3 May 2012 · Committee
Tennis Courts, Nobles Park, Douglas, Isle Of Man, IM2 4bd
This outline application sought approval in principle to erect a covered events hall on the tennis courts within Noble's Park, Douglas. The site is a rectangular parcel of parkland adjacent to a bowling green, skate park, and children's play area, with open parkland to the south. The planning committee refused the application in May 2012, in line with the officer's recommendation. Three specific concerns were identified: the potential for evening events to cause noise and disturbance to neighbouring residents; the visual impact of the building's position and scale on the park and surrounding area; and a complete absence of information about how 180 car parking spaces would be provided. Because the application was submitted in principle only, it lacked the detail needed to demonstrate that these significant issues could be resolved, leaving the committee unable to approve it.
The planning committee refused this application on three grounds: the applicant did not demonstrate that evening events would avoid unacceptable noise and disturbance to nearby residents; the position and scale of the proposed building were not shown to avoid adverse visual impact on the park and surrounding area; and no information was provided to show how the required 180 car parking spaces would be provided. The official portal decision is recorded as Refused on 2012-05-03.
Refusal Reasons
General Policy 2
The proposed use of the building for a wide range of events during evenings would result in the potential for unacceptable noise and disturbance to local residents contrary to General Policy 2
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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Transport Policy 7
The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
Transport Policy 7: 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. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Recreation Policy 2
Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances
Recreation Policy 2: Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall com munity gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area. 10.3.6 In the case of residential developments for 10 or more dwellings, the Department proposes to adopt the following general standards (which refer to the area required per 1000 head of population): Recreational Open Space Sports Pitches 1.8 ha Children's Play Space 0.6 ha Amenity Space 0.8 ha 10.3.7 These general standards will be applied having regard to the following circumstances: (i) the size, type, and particular needs of the resident population in question; (ii) the needs of visitors to the area; and (iii) the proximity and availability of existing Open Space, including the foreshore, public glens and parks, and school fields which may be available for public use outside of school hours. More detail is set out in Appendix 6. 10.3.8 The Department has therefore adopted the following policy such as to plan positively for the provision of well-designed recreational and amenity space.
Community Policy 2
New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings.
Community Policy 2: New community facilities should be located to serve the local population and be accessible to non -car users, and should where possible re-use existing vacant or underused buildings. 10.7.2 Local community facilities are important in providing for local communities without the need for travel and should be retained unless the site or premises are no longer suitable for the current or an alternative community use. Developers will be expected to demonstrate that the potential to use the site or building for other community uses has been investigated.
