**Document:** DEC Officer Report
**Application:** 20/00455/B — Reconstruction and regeneration works to highway
**Decision:** Refused
**Decision Date:** 2020-11-23
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/12987-german-athol-place/documents/996604

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# DEC Officer Report

## PLANNING OFFICER REPORT AND RECOMMENDATIONS

**Applicant:** Department Of Infrastructure Proposal Reconstruction and regeneration works to highway Site Address Michael Street & Athol Place Peel Isle Of Man Case Officer : Miss S E Corlett
**Photo Taken:** 25.06.2020
**Site Visit:** 25.06.2020 Expected Decision Level Planning Committee
**Recommended Decision:** Permitted Date of Recommendation 09.11.2020

Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the conditions

- C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

- C 2. Prior to the use of any new kerb stones in Atholl Place, further details including material, section and profile of this must be approved by the Department and the development must be undertaken in accordance with these details.

Reason: to ensure that the development preserves or enhances the character or appearance of the Conservation Area in accordance with Planning Policy Statement 1/01 and Environment Policy 35.

Reason for approval: It is considered that the works would have a beneficial impact on the character of the streets in question and would enhance the character of the Conservation Area in compliance with the Strategic Aim, Strategic Policies 4, 5 and 10, General Policy 2, Environment Policies 35, 42 and 43 and Planning Policy Statement 1/01. In addition, it is considered that there would be no adverse impact on highway safety and as such the scheme complies with Transport Policies 4,

- 5, 6 and 7 of the Strategic Plan. ______________________________________________________________

## 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 4(2):

## 3, 5, 9, 6-8, 7, 7A, 8-10, 10, 12, 15-19, 18A, 21, 20-22, 22, 24, 24-30, 25, 27, 29, 31, 32, 34,37, 38, 41, Michael Street7, Atholl Place, Atholl Place Collectables

- 1 and 12, Atholl Place 10, Orry Lane

as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (2019).

Those signatories of the petition received from the Michael Street Traders, sent to Peel Town Commissioners, objecting to the application (24.07.20 and 02.09.20) should not be afforded IPS

- as it does not state how their particular properties would be affected relative to the material considerations in the Operational Policy: Atholl Place, 4, 33, Avril's and Mitchell's Newsagent's in Michael Street

Those signatories to the petition sent to Peel Town Commissioners and copied to the Department, dated 22.09.20 and 25.09.20 expressing objection to the application and concern

- at any positive consideration by the Commissioners should not be afforded IPS as it does not state how their particular properties would be affected relative to the material considerations in the Operational Policy as the effect of the construction phase is not generally a material consideration;

8-10, Atholl Place Illegible number, Michael Street

- 7B, 12, 15, 17, 19, 26, Co-op, Michael Street Manx Wildlife Trust

It is recommended that the owners/occupiers of the following properties 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 4(2):

Peel Heritage Trust

- 17, Market Street

- 29, Castle Street The Deanery, Albany Road 60, Patrick Street

as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy

4, Ballatessan Meadow 10, Mourne View

- 39, Stanley Terrace Apartment 1, Peel Castle Apartments 46, Patrick Street 4, Peveril Terrace Kerroo-ny-Glough Cottage, Greeba

- 13, Castle Street

6, Raad Bridjeen 21, Queen's Drive 103, Ballabrooie Avenue, Douglas

- 8, Mount Morrison The Mount 24, Bridge Street

as they are 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

The following signatories of the petition of requesting a deferral of the application should not be afforded interested person status as the petition does not refer to the relevant issues in accordance with paragraph 2C of the Policy. If some parties have submitted other comments they may be afforded IPS on the basis of that submission - see elsewhere in this report.

