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Application No.: 16/01013/A Applicant: Balgillo Limited Proposal: Approval in principle for residential development Site Address: 31-39 South Quay Douglas Isle of Man IM1 5AX Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation
1.0 SITE - 1.1 The site represents the curtilage of 31-39, South Quay, Douglas located to the south of South Quay and north of Douglas Head Road which run along the southern boundary of the site. - 1.2 Within the site are a total of eight attached industrial styled single storey buildings which are used for a variety of uses including garages, workshops, exhaust and tyre garage, model railway exhibition centre. These buildings and uses have been in place for a number of decades.
2.0 PROPOSAL - 2.1 The application seeks approval in principle for residential development. This application seeks no matters to be reserved and therefore only the principle of residential development is sought under this application.
3.0 LAND USE ZONING / PLANNING POLICIES - 3.1 The application site is mainly within an area recognised as being an area of "Predominantly Residential Use" under the Douglas Local Plan. The site is not within a Conservation Area, but the site is adjacent/near to a Conservation Area which runs along North Quay. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application: - 3.3 Strategic Policy 1 states: "Development should make the best use of resources by:
3.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
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3.5 Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4." - 3.6 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
3.8 Environment Policy 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."
3.7 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 3.8 Environment Policy 43 states: "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." - 3.9 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
3.10 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
and 10;
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4.0 PLANNING HISTORY - 4.1 There have been a number of previous planning applications to individual units within the site; however, none is considered relevant in the assessment and determination of this application.
5.0 REPRESENTATIONS - 5.1 The Douglas Borough Council have no objection (on 01.11.2016). - 5.2 Department of Infrastructure Highways Services comment (on 29.09.2016): "The proposal is to change the use of a site from light industrial to residential. The application contains no details regarding the type or number of dwellings or the proposed access arrangements.
The site is fronts onto South Quay and there are currently several units each with direct access onto the highway; residential development is likely to reduce the points of access.
Due to the change in nature of traffic generation in terms of type and peak hour movements a transport assessment is required assessing the impact on the round a bout junction at South Quay and Douglas Head Road.
Highway Services does not oppose this application subject to the following condition:
Reason: In the interests of road safety."
5.3 Manx Utilities Authority - Drainage make the following comments (23.09.2016): "Manx Utilities Authority has assessed the above planning application requests that you submit a Flood Risk Statement due to the proposed development being within existing flood zone.
The statement should include details of safe access routes and a list of precautionary measures being taking to limit damage within the property in the event of a flooding incident. Such measures should include ensuring that all electric points are located above the predicted floor levels, provision for flood boards are made and non-return valves installed on any foul and surface water drains…
..Manx Utilities also recommends that no apartments be placed at ground floor level where they would be vulnerable to a flooding event."
In a separate email they also comment that (21.10.2016): "With regards to existing combined public sewer that currently runs from Head Road to South Quay underneath unit 31 (see below), please be advised that this is a critical sewer and any diversion may be difficult due to the impact this will have on the hydraulic performance of the Syphon's underneath the harbour. I'd be grateful if you could liaise with us as the application progresses to ensure this is considered for the proposed layout."
6.0 ASSESSMENT - 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development; and (b) flooding/drainage matters. PRINCIPLE OF DEVELOPMENT - 6.2 The first and main issue relating to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, the site is designated as
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predominately residential use and therefore the proposal for residential development is acceptable in terms of complying with the land-use designation.
6.3 Consideration should also be given to The Isle of Man Strategic Plan which has been adopted (June 2007 & 1st April 2016). Within this document Strategic Policies 1 & 2 require that new dwellings be located within existing sustainable settlements. Spatial Policy 1 also indicates that the Douglas urban area will remain the main employment and services centre for the Island. - 6.4 The more recent update to the Isle of Man Strategic Plan 2016 which has been undertaken and adopted, identified that a total of 2,440 new dwellings are required to be provided between the years of 2011 to 2026 in the east of the Island alone. A total of 5,100 dwellings is required over this same period throughout the Island. Given Douglas is regarded as the main employment and services centre for the Island, it is reasonable to consider the majority of these dwellings are likely to be provided in or around Douglas.
6.6 Accordingly, given the above reason it is consider the principle of developing the majority of the site for residential purposes is acceptable. FLOODING/DRAINAGE MATTERS - 6.7 Manx Utilities' concern is noted in relation to concern of flooding and regarding the position of existing main sewers which run through the site along the western boundary. When dealing with any AIP application the Planning Directorate needs to be comfortable that any potential issues (i.e. flooding) can be overcome and in some instances may seek the information at this AIP stage. However, in this case it is considered reasonable to acceptable solutions can be undertaken to ensure the issues relating to flooding/drainage can be overcome, and therefore it is considered such matter can be dealt with at any Reserved Matters stage. In relation to flooding a condition should be attached which requires a Flood Risk Statement be submitted as part of any future Reserve Matter application.
7.0 RECOMMENDATION - 7.1 Overall, it is considered the principle of residential development is appropriate on this site for the reason indicated and therefore recommended that the application be approved.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: Manx Utilities
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Recommendation Recommended Decision: Permitted Date of Recommendation: 23.11.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
This approval relates to drawings reference numbers SC1434/P/10-01, LS-01, LS-02 and LS-03 all received on 24th August and 23rd September 2016 (application form).
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 30.11.2016 Determining officer
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Signed : S CORLETT Sarah Corlett Senior Planning Officer
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