manual for Manx Roads states that 1 cycle parking space should be provided for each residential dwelling and for flats this should be a communal facility provided as an integral part of the development. There are 66 apartments and a single cycle storage room was initially proposed within the lower ground floor of the main building where it was indicated that around 25 cycles could be stored.

This initial provision was not considered to be sufficient and an amended proposal was submitted by the applicant with an additional cycle storage room on the lower ground floor. The revised plan indicates that the required 66 cycles can be stored by means of vertical storage racks. The spacing of the racks appears to be at 0.29m centres. By comparison using conversional Sheffield cycle stands with a normal spacing of 1.0m, each of which could accommodate 2 cycles, the average spacing in this case would be 0.5m. The applicant would be required to provide more detail of cycle parking systems in order to demonstrate this this spacing is viable. It should be noted that some UK authorities allow a reduced standard in terms of numbers where there are a large number of apartments and the facilities are shared. In view of this, a modest reduction in the number of spaces may be acceptable if higher quality cycle parking could be provided. It is therefore considered that subject to further details of the cycle parking being provided, the 2 proposed cycle storage rooms would acceptable in principle.

Representation A representation has been received that made mention of the following highway related issues:

- o Lack of on-site car parking and concerns about an increase in on-street car parking;
- o Increase in traffic as a result of the development; and
- o The site should include an additional access into Railway Terrace. The traffic generation and on-site car parking have been previously addressed within this report. The site access would not be of an adoptable standard and could not provide a public highway link to Railway Terrace. Suggested Planning Conditions

- 1. Prior to occupation of the first dwelling, the car parking along with access and turning areas shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development. Reason: to minimise on-street car parking that could be detrimental to the operation of the highway.
- 2. Prior to occupation of the first dwelling, the developer should provide further details of the proposed cycle parking for the approval of Highway Services and the approved cycle parking shall be provided as indicated on the approved plans. Reason: to encourage sustainable transport in accordance with the active travel strategy.
- 3. Prior to occupation of the first dwelling the developer shall provide the visibility splays as indicated on the Site Plan with no obstruction greater than 0.9m above back of footway level and no greater than 1.0m above carriageway level. Reason: to ensure highway safety.

Informative: The developer would need to enter into a Section 109A Highway Agreement in order to undertake works on the existing highway.

Recommendation: DNOC"

4.3 DOI Housing Division makes the following comments (received on 20.01.2020): "We refer to the aforementioned application, and we can confirm that we have looked at the detail of the application and have considered the provision of a 25% affordable housing requirement.

In the case of this application, the Applicant is Douglas Borough Council and the proposals include the creation of 66 apartments which are all to be Public Sector Homes for Rent, and will be used to accommodate a mix of existing DBC tenants and persons from the DBC housing waiting lists. Accordingly, the Department would confirm that in the context of this application there is no requirement for any other housing provision as all the proposed units are affordable.

Thank you for giving us the opportunity to comment on the matter."

4.4 Department of Environment, Food and Agriculture - Assistant Arboricultural Officer makes the following comments (received on 18.12.2019): "I would like to make the following comments in relation to application 19/01222/B (Garage and Adjoining Land between Former Wool Control Centre & 41 Peel Road Peel Road Douglas)

The applicant has submitted a tree report by Lezayre Landscapes Ltd dated 17/12/2013 that has outlined the condition of the trees. This report references appendix 1 (a tree protection plan) but it appears that this drawing has not been submitted.

A separate a tree removal/ protection plan (ref: A_PL_058 and A_PL_058 Rev A), produced by Dandara, is provided with the supporting documents, however the proposal requires a number of trees to be removed to facilitate the development. I note that this has already been approved under 13/91517/B but feel I should point out the extent of urban tree canopy cover being lost as part of this proposal. The mitigation planting does not fully mitigate this impact.

The protection plan (A_PL_058) shows a line of tree protection fencing on the edge of the canopy line which may not fully in accordance with the recommendations made in BS5837:2012, but in this instance it is justified due to pre-existing site conditions.

The wooded copse to the south of the development which is a registered area has started to encroach and is likely to require pruning to facilitate access. I recommend that you request a pruning specification so that we can assess the impact this may have.

The planting described on A_PL_050 propose s4 species of trees. 1 of the 4 trees (ash) are not available on the island due to disease and the other 3 may ultimately be too large for its position. I recommend you request further detail/ revised replanting plan.