Douglas Street and 31, Douglas Street Avril's Butchers The Bookshop Antique Centre

- 7, Glenfaba Road 12, Slieau Curn Park, Kirk Michael Cronk Ashen Farm 20, 50,Kerroo Coar
- 8, Gib Lane The Lynague, Ramsey Road

- 3, Glen Maye Park

2, Marina House, Marine Parade 10A, Castle Street

- 4, Queen Street The Gables, Rheast Lane 33, Stanley Terrace

- 23, Mountain View

- 40, 56 Patrick Street 12, 13, 30, Stanley Road Riverside, Lhagg Road, Dalby

- 30, Derby Road

- 6, Lyndale Avenue Station Road Cooley Lodge Farm She Dty Vea, Lower Foxdale Heatherbank

- 20, Shore Road (on twice) Wood Heights, Knocksharry Mill Croft, Glen Maye

3, Bridge Street

- 7, Tynwald Close Bluebell Close

- 18, Cronk Reayrt Belle Vue Park Illegible

- 4, Corrin Pirragh 10, Queen's Drive Cliff Cottage, Battery Road 33, Ballatessan Meadow

- 14, Bayr Cam Patrick Street

________________________________________________________________ Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE LEVEL OF REPRESENTATIONS AGAINST THE APPLICATION WHICH IS RECOMMENDED FOR APPROVAL

## THE SITE

1.1 The site is the highway of Michael Street and Atholl Place and small parts of Atholl Street, Derby Road, Christian Street and Bridge Street. - 1.2 The nearby Market Square was "regenerated" under a scheme approved under 16/00460/B which involved the replacement of the carriageway surface, the introduction of new walling and signage. This has been implemented and extended as far as the western end of Michael Street. THE PROPOSAL

2.1 Proposed is the continuation of the regeneration scheme up Michael Street to Atholl Place. Both are currently finished in tarmacadam with narrow pavements on both sides, the northern side having granite edges with the pavements reducing to nothing in some parts. Proposed is the paving of the roadway in resin bonded aggregate with the pavements in paving flags following the available space between the road and the buildings alongside - not a consistent pavement width and where the footways are at the same level as the carriageway but coloured and finished differently. Setts are to be introduced to mark out parking spaces in Atholl Place and pedestrian crossing points within the raised table top at the junction of Atholl Place, Atholl Street, Derby Road and Bridge Street/Christian Street. The surface will be edged with Carlow stone 200 by 200mm. The pavement paving will be Marshalls Cressida Granite Flamed. - 2.2 The applicant explains that the site is the location for a large proportion of the business of Peel with various commercial premises on both sides, frequented by pedestrians as well as some houses. The footways on both sides vary in width and in some parts are so narrow that pedestrians cannot use them. They explain that the street is one way for vehicles in an easterly direction and the street is closed to vehicles between 1100 and 1630hrs. There are street lights present. - 2.3 They consider that Michael Street has reached the end of its useful life both operationally and aesthetically and it is becoming increasingly difficult to defend the practice of pedestrians walking within the carriageway due to the narrowness of the footways. The overriding objective of this scheme is to create a correct sense of place providing a shared space for pedestrians and vehicles where the latter is not the primary user and adequate provisions for cyclists and vehicles is achieved. - 2.4 They consider that the works will improve the economic viability of the town, contributing to the economy and employment of the island whilst safeguarding people and community safety. They consider that the scheme accords with General Policy 2 of the Strategic Plan by enhancing one of the key public spaces in Peel, supporting future and existing adjacent uses and establishing a much improved environment for pedestrians and other users. - 2.5 They believe that the scheme complies with Environment Policy 35 in that the character and appearance of the area will be enhanced and the special features contributing to the character and quality of the CA are protected, as the scheme allows for the removal of some road signage and clutter cleared away. - 2.6 The applicant believes that Environment Policy 43 is also satisfied as the scheme supports the adjoining buildings and land uses and will enhance the character and appearance of the town centre, improving road safety along with the other economic benefits from improved appearance and safer usage of the street. - 2.7 The applicant refers to the Manual for Manx Roads (MfMR) which recommends that increased consideration is given to the place function of streets - what distinguishes a street from a road where the main purpose is to facilitate movement. They describe the five functions

- of a street - place and movement, access, room for parking and accommodating infrastructure (drainage, utilities and street lighting). It is of crucial importance to provide for everyone regardless of age or ability - inclusive design and including walkers, cyclists, services for commercial and residential properties and emergency vehicles.
- 2.8 They explain that the over-arching design principles here are:

Giving increased consideration to the place function of streets Promoting the concept of inclusive environment Reflecting a user hierarchy Acknowledging and satisfying pedestrian desire lines Promoting lower speeds of traffic Seeking to balance the priorities of motorised and non-motorised users Seeking to influence driver awareness Minimising unnecessary street furniture and Reducing clutter from road signage.

