Loading document...
Application No.: 19/00623/B Applicant: Baywash Limited Proposal: Erection of an open sided structure, addition of a porta cabin office (retrospective) and change of use from industrial site to use as car wash/car valet business Site Address: Unit 21 South Quay Douglas Isle Of Man IM1 5AR Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Refused Date of Recommendation: 01.12.2020 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The proposed use as a car wash/valeting/car parking business would not be in accordance with the land use designations and Mixed Use Proposal 7 of the Area Plan for the East. Furthermore, such use would likely also detract from neighbouring sites from being development in compliance of Mixed Use Proposal 7, given the proposed uses and appearance of the site in question. - R 2. The proposal would be contrary to Environment Policy 36 and General Policy 2 as the proposal would detrimentally affect important views into and out of North Quay Conservation Area. - R 3. The use of the site as a temporary/fully fledged car park would reduce the likelihood of a prominent brownfield site being brought forward and this would be contrary to Strategic Policy 1 of the Strategic Plan (2016), the policy on car parks as set out in "Reform of the Planning System - Programme for Government 2016 - 2021" and the recommendations of the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites (2017-2018). _______________________________________________________________
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):
Manx Utilities 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 and area 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
THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE - 1.1 The site 25 South Quay, Douglas until recent times had a industrial unit on the site which was recently demolished. The site is within a wider industrial/commercial area and to the rear is a steep bank. The site has an existing access onto South Quay. The site has now been cleared and has a concreted surface has been laid. These works are similar to those approved under planning application 18/00013/B (see planning history). The site also includes a open side car port styled building and a porta cabin building.
2.0 THE PROPOSAL - 2.1 Planning approval is sought for the erection of an open sided structure, addition of a porta cabin office (retrospective) and change of use from industrial site to use as car wash/car valet business.
3.0 PLANNING POLICY - 3.1 The site lies within an area of "Mixed Use Proposals Area - Quayside" and "Proposed Comprehensive Treatment Area - 3. Riverside and Peel Road" on the Area Plan for the East
3.2 The following policies are considered relevant from the Area Plan:
There will be a presumption in favour of the comprehensive re-development of the southern side of the quay, including the potential re-positioning of the highway of South Quay between Old Castletown Road and Fort Anne Road, for new uses in the following categories:
3.2 The Isle of Man Strategic Plan (2016) contains a number of relevant policies.
3.2.1 Strategic Policy 1 indicates that best use should be made of resources by optimising the use of previously developed land.
4.1 The Council of Ministers have approved an Action Plan to Reform the Planning System (hereafter "The Action Plan"). The document "Reform of the Planning System - Programme for Government 2016 - 2021" GD2018/0031 was laid before Tynwald on 15th May 2018. One of the actions set out within this is that, "Council of Ministers have agreed the following Policy
with immediate effect: In order to continue to incentivise and support site redevelopment and the associated economic development, Planning Approval should not normally be given for brownfield sites to be used as temporary car parks" and that this is important, "To ensure faster brownfield site redevelopment and encourage socio-economic development".
4.2 The Central Douglas Master-plan is not a statutory document but was approved by Tynwald in 2015, "as a general framework for the development of Central Douglas, a material consideration in the determination of planning applications and the formulation of planning policy, most notably the Area Plan for the East". The format of the Master-plan was intended to ensure that, "The evidence base and project proposals could be reviewed for inclusion in the Area Plan for the East". It breaks the area down into 8 Character Areas based on a combination of function and identity. Within each Character Area individual project proposals are set out to strengthen the Character Areas, and carry forward the Vision and Objectives. It forms part of the evidence base to the Area Plan. - 4.3 Report of the Select Committee of Tynwald on the Development of Unoccupied urban sites (2017-2018) (hereafter "The Select Committee Report" recommended that,
"Tynwald calls upon the Council of Ministers and all Departments to use every means at their disposal to encourage and prioritise the development of unoccupied or previously developed urban sites ahead of building on greenfield sites in the Manx countryside; and in particular that Tynwald is of the opinion that urgent action should be taken … (iv) to use the planning system, taxation and other potential incentives to discourage greenfield development; (v) to use the planning system, taxation and other potential incentives to encourage brownfield development in Development Zones in Douglas and in other urban areas".
4.4 The Manual for Manx Roads (published by the Department of Infrastructure) sets out detailed guidance on highways matters.
5.1 Demolition of existing industrial unit and formation of car park for a period of 4 years 18/00013/B - was approved by the Planning Committee, contrary to the recommendation to the Planning Officer who had recommended a refusal, on the grounds that the emerging Area Plan and need for short-term parking to make up a potential shortfall during significant projects may be capable of making the situation 'not normal' in relation to the CoMIN policy. The approval included various conditions (below). Works were subsequently carried out, although as the development/use of the site has never been in accordance witth this approval it is questionable as to whether this was implemented, and so all the works that have currently taken place on site could be seen as unauthorised. In any case, what is now proposed is materially different from what was previously approved.
Reason: The development is within an area identified as being at risk of flooding. C4. No barrier shall be installed across the entrance to the site. Reason: To prevent a situation whereby cars may need to wait to access the site and thus cause a highway obstruction.
(03)003RevC. Reason: To avoid unnecessary light pollution."
