Loading document...
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
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.
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,
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):
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
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
8-10, Atholl Place Illegible number, Michael Street
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
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
6, Raad Bridjeen 21, Queen's Drive 103, Ballabrooie Avenue, Douglas
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
2, Marina House, Marine Parade 10A, Castle Street
3, Bridge 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
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
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.
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:
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 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.
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 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:
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.
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
5.4 Local residents
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
24, Ballagyr Park - proprietor of the business at 27, Michael Street (09.07.20)
25, Michael Street (17.07.20) Apartment 1, Peel Castle Apartments (17.07.20) 10, Michael Street (17.07.20, 20.07.20)
13, Castle Street (16.07.20) 21, Queen's Drive (06.06.20, 11.06.20) 103, Ballabrooie Avenue, Douglas (08.06.20)
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
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
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
12, Slieau Curn Park, Kirk Michael Cronk Ashen Farm 20, 50,Kerroo Coar
4, Queen Street The Gables, Rheast Lane 33, Stanley Terrace
40, 56 Patrick Street 12, 13, 30, Stanley Road Riverside, Lhagg Road, Dalby 30, Derby Road
3, Bridge 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:
41, Michael Street Atholl Place Collectables 1 and 12, Atholl Place
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)
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.
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
_______________________________________________________________ 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.
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:
Copyright in submitted documents remains with their authors. Request removal
