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Application No.: 20/01198/B Applicant: Nick Cool Proposal: Erection of marquee and ice rink for seasonal use over a period of three months Site Address: Former Lord Street Car Park Lord Street Douglas Isle Of Man IM1 2BL Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.11.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need.
Reason: The car park is to serve the development proposed and the charging for spaces could be seen to discourage the proper redevelopment of the site and would be contrary to the Council Of Ministers' aims in the Planning Action Plan.
Reason: To ensure adequate parking spaces for specific users are in place and in the interest of highway safety.
N 1. The Applicant is recommended to contact the DOI for post planning arrangements for temporary direction signing and other regulatory requirements etc.
This application has been recommended for approval for the following reason.
The temporary proposal would have no unacceptable impact upon public or private amenities and would comply with Transport Policy 4, Transport Policy 2, Transport Policy 7, Transport Policy 1, General Policy 2, Spatial Policy 1, and Strategic Policy 10 of the IOM Strategic Plan 2016, Douglas Local Plan, and the Modified Draft Plan for the East.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received; 15th October 2020
6th November 2020 DWG No2009/PL1000 REV C
_______________________________________________________________ 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):
A resident of Onchan 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; 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
1.0 THE SITE - 1.1 The site is a parcel of land approximately 0.52 hectares in size, which is located on a corner plot with Lord Street to the north, Parade Street to the east, North Quay to the south and Harris Lane/Chapel Row to the west. The site was until recently used in the main as a car park (180 spaces) and along the north edge of the site Lord Street Bus Station. - 1.2 Due to the former use of the site as a car park the character of the site is a large expanse of hard surfacing, with an approximate 1.8m high timber fence running along the northern and eastern boundaries of the site. The southern and west boundaries of the site are open with no boundary features, the exception being a metal fence running parallel with the gable end of the neighbouring buildings (Nr 1 Lord Street (café) and the public house The Albert) and a public footpath which runs between Lord Street and Chapel Row/Harris Lane.
1.3 The northern section of the site accommodates the existing bus station which is made up of five bus shelters situated at the back of the pavement. A public footpath then fronts these shelters and a large lay-by for buses to park can also be found. - 1.4 Access into the car park can be achieved via Harris Lane and Chapel Row. To exit the car park vehicles must exit via Harris Lane and onto North Quay (one way system).
2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the erection of marquee and ice rink for seasonal use over a period of three months. The proposal would include a marque (20m x 30m), a facilities tent (10m x 10m), a service compound, and would set out disabled parking spaces, ambulance parking, mini bus parking & parent child spaces adjacent to the marquee; whilst the remainder of the car park would be for patrons of the site only (63 spaces). A kiosk selling drink and snacks from inside the marquee (non alcoholic) is proposed.
3.0 PLANNING HISTORY - 3.1 The following previous planning applications are considered relevant in the determination of this application:
4.1 The site is within an area designated as "MIXED USE - Town Centre" by the Douglas Local Plan. The site is not within an area of High Landscape Value and Scenic Significance. The application site is not within a Conservation Area nor within an area designated as Natural Conservation Zones, Nature Reserves & Sites of Ecological Importance for Conservation. However, the site immediately adjoins the North Quay Conservation Area to the west of the site.
4.3 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application. - 4.4 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to:
4.5 Spatial Policy 1 states: "The Douglas urban area will remain the main employment and services centre for the Island."
4.6 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:
4.7 Transport Policy 1 states; "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes". - 4.8 Transport Policy 2 states: "The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems." - 4.9 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." - 4.10 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. The current standards are set out in Appendix 7." - 4.11 The Modified Draft Area Plan for the East (2018)
4.11 The site is within a Distinct Mixed Use area under the draft plan and specifically Mixed Use Area 5 which includes this site and three other sites in the immediate area to the north and east of site. - 4.12 Mixed Use Area 5 states: "This area provides the most redevelopment opportunities. The area is well located, near to the Sea Terminal, the Quayside and the retail areas. It is identified in the Central Douglas Masterplan as having potential for a variety of uses appropriate to the Island's capital". - 4.13 Town Centre - Mixed Use Proposal 5 states: "There will be a presumption in favour of large or comprehensive development schemes for uses in the following categories: - 4.14 It is noted that the plan has been approved by Tynwald but is not yet currently in force.
5.1 Douglas Borough Council made the following initial comments (02.11.2020): "Good morning, with regards to the above application could you kindly ask the applicant to provide details on the availability of disabled parking as part of the provision of the 60 spaces shown on the plans.
The applicant also states that they are seeking permission to operate from the 13/11/20 for a period of three months. The applicant must be made aware that nothing can be done until planning approval has been granted and given the application was only advertised on the 30/10/20 it is simply not feasibly possible for the applicant to start operating the ice rink until the planning application has been considered and approved.
The applicant will also need to make an application to building control prior to the marquee being used."
5.2 Following these comments and amended plans/information being provided; Douglas Borough Council made the following comments (16.11.2020);
"The above application was placed before the Council's Environmental Services Committee at a meeting held on the 16th November 2020. Following consideration of the application the Committee resolved to fully support the application and would kindly ask that the planning authority gives consideration to the following should the application be approved.
That accessible parking is provided for disabled drivers. That consideration is given to traffic flow and congestion and puts measures in place to manage traffic flow. That no hot food should be sold from the marquee or the facilities tent.
That adequate bin storage is provided as has already been discussed with Douglas Borough Council's Waste Management Services Management Team prior to the opening of the ice rink.".