2.9 The applicant believes that a shared surface will balance the needs of its different users whilst enhancing the sense of place and manage vehicle movement in a way that does not need extensive regulatory controls and physically intrusive measures of enforcement. Contrasting coloured tactile strips will be introduced for those who may be visually impaired. - 2.10 Rain gardens are to be introduced - areas of grass surface which will intercept water run off rather than channelling it all into the drainage system and which will also create new habitats for wildlife and visually enhance the appearance of the town. - 2.11 They confirm that no formal consultation has been held due to CV19 restrictions although Peel Town Commissioners were consulted in January and meetings also held with Bus Vannin, public utilities and Manx Blind Welfare. Amended plans - 2.12 Following discussions between the applicant and Peel Town Commissioners, and the submission of comments by the Registered Buildings Officer, the applicant has submitted amended plans. These include the intention to re-use the existing Peel kerbs throughout Atholl Place provided this is practicable and if not, they will be replaced with similar colour and texture materials. The plans now retain the 2 accessible spaces and the 4 short term spaces through the introduction of a priority give way system along Athol Place.

2.12 They explain that the increasing of footways on one side of Michael Street would result in a reduced footway width on the other side - around 400mm in places which would result in a highway safety concern particularly between vehicles and pedestrians and when people leave premises on that side. The road has been designed to provide balanced widths to the building line where possible whilst maintaining the swept paths for vehicles using the road. Mobility impaired users would be adversely impacted as free movement between both sides would be impossible due to the upstand on the kerb face.

2.12 The revised plans now propose to use Rojo Moncayo bush hammered sandstone on the footways separated from the resin bonded gravel on the road by a narrow strip of 200mm by 200mm Carlow Stone Sawn which is a dark grey. The roadway remains a consistent width along Michael Street with varying widths of pavement as described above with a narrowing of the carriageway within Atholl Place and the retention of parking spaces on both sides finished in a different type sett - a mottled pink and black stone (Marshalls Cressida Granite Flamed 100 x 200mm). The raised table is still proposed at the meeting point of Bridge Street, Christian Street, Atholl Street and Atholl Place with the carriageway in Atholl Place reduced to 2.7m with a priority arrangement for traffic approaching from each direction.

- PLANNING POLICY
- 3.1 The site lies within an area designated on the Peel Local Plan of 1989 as Mixed Use and within the town's Conservation Area.

3.1 The Local Plan identifies a phased programme of town-wise environmental improvement starting with the Market Place to act as a focal point for tourists and visitors (4.7) and the Plan considers the town to be reasonably well provided for in terms of car parking. Paragraph 8.4 discusses traffic and suggests that Michael Street should not carry through traffic and commercial vehicles and that it cannot be considered to form part of the main traffic circulation network and that pedestrian priority in Michael Street be formalised and that appropriate measures be undertaken to resurface the street for this purpose. Access would however be essential for service vehicles at specific times. It adds, "It is considered essential to resurface pedestrian streets with appropriate materials and to ensure that detailed consideration is given to the appropriate design of street furniture as part of the long-term aim of enhancing the environment." (8.11). The need to be careful about design and materials carries on the section about Conservation (Section 9).

3.2 The Strategic Plan also has policies which require that development within Conservation Areas is of an appropriate standard and that it preserves or enhances the character of the area and this is reiterated in Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man where the special character of the area must be taken into account when determining applications for change (CA/2). Planning Policy Statement

3.3 The Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man contains the following statements and policies which are considered relevant to the consideration of the application: The Town and Country Planning Act, 1999 provides that:

- (1) The Department shall determine which parts of the Island are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance, and shall by order designate such areas as conservation areas.
- (2) Before making an order under subsection (1) the Department shall consult - every local authority in whose district the area in question, or any part of that area, falls.

- POLICY CA/1 IDENTIFICATION OF SPECIAL CHARACTER It is the quality and interest of areas, rather than that of individual buildings which should be the prime consideration in identifying conservation areas.

Features such as:The historic street pattern and definition of property boundaries; A particular mix or variety of uses; The use of materials or styles local to the particular area, or the island; The presence and form of hard and soft landscaping; The quality of enclosure, spaces between buildings and vistas along streets.

- POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.