If the pruning specification and amended planting details are submitted and this application is approved, I recommend that you consider applying the following conditions:

- 1. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

- 2. Prior to the commencement of the development hereby approved, the protective fencing shown in the approved Tree Protection Plan (drawing A_PL_058) marked as a green line, shall be fully installed and shall be retained for the duration of the construction process.

- Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
- 3. The replacement tree planting shall be carried out in accordance with the location and site plan (drawing A_PL_058) submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.

Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development."

- 4.4.1 Following these comments and additional discussions with the applicants, including additional information the Assistant Arboricultural Officer makes the following comments (06.01.2020): "The specifications given in the pruning plan would have little impact to the landscape, and forestry would have no objection to the works described."

4.5 Senior Fire Safety Officer - IOM Fire & Rescue Service (received on 30th January 2020) comment they have met with the applicants to discuss the proposal in relations to various exceptions beginning potentially acceptable, but additional safety measures (fire sprinkler system, fire rates smoke control system in the means of escape) would be required to be provided/additional information; and that the floor height on storey 4 is 11.8m which exceeds the requirement for an alternative means of escape, however again they comment they are willing to consider an exemption for the requirement of a second means of escape form the 4th storey on this occasions due to the nature of the excessive height being 0.8m and the inclusion of a sprinkler and smoke control system as outlined previously; finally as it is proposed to accommodate disabled occupants on the ground floor only, if the management of the building changes in the future the Fire & Rescue Services must be informed before such changes take place. - 4.6 The owner/occupier of 1 Railway Terrace, Douglas (received on 06.01.2020) objects to the application on the following summarised grounds: should include 1 space per apartment as existing street in area are already swamped with cars; site should include returning road access back to Railway terrace as it was previously; designs not in keeping with townhouses across Peel Road and Railway Terrace; and traffic on this road is at breaking point already and adding 70 apartments could make it impossible for people to get into Railway Terrace.

## - 5.0 PLANNING HISTORY

5.1 The previous planning applications are considered relevant in the assessment and determination of this application:

5.2 Re-development of site with residential scheme of seventy three (reduced by amendment) apartments - 13/91517/B - APPROVED subject to the following 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.

- C 2 The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

- C 3 The development shall not be occupied or operated until the bicycle store and motorcycling parking bays have been provided in accordance with the approved plans. The bicycle store and motorcycling parking bays shall be retained at all times thereafter. Reason: To promote sustainable travel in the interests of reducing pollution and congestion.
- C 4 Each apartment shall be allocated one of the car parking spaces and the space will be available only for the parking of a private vehicle associated with that apartment. Reason: to ensure adequate car parking standard for the scheme.
- C 5 No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) as shown on drawing A/PL 008 REV H and in compliance with the submitted tree protection measures as indicated within the applicants "Updated Planning Statement - Amended Scheme, April 2014" written statement. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

- C 6 No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 7 No development shall commence until details of the colour and texture of the render have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 8 No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of the roadside landscaping adjacent to Peel Road, within and around the car park areas and to the south-western corner of the site. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the last apartment, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development."

5.3 Approval in principle to re-develop site for residential purposes - 11/00724/A APPROVED - 5.4 Approval in principle to re-develop site with office building and associated parking -

## - 11/00723/A - APPROVED

6.0 ASSESSMENT 6.1 The following Material Planning Issues should be considered:

- 1. Principle of Residential Development;
- 2. Character and appearance;
- 3. Parking Provisions & Highway Issues;
- 4. Loss of trees/tree protection;
- 5. Potential Impacts upon Neighbouring Residential Amenity;
- 6. Potential Legal Agreements; and
- 7. Potential Impact upon Wool Centre building.

PRINCIPLE OF RESIDENTIAL DEVELOPMENT 6.2 As indicated previously, the site is designated for light industrial use and therefore the proposed development is not compatible with the land use zoning of the area. However, it should be noted that the un-adopted written statement to the Douglas Local Plan, in paragraph

- 8.14, states that "Within the central area of the town there exist pockets of industrial use which could well be relocated in order to free up development area with potential for better and more appropriate use, in particular residential. Such existing industrial uses in the central area of the town will therefore be encouraged to relocate".

6.3 It is also important to note the previous approvals (13/91517/B, 11/00723/A &

11/00724/A) which allowed the principle to re-develop site for residential purposes or office uses, i.e. neither use were compatible with the current land use designation. Whilst both of these AIP applications have now expired, the 13/91517/B application is believed to have commenced. Accordingly, weight is attached to these approvals.