5.2 Alteration and sub-division of existing industrial unit into two units, one for storage and management of aircraft spares, the other as garage with tyre and exhaust services (Amended plans received) - 10/00094/B - APPROVED - 5.3 Change of use from industrial to retail - 09/01670/C - APPROVED - 5.4 Change of use to car showroom - 91/04185/C - APPROVED
6.1 Douglas Borough Council have no objection (22.08.2019 & 14.10.2020).
6.2 DOI Highways Services made the following initial comments (26.09.2019): "The proposed use would significantly increase the vehicle movements when compared with the existing use as a garage repair business. The storage of 24 cars throughout the day and facilities for car washing / valeting require space in order to store cars waiting to be cleaned and also for manoeuvrability so they can enter and exit the premises safely. Concerns are raised that the site is not large enough to accommodate the number of vehicles and at the same time cater for the comings and goings of other vehicles. The proposals would increase the likelihood of vehicles being parked on south quay at busy times. Given the lack of any information relating to the car parking layout for operation as a whole, the proposals are not considered acceptable. Refusal is therefore recommended on highway safety grounds in terms of vehicles being displaced out onto the public highway. Recommendation: Object"
operation of a 30 space temporary car park under planning approval 18/00013/B which modified original site access to that depicted on the proposed site plan for this submission plus alterations to the streetscape on installation of layby parking, better controlling on-street car parking, reallocating carriageway space and altering the streetscape perspective. Furthermore, nearby similar car wash facilities do or have not caused road safety issues or hindered network efficiency. Furthermore, whilst we recognise that the proposed change of use would entail greater car based usage than as an industrial site with 24 vehicles passing through at any one time, this amount of vehicles can be accommodated on-site with a portakabin and canopy in situ along with the car wash circulation and area for valeting. Given the control of on-street parking arrangements, there is unlikely to be a potential for queuing onto the highway whilst waiting for car washing. As drawn and understood, this proposal raises little risk of highway safety or network efficiency issues and we can no longer justify, the reasons for opposing the proposal in our response dated 26 September 2019. Accordingly, based recent and proposed operations at the site we withdraw our objection and now raise no opposition. Recommendation: DNO."
6.3 Inland Fisheries (DEFA) comment that they do not have an objection form the car wash flow into the existing drains, but there does not seem to be anything in place to make sure they do not overtop and flow down the road. If Planning are happy that this is unlikely to happen then we do not have any issues (18.12.2019). - 6.4 Manx Utilities (Drainage) have no objection subject to a condition/note (15.10.2020).
7.1 The principle issues with the application is the land use zoning and whether the use of the site as proposed is acceptable; potential visual impact upon the street scene and upon views in and out of the Conservation Area and potential Highway Safety issues. The land use zoning / use of site
7.2 The site has recently been adopted as being within Mixed Use Proposal 7 which states that; "There will be a presumption in favour of food and drink and other leisure-type uses on North Quay. Further the Area Plan for the East states in such area: "There will be a presumption in favour of the comprehensive re-development of the southern side of the quay, including the potential re-positioning of the highway of South Quay between Old Castletown Road and Fort Anne Road, for new uses in the following categories: Tourism, Offices, Food and Drink, Leisure, Reception and function venues , Business hubs/share-service offices and Residential uses at first floor level and above. The proposal would not be in accordance with any of the uses listed. It is considered the proposal would be contrary to Mixed Use Proposal
7.3 The use on the site also raises concern that part of the site is being used as a temporary/fully fledged car park. Whilst the applicants have not formally included the use of the site as a car park; it is noted on the applicants Facebook page they made the following comments:
"Limited Car Parking spaces available! Competitive Rates, Discount on Car Wash Services and CCTV in place for your security. Monthly, Quarterly and Yearly payment options available! PM for more details" (8th November 2020)
And
"Normally Walk/Cycle to work but don't fancy it over the winter months?? We have Some Car Parking spaces available! Competitive Rates, Discount on Car Wash Services and CCTV in place
for your security. Monthly, Quarterly and Yearly payment options available! PM for more details" - 26TH November 2020
7.4 Clearly therefore the applicants are or have the intention of using the site for parking as well. Accordingly, the use of the site as a temporary or fully fledged car park raises concerns that the use of the site as a temporary or fully fledged car park discourages investment in its more permanent and appropriate development, and the likely condition of the site in the interim/foreseeable future is one which raises significant visual impact. The recently adopted Council of Ministers policy gives a firm view as to how these issues might be considered and it is considered this proposal would fail this policy. - 7.5 As mentioned there is significant concerns of the visual impact of the use of the site and the associated buildings/structures which are in place; all of which are of poor form/design and finis, which have a detrimental impact upon the visual amenities of this prominent site along South Quay and being a Gateway site into Douglas. Furthermore, the site visually does not add to the character or street scene and is directly opposite a Conservation Area (North Quay) and therefore has a detrimental effect upon important views into and out of the Conservation Area contary to Environment Policy 36. Highway Safety - 7.6 The comments from DOI Highway Services are noted and relied upon in this regard, and so it is considered that the proposal is acceptable in terms of highway safety.
8.1 Overall, allowing the site to be used as a car wash facility/car park would reduce the likelihood of a prominent brownfield site being brought forward and this would be contrary to Strategic Plan Strategic Policy 1, The Action Plan, the recommendations of the Select Committee Report; and Mixed Use Proposal 7 of the Area Plan for the East. Furthermore, the proposal would be contrary to Environment Policy 36 and General Policy 2 as the proposal would detrimentally affect important views into and out of the Conservation (i.e. North Quay Conservation Area). Accordingly, the application is recommended for a refusal. - 9.0 INTERESTED PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4)), the following persons are automatically interested persons:
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 that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Committee Meeting Date: 14.12.2020
Signed : C BALMER 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
Copyright in submitted documents remains with their authors. Request removal