## - POLICY TM/4 ROADS IN TOWNS OR VILLAGES

- The highway authority in consultation with this department, should take measures to protect the historic environment from the worst effects of traffic. Measures such as the creation of vehicle-restricted areas, pedestrian zones or traffic-calming may be appropriate. However, there is increasing recognition that in some historic areas the total exclusion of traffic, combined with extensive pedestrianisation can result in a feeling of sterility, especially at night. In some cases, it may be preferable to consider limited access at selected times for all traffic, or particular classes of traffic (e.g. Buses, delivery and service vehicles).
- POLICY TM/5 VEHICLE RESTRICTION AND TRAFFIC CALMING There are available a wide range of features to bring about traffic calming: these can include road humps, chicanes, build-outs, pinch points, gateways, rumble devices, islands and overrun areas. However, some designs can be very difficult to integrate into an older streetscape with any degree of success, and without being intrusive. Where such measures are proposed as being essential, each feature or device should relate in its design and materials to the overall townscape, to ensure that traffic calming reinforces, rather than diminishes, the local character. Traffic-calming measures which employ traditional local materials and design details, when combined with tried and tested methods may help to secure the right balance. For example, the use of traditional cobbles, weathered beach stones or stone setts may prove effective in keeping down traffic speeds, though they may increase levels of road surface noise; they may not always find favour with cyclists, or persons with disabilities and this is where early consultation will help in producing a scheme which addresses the requirements of the various interested parties. It will also be necessary to consult with the emergency services before laying such surfaces to ensure that their response times are not unduly increased.
- POLICY TM/6 FLOORSCAPE Floorscape can make a vital contribution to the appearance of our conservation areas. Traditional stone setts, cobbles, flagstones and kerbstones should be retained wherever possible, or re-introduced where there is historical evidence for them. In particular, where there is evidence of an historic street pattern with traditional surfaces and finishes, small block paviours and arbitrary new patterns should be avoided. Injudicious use of modern paving products in geometrical patterns which have no basis in the historical development of the locality, may detract from the overall quality of the area and dilute the strength of its special character. Tarmac dressed with a suitable local aggregate, can be a suitable and inexpensive finish for road surfaces in conservation areas. Where practical and appropriate, aggregate drives and footpaths should be retained as these can help sustain the rural or semi-rural character of some conservation areas. If a street is to be pedestrianised, it is important to retain the traditional relationship between footways and carriageway, including kerb lines. 'wallto-wall' surfaces are often unsuitable and the scale, texture, colour and laying patterns of any new materials should be sympathetic to the areas special character and appearance.

POLICY TM/8 REINSTATEMENT OF DISTURBED SURFACES In a conservation area, where, as a result of repairing or renewing services located within the highway or footpaths, the surface of the said highway or footpath is disturbed, there will be a requirement that the said surface or surfaces shall be reinstated to the same or to a better standard of materials and finishes, as that used previously.

- POLICY TM/10 ROADS SIGNS AND MARKINGS Road signs and markings can also have a significant impact on a street's appearance. These should be of an appropriate character and quality without unnecessary duplication of signs and posts. Wherever possible, signs should be fixed to existing posts or street furniture. 'Street audits' can be a valuable technique of keeping a check on cumulative signage and local amenity societies may well be able to assist in carrying out such audits. The presence of garish double yellow lines indicating parking restrictions in our conservation areas is to be avoided if at all possible. Narrower lines of a different colour are already being adopted in some environmentally sensitive areas. Consideration should be given to applying waiting restrictions to areas, where appropriate, so enabling the removal of double yellow lines.

- POLICY TM/11 STREET LIGHTING Local Authorities should consider carefully the selection and positioning of street lighting equipment appropriate to the age and character of the surrounding area. High pressure sodium lamps (with controlled light spillage) may be preferable in environmentally sensitive areas as they provide a white light with a natural rendition of colour. Off the peg 'period' columns and lanterns are not universally appropriate in the historic context of our Island towns and villages. Special designs reflecting established local styles and motifs are available and may be preferable.

The Strategic Plan

3.4 The following Strategic Plan policies are relevant to the consideration of the application:

Strategic Aim: To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.

- Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to the use of local materials and character.
- Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2) , buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.
- Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.

Strategic Policy 10: 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

General Policy 2: 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 spaces around them;
- (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;
- (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.

Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.

- Environment Policy 42: 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.
- Environment Policy 43: The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition.