6.4 Whilst the proposed use of the land for residential purposes does not accord with the land-use zoning on the Local Plan, it nevertheless accords with the Planning Directorates recent practice in respect of other similarly zoned land in the immediate area, and with the Directorate's general policy of encouraging residential development within the central areas of our towns. Furthermore, the existing buildings and site were last used as a car showroom (temporary car park) and are unlikely to be used for light industrial purposes in the future. The site is also adjacent to residential properties and a non-residential use could have arguably greater impact upon neighbouring properties. - 6.5 Final the Planning Inspector comments as part of the Area Plan for the East are of significant weight, that essentially this site is suitable for residential development. - 6.6 Accordingly, it is considered the principle of developing the site for an alternative use, i.e. residential, to be acceptable in this locality; however, there are other material considerations to be taken into account in order to determine whether the proposed development is acceptable. CHARACTER AND APPEARANCE - 6.7 The proposed building would be apparent from a number of publicly viewable locations. The main views would be from Peel Road and from Circular Road. It should be noted that the overall design, mass, scale and overall appearance is very similar (if not slightly smaller) than the previously approved scheme (13/91517/B).

6.8 The proposed buildings would be standalone structures detached from neighbouring properties. However, they would be read in conjunction with the existing traditional terraced properties and the former wool control building. Due to this, it is important to ensure the new proposal respects the proportion, form, design and appearance of the existing terraced properties. Visiting the area it was evident that the neighbouring property Nr 41 Peel Road is located to the southeast of the main apartment building. Nr 41 is also the last property which forms part of the traditional Victorian terrace along the same side of Peel Road. These properties are mainly three storeys in height; however, the two closest properties Nr 41 and Nr 39 are fours storeys in height, namely due to flush flat roof dormer windows being installed, giving a four storey appearance. There are also other properties which have had dormer extensions undertaken within this terrace. To the northwest of the site is the former wool control building which is large detached stone building, having the appearance of a two storey building. - 6.9 Opposite the site are further terraced properties, which are categorised by three and half storey properties (Nrs 28 to 36) with the half storey created by an original flush dormer window to the front elevation, which adds to the attractiveness and quality of the buildings and street scene. Within the same terrace there are other examples of differing design, one being Analyst House which is an example of a more contemporary designed office building. This has similar proportions and form, including the same eves detail and similar bay windows of the original terraced buildings, but the use of large expanses of glazing (i.e. floor to ceiling) results in a more contemporary design, although retaining the similar proportions and form of the existing terrace. - 6.10 The proposed building when viewed from Peel Road would mainly appear as a five storey building albeit, the main building is flanked at each gable with a three/four storey winged building to help reduce the massing and scale of the proposal. The submission also includes a vertical emphasis with the inclusion of vertically proportion widows and vertical projecting square bay windows. Furthermore, the used of various painted render colours also emphasises a row of terraced properties, rather than one building, which is considered useful in terms of the context of the area made up of terraced properties. The design is more contemporary in design and would certainly appear as a different design approach along this section of Peel Road, albeit a modern interpretation of a traditional Victorian terrace. - 6.11 It should be noted that a different design approach from the traditional Victorian style, has been previously accepted on the nearby site of Allen Bank site (corner of Peel Road and Circular Road) which approved 52 apartments (06/01098/B). This again was contemporary in approach. - 6.12 In relation to the height, mass and scale of the proposals, namely the main block fronting onto Peel Road, it is perhaps important to note that the proposal would be sited 15.8 metres from the gable elevation of Nr 41. This would ensure a sizeable space between new and old and gives a clear break within the street scene. Whilst the buildings is mainly rectangular in shape and sizeable in mass, the uses of the projecting bay windows, a variety of finishes, including stone to the majority of the ground floors where they meet Peel Road and the use of different colours all help to reduce the overall impact of the building. - 6.13 The vertical emphasis created by the vertically proportioned windows, bay windows and painted finishes, all help to create the appearance of individual terraced properties, rather than one block of apartments. Accordingly, due to these design features the building is generally well broken, creating a variety of terraces, and helping to reduce the overall mass of the building. - 6.14 It is also noted, that whilst the original showroom garage building on the site is smaller in scale, being single storey when viewed from Peel Road, it is not considered in keeping with the area and certainly did not add to the character of the area or street scene.