5.3 Highway Services initially made the following comments (04.11.2020): "Whilst circulation in the car park is likely to function adequately and four disabled spaces are welcomed, Highway Services queries the need for 65 car parking spaces in total. This amount is relatively high for the size of the marquee and in relation to the Strategic Plan parking standard for assembly and leisure of 1 space per 15sqm, proximity to bus routes and the bus interchange and walkability etc. No details are given of the ice skating capacity of the rink, numbers of staff and visitors, sessions, or any booking system. Additional information is necessary to assist with an assessment of car parking need and congestion impact which is related to pedestrians queuing as well as traffic. The morning peak is avoided by the 10AM start, but a booking management system would greatly reduce the queue risk, searching for spaces and disruption to the bus stands and other parts of the highway nearby.
We anticipate that many people may travel in groups, and larger spaces or area, if unmarked, should be set aside for passenger vans and minibuses at size 7.5 x 3.5m and parent and child spaces at 3.6m widths. The number of disabled spaces is borderline acceptable. It is just below the usual acceptable levels for sports facilities at a minimum of two or 8% of the total required whichever is greater equivalent to six spaces; although using another measure of one accessible space per 25 total spaces, the number is acceptable, suggesting three spaces. Bicycle parking should be provided for staff and visitors; although there are some spaces available in Villiers Square.
The existing access to and egress from the site would remain adequate given the previous use as a car park and the site layout suggests clarity over circulation, including for emergency
vehicles. Additionally, the Health and Safety risk assessment would address emergency provisions to and from as well as within the marquee. A clear area for emergency vehicles in advance of the entrance should be provided and retained for the duration. Ice skating is a risky activity with falls and need for medical attention commonplace, especially as there are likely to be range of abilities present.
There is space to accommodate waste storage / litter bins and these and the collection can be arranged via Douglas BC or a commercial provider.
To fully satisfy highways requirements of safety and network efficiency, additional information and revisions are necessary."
5.4 Following these comments the applicants, Highways and the Department discussed the points raised and additional information was received. Following these being submitted, Highway Services have made the following comments (13.11.2020); "o Retaining the existing vehicular access and egress.
A section of fence should be removed on Lord Street to facilitate direct access for pedestrians from and to the bus interchange which should be reinstated after expiration of the planning term. Furthermore, the DOI is willing to work with the Applicant on pedestrian routes especially from the area of the Sea Terminal where footway space is more restricted and a dual carriageway needs to be crossed. A temporary crossing could be trialled to create gaps. Bicycle parking should be installed notwithstanding space in Villiers Square.
The car park may require a temporary Off-street Parking Order for disc parking post planning consent. As these can take some time resolved, the Applicant is advised to contact the DOI's Regulations Manager. The installation of signing at the site would assist users by indicate
As road safety and highway efficiency concerns are largely met, Highway Services withdraw opposition to this proposal. Based on the revision and opportunities to manage the operation, we raise no objections now subject to conditions for the layout to accord with Drawing no: 2009/PL/1000 rev c, plus others to provide suitable car park opening and closing times, removal and reinstatement of a section of fence on Lord Street, as well as details of any signing and bicycle parking. An advisory to apply for the Applicant to contact the DOI for post planning arrangements for temporary direction signing and other regulatory requirements etc.
Recommendation: DNOC"
5.4 A Resident of Onchan makes the following comments (31.10.2020): "The Ice Rink is not needed at this location for multiple reasons.
6.1 The principal issues are whether the use of the site for a 3 month period is acceptable and the potential impact upon traffic and parking provision.
6.2 As outlined within the planning history section of the site, the site has gained planning approval for a large mixed use development. Concern has previously been raised that the temporary uses on town centre sites such as car parking acts as a disincentive for redevelopment. Accordingly, the Council of Minister, in the Planning Action Plan, agreed that contiual use for these should be restricted.
6.3 The current proposal is not considered to raise the same concern, namely given it would provide a beneficial recreational facility for visitors; beneficial to Douglas Town Centre (i.e. shops, restaurants etc) and the proposed use is only for a 3 month period. - 6.4 There was some initial concern as the proposal does seek to utilise the adjacent car park which is proposed by the applicant to be controlled via a disk zone parking (2 hr period) and that parking wardens will fine people during this period. The concern with this is that the wardens will only look at the times of the person's disc zone and not where the person has actually gone. There is a real risk that people not using the ice rink will use the site for parking. However, this argument could be made on any private car park which is associated with any office, shop, leisure activity etc. Accordingly, it is in the applicants own interest that the parking associated with the site is used for persons utilising the ice rink. Failure to do so would impact on their own customers. The concern about the use of the site for car parking being a disincentive to redevelopment is overcome if the owners are not receiving any income from parking charges. A condition should be attached to any approval which prevents the applicants from generating any money for parking. - 6.5 Overall, the proposal would provide a beneficial recreational facility for visitors; in a sustainable location and is for a short term period. - 6.6 In relation to traffic impacts / parking provision, detailed comments can be seen from Highway Services who have outlined the issues and their comments. Accordingly, given these comments and no objection being received from Highway Services, it is considered the proposal from a parking perspective is acceptable and the traffic generated by the development is also acceptable and therefore all complies with the relevant policies of the IOMSP. The site is also directly adjacent to the main bus station on the IOM and therefore there is good public transport links to the attraction throughout the Island.
7.1 Overall, it is considered for the reasons outlined within this report the temporary proposal would have no unacceptable impact upon public or private amenities and would comply with Transport Policy 4, Transport Policy 2, Transport Policy 7, Transport Policy 1, General Policy 2, Spatial Policy 1, and Strategic Policy 10 of the IOM Strategic Plan 2016, Douglas Local Plan, and Modified Draft Plan for the East. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 23.11.2020 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control
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