- Transport Policy 4: 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.
- Transport Policy 5: Any improvements to the Island's highway network, including the provision of new roads, footpaths, and cycle routes, should be undertaken in accordance with the environmental objectives of this plan.
- Transport Policy 6: 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.
- Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

## PLANNING HISTORY

4.1 There have been no planning applications for this part of the highway network. The regeneration works undertaken elsewhere in the town were the subject of a previous application referred to in 1.2 above. REPRESENTATIONS - 5.1 Peel Town Commissioners ask for a deferral so that they can undertake public scrutiny of the application in a public forum (02.06.20). They make further comments on 21.07.20 Following the submission of amended plans, the Commissioners The Board considered the Department's amended drawings (IOM-ARC-PE-000-SK-CE-0004 Rev P01) and samples at yesterday's Board meeting. They agreed on a vote of 5 to 1 not to oppose the DOI amended drawing subject to the replacement of the small planting area in Atholl Place with paving. In addition, they agreed kerbing or replacement Peel kerbing must be used where possible and the bush hammered Rojo Moncayo sandstone in the footways which they believed is the material which best takes its reference from the local pink coloured local Peel sandstone (18.09.20).

5.2 Highway Services initially (12.06.20) requested additional information that was subsequently provided. On 22.06.20 they confirmed that the additional information satisfies them that the scheme is acceptable subject to the scheme being undertaken in accordance with the drawings uploaded on 16.06.20 and any separate highway and traffic regulations processes

- would follow on from any planning permission. They understand that a Road Safety Audit and public engagement exercise will be undertaken which may change the scheme and they ask to be consulted on any further changes.
- 5.3 Peel Heritage Trust ask on 17.06.20 for a deferral so that they can properly consider the plans. They submit further comments on 01.07.20 writing in support of the plans provided that the kerb stones are retained and reused and that the work is undertaken as soon as possible with minimum disruption to businesses.
- 5.4 The Registered Buildings Officer comments on 12.08.20 that Peel is one of the Island's historic towns, it is characterised by its dense urban layout of narrow streets within its historic core. The proposals are for improvements to the public realm and highway along Athol place and Michael Street. He is fully supportive of the principle of the works and it is evident that there has been a loss of traditional materials along the highway and that replacement of the current surfaces are required and would be an improvement. He thinks the proposals in their current form are a lost opportunity to further enhance the historic character of Peel, which could be resolved with relatively minor amendments to the proposals and would strongly recommend that the scheme is revised to take into account the local character and considers using materials that better reflect this, it important that the scheme should seek to retain, reuse and where possible reinstate the historic kerbstones that are very much part of the town's historic floorscape and provide local identity. The proposals will, in his opinion enhance the character of this part of the Conservation Area, given the existing hard surfacing in the proposal site. On 03.11.20 he confirms that further to his previous comments, he welcomes the use of the proposed edging/curb stones which forms part of the local distinctiveness of Peel.

5.4 Local residents

- 5.4.1 A number of local residents and property owners have expressed concern on the basis that:

Full pedestrianisation of Michael Street will prevent deliveries to shops and access to customer car parking at the rear of 20/22, Michael Street There will be inadequate space for deliveries and inadequate safety for passing pedestrians when deliveries are being made There has been no consultation with local property owners and the timing of the application when the lock down has been in place has limited people's ability to see and discuss the proposal There has been no economic viability assessment of the impact of the works on the town The applicant has a poor track record of finishing projects in a speedy fashion This is a Conservation Area and the works do not have any conservation value and this has been overlooked in the design The application should not be determined until the people of the town and interested bodies have had the scheme presented to them and discuss options The scheme does not reflect Peel where the narrowness of the streets and footways are part of the character The paving is not an essential part of the town's viability - the lack of footfall is due in part to the residential development which has happened at the periphery of the town The town needs car parking and the scheme will lose existing spaces Closing the main street will harm the viability of local businesses - will there be rate reductions? Whilst concern has been expressed about the narrowness of the carriageway and footways, the DoI has recently repaved a narrow street in Douglas ("Market Square project") The Island is signatory to the Council of Europe Convention for the Protection of the Architectural Heritage of Europe What is proposed would be worse for vehicle users, than the existing situation The work may exacerbate basement flooding issues