6.15 Overall, whilst the proposed design is more contemporary in approach, the height, mass, proportion and scale of the proposal would be appropriate and in keeping with the properties in the street scene and consequently it is considered the proposal would comply with General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan. PARKING PROVISIONS & HIGHWAY ISSUES - 6.16 Arguable, this is perhaps one of the most contentious issues with the proposal. As identified within Appendix 7 of the Isle of Man Strategic Plan, one off road parking space is required for a one bedroom unit and two spaces are required for two or more bedroomed units. In this case the proposal is for 66 apartments, 48 two bedroom apartments, with the remaining 18 units being one bedroom apartments. Accordingly, a total of 114 spaces are required on site by this proposal to accord with Appendix 7. - 6.17 This submission proposes a total of 28 car parking spaces (i.e. one space per apartment) and potentially 66 cycle parking spaces. Therefore it could be considered contrary to the Isle of Man Strategic Plan and therefore refused on these grounds. However, it is important to note that Appendix 7 includes possible reasons to allow a relaxation of the parking standards. One of these reasons paragraph (d), indicates that if a site is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality, then a relaxation may be made. Further, Strategic Policy 10 seeks new development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement. - 6.18 The site has good pedestrian links to Douglas centre and local services/ shops. Furthermore, the site is adjacent to a principle bus route. - 6.19 The applicants (DBC) have provided a statement as part of their submission which outlines the reasoning for the development and also the aspect of parking provision on this site. The highlight that:

"The Council intends to commence a programme of redevelopment to replace or refurbish these ageing town centre flats buildings (200 in town centre of Douglas), with the Peel Road apartments being the catalyst."

6.20 Further they comment:

"None of the Council's existing town centre flat buildings have off street parking with the exception of Hanover House…". A list is also provided which indicates that: o James Street flats (42 flats) & Kings Street flats (24 flats) both with no off street parking and limited on-street parking provision. Further, Coronation Terrace flats (28), Lord Street flats (56 flats), Quine's Corner flats (26 flats) all with no parking provision. Hanover House flats (27 flats) have 1 space per flat parking provision on site, but not all have been allocated to tenants due to lack of demand.

6.21 The applicants consider given the lack of parking associated with the majority of their existing housing stock in proximity to the site (i.e. town centre locations), the fact the majority of their residents do not have cars and as the parking spaces at Hannover House flats are not in sufficient demand; this suggests that a reduction on parking on this site is acceptable and would meet their needs. - 6.22 It is also important to note that the Draft Area Plan for the East includes Transport Proposal 1 which seeks that development proposals must take into account the Active Travel Strategy and any specific actions set out in the Active Travel Action Plan. The application site

- is also a very short distance from Circular Road which is part of the main priority (a total of 10 priorities areas within Douglas) of IOM Government to encourage walking and cycling which would connects Douglas Centre with existing facilities on Peel Road and Pulrose.
- 6.23 Highway Services have considered the scheme, which includes a detailed Transport Assessment, and have raised no objection to the amount of parking provision provided or concerns of the potential traffic generated by the site or the potential impact of the access onto Peel Road.
- 6.24 Overall, whilst the amount of parking spaces is well below the generally required level; it is considered give the sites central location within Douglas; good pedestrian links; good public transport links; within walking distance of the main services, shops and employments areas on the IOM; within the Active Travel Area of 2.5 miles from the centre (site is 500m from Douglas Town Hall); and given the applicants unique situation and knowledge of the needs of their future occupants; the proposal would be acceptable and would be a sustainable development within Douglas Town Centre and meet the aims of the Active Travel Action Plan, Transport Proposal 1 of the Draft Area Plan for the East & Strategic Policy 10 of the IOMSP. LOSS OF TREES/TREE PROTECTION
- 6.25 The proposal does include the removal of 18 trees on the site, which is slightly more than the previous application, which required 14 trees removing. The trees proposed for removal essentially run along the boundaries of the existing woodland area, with the majority of trees being retained. Accordingly, whilst the proposal would result in the loss of some trees, it is not considered the woodland area as a whole would be significantly affected and that the amenity value would still be retained. It is also noted that new tree planting (total of 7 trees) and additional landscaping is proposed to the southwest part of the site (existing wooded area).
- 6.26 A tree protection scheme has also been provided to protect the existing trees proposed for retention. A condition should be attached to ensure this is undertaken as well as the additional conditions suggested by the Forestry Division. POTENTIAL IMPACTS UPON NEIGHBOURING RESIDENTIAL AMENITIES
- 6.27 The properties that may potentially be affected by the development would be the properties opposite the site, Nrs 38 to 30 Peel Road, which appear to mainly accommodate a number of residential flats. The potential impacts mainly relate to the proposal having a potential overbearing impact upon the outlook, loss of light and/or overlooking resulting in a loss of privacy.
- 6.28 The proposed main apartment building would be located between 16 metres and 19 metres away from the front elevations of these properties. Whilst these are below the generally accepted 20 metre guideline, for directly facing windows, consideration is given the site is within a town centre where generally terraced properties do not meet this standard. Furthermore, other properties along Peel Road have similar relation to each other. The proposal is also similar distance/siting as the previously approved scheme which would have a very similar impact. Overall, it is considered the distances would be appropriate on this site ensuring potential overlooking would be insufficient to warrant a refusal on these grounds.
- 6.29 It is also considered there would be a potential for some overshadowing to the ground floor rooms/apartments of these neighbouring properties. However, due to the relationship between the proposed and existing buildings and the sun orientation, the periods of light lost would be from late afternoon and not for prolong periods of time throughout the day. Accordingly, it is considered again, the potential impact through overshadowing would not be sufficient to warrant a refusal.

6.30 The outlook from these neighbouring properties will change. Currently, they have views of the former car showroom. The upper floors have views over the showroom building to the trees and hills beyond. The views from the upper floors will be most affected by the development, as views to the trees behind the car show room and the hills beyond would likely be screened. Views from the ground and potentially first floors would likely remain as existing i.e. built development. In terms of the upper floors in planning terms there is 'no right to a view'. The issue is therefore is the height and mass of the building such, that it has an overbearing impact upon the existing occupants. Whilst there will be a difference, it is considered the distances between the proposals and existing, would ensure the overbearing impacts would not be so significant to warrant a refusal. - 6.31 It is perhaps important to note that permission has been granted to convert a number of the former terraced townhouses into a number of apartments along Peel Road. These all have similar outlooks to those of the existing occupants of the properties opposite the proposed development would have, and such views where previously considered acceptable in terms of outlook. - 6.32 Overall, it is considered whilst the proposed development would have an impact upon neighbouring amenities, it is not considered the impacts would be so significant to refuse the application on these grounds. Further,, the potential impacts would be very similar, if not the same, as the previously approved scheme. It is also noted no objections have been received by any neighbouring property in the area. The proposal therefore complies with General Policy 2. POTENTIAL AMENITIES FOR FURTHER OCCUPANTS - 6.33 Careful consideration has been given to the potential amenities for the occupants of the new apartments, especially those to the rear of the site and thoses located within the rear section of the smaller five storey detached apartment block some of which have views towards the woodland to the rear. Whilst some of the apartments to the rear will have outlooks to nearby trees, some will appear to be within the canopies of the trees. It is not considered this would be unattractive; in fact arguably the reverse to some people, but clearly some apartments may have less direct sunlight light. This was a similar situation to the previously approved application, albeit this scheme proposes to site the rear detached five storey apartment back 2m further away from the wooded area, which will give slightly more light into the apartments. Overall, it is considered the proposed apartments would have pleasant outlooks from the principal rooms and be provided with an acceptable level of amenity. - 6.34 All apartments are served by lifts and bin stores are communal, located within the ground floor level. - 6.35 Overall, it is considered the level amenities for each apartment would be acceptable, and comply with General Policy 2. POTENTIAL LEGAL AGREEMENTS - 6.36 There are potentially two Section 13 Legal Agreements which would generally be needed to be agreed and entered into by the Planning and Building Control Directorate and a Applicant, these relate to provision of both affordable housing and public open space. - 6.37 In terms of the affordable housing provision, as indicated within Housing Policy 5 the Planning and Building Control Directorate will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more. Due to this a total of 16.5 units of the total 66 apartments would need to be affordable. However, given the applicants are Douglas Borough Council who are providing the apartments as affordable housing (Public Sector rentals), it would seem unnecessary to seek a Legal Agreement in this instance given all 66 units are affordable units. A personal condition should