Michael Street and Athol Place do not need enhancing and the existing street has not reached the end of its useful life Reference is made to the City of Edinburgh's New Town Conservation Area Character Appraisal Whilst there is reference to the re-use of existing granite kerbs this seems unlikely The proposed materials will become marked by vehicles The removal of kerbs will not maintain the character of the street

- 29, Castle Street (03.06.20, 29.06.20) 1, Atholl Place (05.06.20)

- 7, Atholl Place (01.06.20, 16.08.20) 37, Michael Street (06.06.20) 10, Mourne View (21.06.20, 05.07.20, 02.11.20) 10, Orry Lane (02.07.20)

24, Ballagyr Park - proprietor of the business at 27, Michael Street (09.07.20)

- 39, Stanley Terrace (15.07.20) 4, Ballatessan Meadow (17.07.20)

- 17, Market Street (16.07.20) The Deanery, Albany Road (17.07.20) 60, Patrick Street (16.07.20, 05.11.20)

25, Michael Street (17.07.20) Apartment 1, Peel Castle Apartments (17.07.20) 10, Michael Street (17.07.20, 20.07.20)

- 18A, Michael Street (17.07.20) 46, Patrick Street (15.07.20) 4, Peveril Terrace (19.07.20, 20.07.20. 05.11.20) Kerroo-ny-Glough Cottage, Greeba (16.07.20)

13, Castle Street (16.07.20) 21, Queen's Drive (06.06.20, 11.06.20) 103, Ballabrooie Avenue, Douglas (08.06.20)

- 6, Raad Bridjeen (04.08.20, 08.08.20)

- 8, Mount Morrison (12.06.20) The Mount (11.06.20, 13.06.20)

- 5.4.2 A petition was received from the Michael Street Traders, sent to Peel Town Commissioners, objecting to the application (24.07.20 and 02.09.20):

Atholl Place, 4, 5, 9, 10, 12, 18A, 15-19, 24, 25, 27, 33, 34, 37, 41, Avril's and Mitchell's Newsagent's in Michael Street

- 5.4.3 Another petition was sent to Peel Town Commissioners and copied to the Department, dated 22.09.20 and 25.09.20 expressing objection to the application and concern at any positive consideration by the Commissioners:

- 1, 8-10, 12, Athol Place Illegible number, Michael Street

3, 5, 6-8, 7A, 7B, 9, 10, 12, 15, 17, 18A, 19, 21, 20-22, 24, 25, 26, 27, 31, 32, 34, 38, Co-op, Michael Street Illegible Place Collectables Manx Wildlife Trust Illegible Michael Street

- 5.4.4 A petition was submitted to request a deferral (22.07.20) signed by the representatives of the following premises (listed as set out in the petition):

24-30, 25, 34, 37, 38, 41, Michael Street Douglas Street and 31, Douglas Street

20-22 Duncan's Diner Avril's Butchers The Bookshop Novel Experience Antique Centre

- 7, Glenfaba Road

12, Slieau Curn Park, Kirk Michael Cronk Ashen Farm 20, 50,Kerroo Coar

- 8, Gib Lane The Lynague, Ramsey Road

- 3, Glen Maye Park

- 2, Marina House, Marine Parade 10A, Castle Street

4, Queen Street The Gables, Rheast Lane 33, Stanley Terrace

- 23, Mountain View

40, 56 Patrick Street 12, 13, 30, Stanley Road Riverside, Lhagg Road, Dalby 30, Derby Road

- 6, Lyndale Avenue Station Road Cooley Lodge Farm She Dty Vea, Lower Foxdale Heatherbank 20, Shore Road (on twice) Wood Heights, Knocksharry Mill Croft, Glen Maye

3, Bridge Street

- 7, Tynwald Close Bluebell Close 18, Cronk Reayrt Belle Vue Park Illegible

- 4, Corrin Pirragh 10, Queen's Drive Cliff Cottage, Battery Road 33, Ballatessan Meadow

- 14, Bayr Cam

- 7, Athol Place (Collectables) Patrick Street.