- be attached to any approval which states that only Douglas Borough Council can take the permission up.
- 6.38 Again in terms of open space provision it is considered a total of 3936 sqm of open space would need to be provided. The Isle of Man Strategic Plan indicates that the preference is for open space to be provided on the site of the development. This case, as with most cases for apartment developments, it is not considered possible or reasonable for the open space to be provided on this site. The next available option is for the space to be provided nearby if possible. The third option is to provide a commuted sum to the Local Authority for them to use either providing a new facility and/or use on existing facilities (upkeep/upgrading etc). Again given the applicants are the Local Authority it would perhaps be unnecessary that a further Section 13 Agreement be provided seeking a commuted sum towards the open space provision be provided, as the Local Authority would essential be paying the commuted sum payment to itself. Again a personal condition should be attached to the approval given this reason. POTENTIAL IMPACT UPON WOOL CENTRE BUILDING

6.38 The proposed building would be located immediately to the south east of the Wool Centre building, which has the appearance of a two storey stone workshop building. The Wool Centre building has been considered for registration by the Department in recent times, potentially due to its historical interest because of its military associations and use since 1896 and also due to its architectural interest in terms of its construction and that it is unique on the island. Whilst it was accepted by the Department that the property has some historic interest given it was the first purpose built Drill Hall on the island; it was not considered that this was sufficient reason to Register the building.

6.40 In relation to the potential impact of the proposed development upon the Wool Centre building; consideration was given, especially when initial scheme of previous application was submitted which proposed a five storey building immediately adjacent to the Wool Centre building. Following discussions, including the then Conservation Officer, it was agreed that the north-western section of the new apartment building would be reduced by a storey, which essentially provides a step effect between the main five storey apartment building and the Wool Centre building. This aspect has been included in the current application as well. - 6.41 It should also be noted that the main elevation of the apartment building is setback 3.5 metres from the front elevation of the Wool Centre building and from the public footpath. There can be no doubt that the proposal will not have an impact upon the Wool Centre building, given its height, proximity and positioning. However, the current building and use of the site could also be argued to impact upon the appearance of the Wool Centre building currently. It is also noted that the south-east gable wall of the Wool Centre building, the majority of which would be screened by the new development, is not the most attractive or beneficial to the visual amenities of the building or street scene, given it has been rendered in the past, whilst the remainder of the building is Manx stone. - 6.42 Overall, whilst there will be an impact upon the Wool Centre building; for the reasons indicated above, it is considered the proposal would not have a significant impact upon the Wool Centre building, which would in the main still retain its character and appearance within the street scene.

## - 7.0 CONCLUSION

7.1 For the reasons stated in this report and given the proposal would not have a significant impact upon public or private amenities, while re developing a prominent site within Douglas Town Centre within a sustainable location, and therefore complying with the relevant planning polices outlined within the Isle of Man Strategic Local Plan, The Draft Area Plan for the East and The Isle of Man Active Travel Strategy 2018 - 2021. Accordingly, it is recommended the application for an approval subject to conditions listed

## - 8.0 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.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 : …Permitted……….... Committee Meeting Date:…02.03.2020 Signed :…………………………………….. Presenting Officer Further to the decision of the Committee an additional report/condition reason was required YES/NO See below

PLANNING COMMITTEE DECISION 02.03.2020 Application No. : 19/01222/B Applicant : Douglas Borough Council Proposal : Erection of two apartment blocks to provide 66 residential apartments with associated car parking, landscaping and drainage infrastructure Site Address : Garage And Adjoining Land Between Former Wool Control Centre & 41 Peel Road Peel Road Douglas Isle Of Man IM1 4LX

Principal Planner :

Mr Chris Balmer

Presenting Officer

As above

Addendum to the Officer’s Report

## PLANNING COMMITTEE 02/03/2020

Erection of two apartment blocks to provide 66 residential apartments with associated car parking, landscaping and drainage infrastructure - Garage And Adjoining Land, Between Former Wool Control Centre & 41, Peel Road, Peel Road, Douglas -19/01222/B

After discussion the Planning Committee agreed with the recommendation subject to Condition

- 3 & 10 being altered:

C 3. Within one month of this decision becoming final a detailed scaled plan shall be submitted in writing to the Department for approval which shows at least 66 spaces for cycles parking within the site. This approved scheme is required to be completed and ready for use prior to the occupation of the first apartment and maintained and retained for cycle parking thereafter.

Reason: to encourage sustainable transport in accordance with the active travel strategy

C 10. Prior to the commencement of the development hereby approved, the protective fencing shown in the approved Tree Protection Plan (drawing A_PL_058 and AL_PL_058 Rev A - dated as received 4th November and 20th December 2019, respectively) marked as a green line, shall be fully installed and shall be retained for the duration of the construction process.

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

CB

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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/12311-braddan-garage-adjoining-apartment/documents/990350*