5.4.5 A petition was received on 05.11.20 dated 30.10.20 responding to the amended plans, further objecting to the application for some of the reasons listed at the start of this section signed on behalf of the following properties:

- 3, 5, 9, 6-8, 7, 7A, 8-10, 10, 12, 15-19, 18A, 21, 22, 24, 24-30, 25, 27, 29 31, 32, 34, 37, 38,

41, Michael Street Atholl Place Collectables 1 and 12, Atholl Place

- 8, 14, Douglas Street

5.5 Some support in principle for the work has been given, provided that access is maintained for servicing the businesses 20-22, Michael Street (26.05.20) 12, Stanley Road (11.08.20)

- 24, Bridge Street (09.08.20)

## ASSESSMENT

6.1 The issues here is whether the proposed works would preserve or enhance the character or appearance of the Conservation Area and whether there would be any unacceptable highway safety impact. Impact on the Conservation Area - 6.2 The concern about the modernisation and change of character of Michael Street is understood and it is important that where new materials are introduced to an historic area, that the character of the area is not lost. In this case, the existing situation does not involve a consistent or particularly historic highway surface other than some spar kerbs. What is proposed would provide a consistent surface treatment but with an irregular width in terms of paving but not level, to accommodate the varying footpath dimensions in front of the shops. This will distinguish the route of the footways from the carriageway but providing it all on the same level will allow better negotiation by pedestrians along Michael Street and particularly for those with prams or wheelchairs. Given the re-use or replication of the spar kerb edges in Atholl Place, it is considered that the proposal will maintain the character of the Conservation Area albeit with a different appearance and a consistent finish.

6.4 The fact that the Commissioners, local heritage organisation and Registered Buildings Officer all support the application weighs heavily in the application's favour. Highway safety - 6.5 There is always the need to balance the maintenance of the character of an historic area with the need for a safe environment for users of the highway which in this case are pedestrians, vehicles and deliveries and servicing of the commercial premises. At present the footway is irregular in surface and width which is not conducive to either pedestrians using the footway or to pedestrian safety. What is proposed will create a level and consistent surface and although not consistent in its width such as to allow full access along its entire width, this will be an improvement on the existing. Given the width of the street it is not possibly to have two full width footways, one on each side of the carriageway with the carriageway itself being full width but what is proposed is considered to be a reasonable compromise given the historical and limited nature of the street. - 6.6 The fact that Highway Services raise no objection is relevant to this part of the assessment and as the dimensions of the footways and carriageway are not changing, there should be no adverse impact on deliveries and servicing the commercial premises served by the street. Other matters - 6.7 Many property owners have expressed concern at the length of time which the project may take to implement and the impact that may have on the running of their businesses. The undertaking of a development and impacts therefrom are not usually material planning considerations as such work and impacts are temporary and similar, if not the same impacts could be felt from works which would not require planning approval - repairs to the highway for example, or the installation or repair of services under the highway. It would be for the applicant as the highway authority to apply for the various licences and permissions to close the highway to undertake the works and this is not part of planning process. Whilst there will be inconvenience for those with premises on Michael Street, it is not considered that this should be a reason to refuse the application. CONCLUSION

7.1 It is considered that the works would have a beneficial impact on the character of the streets in question and would enhance the character of the Conservation Area in compliance with the Strategic Aim, Strategic Policies 4, 5 and 10, General Policy 2, Environment Policies 35,

42 and 43 and Planning Policy Statement 1/01. In addition, it is considered that there would be no adverse impact on highway safety and as such the scheme complies with Transport Policies 4, 5, 6 and 7 of the Strategic Plan.

## INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o whether there are other persons to those listed in Article 4(2) 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:…16.11.2020

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 16.11.2020

Application No. : 20/00455/B Applicant : Department Of Infrastructure Proposal : Reconstruction and regeneration works to highway Site Address : Michael Street & Athol Place Peel Isle Of Man

Principal Planner : Miss S E Corlett Presenting Officer As above

Addendum to the Officer’s Report

The Planning Committee overturned the officer recommendation refused the application at their meeting of 16th November, 2020 for the following reasons:

- 1. The introduction of a shared surface will not result in a safe environment for users of Michael Street, particularly pedestrians and could result in vehicles parking and manoeuvring in areas which should be reserved for pedestrian use contrary to General Policy 2 and Transport Policy 4 of the Strategic Plan.
- 2. The proposal, which would introduce a shared surface with materials different from the existing, would fail to preserve or enhance the unique character and appearance of the streetscene, contrary to Strategic Policy 4, General Policy 2, Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01.

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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/12987-german-athol-place/documents/996604*