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Application No.: 22/00410/A Applicant: Loades IOM Limited Proposal: Approval in Principle for residential development with all matters reserved except position of access Site Address: Olive Court And Loades Buildings Ramsey Road Peel Isle Of Man IM5 1UR Senior Planning Officer: Jason Singleton Expected Decision Level: Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 11.10.2022
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019
Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
Reason. In order that the necessary infrastructure is provided to meet the needs of future residents in the interests of residential and environmental amenity.
N 1. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 24th October 2022. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.
This application has been recommended for approval for the following reason.
The application for approval in principle for residential development on land zoned as industrial would be in accordance with the exception within Strategic Policy 7 and is recommended for approval.
Plans/Drawings/Information;
This decision relates to drawings and supporting information received on 13 April 2022, referenced; 001 _______________________________________________________________
Additional Persons
Both Manx Utilities and the Department of Infrastructure (Housing) have made material planning comments on the application and as such it is recommended that they receive Interested Person Status. _____________________________________________________________________________
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN OBJECTION FROM THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR AN APPROVAL
1.0 THE SITE - 1.1 The application site is land and buildings located to the south of the Ramsey Road. On site are two separate buildings, one a two storey office building with extensions to the south and west and a larger rectangle two storey 'factory' building. Surrounding the buildings are hardstanding car parking and landscaped areas of grass and mature planting to the boundaries.
2.0 THE PROPOSAL - 2.1 Approval in principle (AIP) is sought for development of the land for residential purposes. This would involve the demolition of the existing building previously used for industrial purposes. The AIP also includes details of the means of access to be determined at this stage and which is to be the same as existing. Matters reserved for later approval are: siting, design, external appearance, internal layout of buildings, site layout, drainage and landscaping - 2.2 The proposal would ensure that the existing vehicle access is maintained and adjusted so it can be re-used to access a residential development. Sight lines of 2.4 x 43m visibility splays have been demonstrated on the plans showing no vegetation or other obstructions above 1.05m high to be maintained for safe vehicle access and egress. - 2.3 The agents in support of the application notes; "The area of the site known as Olive Court has, over recent times, had several occupiers; it is
regrettable that the majority of the units lie vacant as break clauses within leases have been triggered due to Covid 19 downturn in business and a general reluctance to be located away from other businesses in Peel. A single occupier currently uses units 1, 2 & 3 to provide a dance academy; this is not strictly employment use in terms of land use zoning, and it is considered that the application before you is not premature to the Area Plan process"… "We confirm that a submission has been to the Area Plan for the North and West based on the site being suitable for residential development and available to develop immediately"…"The site is adequately serviced by all statutory authority services and the site can be drained into public sewers adjacent to the boundaries"… "The density associated with development of the site has yet to be explored and it is through this process that the approval in principle is in the first instance requested".
3.0 PLANNING POLICY - 3.1 The application site is identified on the Peel Local Plan 1989 as Industrial with Notation No.7 and cross referenced to policies 6.7 & 6.8 within the written statement. Those two policies say;
6.7 - "The land which has been zoned for industrial use is considered sufficient and no
further allocation is envisaged".
6.8 - "Residential development in the vicinity will be discouraged".
3.2 The application site is not within Peel's Conservation Area; nor identified as being at flood risk; nor are there any registered trees or tree groups on site. - 3.3 Within the emerging Area Plan for the North and West, on Map 6 (Peel) the land is proposing to designate the land as "Predominately Residential" with bands of existing open space to the western and southern boundaries. The site is referenced as PR001, Peel, 1.38 hectares - predominantly residential. - 3.4 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy
4b Protection of the landscape and biodiversity
Spatial Policy
General Policy
Environment Policy 24 Requirement for an EIA (more than 30 homes) 42 Designed to respect the character and identity of the locality
Housing Policy
Recreational Policy
6 Equal weight for vehicles and pedestrians 7 Parking Provisions
Energy Policy
Infrastructure Policy
Community Policy 1 Community provisions and neighbourhood centres 7 Designing out criminal and anti-social behaviour
3.5 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
3.6 Our Island Plan (2022) Essentially sets out the overall ambition and vision for the Island from 2021 - 2026 with core strategic objectives to offer a 'secure', 'vibrant' and 'sustainable' Island. One broad aspect that is noted as a fundamental issue is; "Tackle the housing crisis by ensuring everyone has a suitable and affordable place to call home and our housing stock meets the needs of our population now and into the future". (page 3) - 3.7 Employment Land Review (2013) and revised in 2017 with supplementary updated information. This is an evidence base to inform land use plans and individual planning applications, and to support activity to stimulate economic growth.
4.0 PLANNING HISTORY - 4.1 The application site has a number of former applications regarding the use and alterations to the existing buildings, however the last application on site is deemed material in respect of this application;
07/01974/R - Continued use of site for the storage of equipment and mobile structures on land surrounding existing industrial buildings. Refused at appeal.
5.0 REPRESENTATIONS (in brief - full reps can be read online) - 5.1 Peel Town Commissioners (13.05.22) OBJECT; "because it is premature pending the development of the Northern and Western area plan." - 5.2 Highways Development Control (14.04.22) do not oppose subject to condition requiring further information at the reserve matters stage and gave supportive commentary; "On change to a residential use, it should be modified to meet current requirements to better cater for pedestrians and cyclists, such as by a reduction in size and dropped crossing of the footways, including to the north side of Ramsey Road. Additional details will be necessary at reserve matters stage. A road safety audit and swept path analysis would be necessary too". - 5.3 Highways Development Control (27.04.22) advises for clarity that; "Bus Vannin and Highway Services would require the retention of the bus stop infrastructure on south side of the access due to the lack pavement between Belle Vue and Oak Road entrances." - 5.4 MUA- Drainage (18.05.22) "have concerns over the capacity of the downstream combined sewers within Derby Road Peel. MU are currently undertaking hydraulic modelling of this section of the sewerage network in order to determine what works are required to accommodate future developments in the area. Any subsequent planning approval for the change of use of this parcel of land to residential use does not guarantee connection to the public combined sewerage network for any future foul flows. A full assessment of the potential foul flows will be made by Manx Utilities when any detailed planning application is subsequently submitted for residential development on the site". - 5.5 DoI Housing and Estates (15.09.22) gives comments on the number of persons on the waiting list for First time buyers register for the West and Island wide and will seek; "the applicant to enter into a Section 13 Agreement with the Department to provide affordable housing, based upon the usual calculation of 25% of the number of units".
6.0 ASSESSMENT The main issues to consider in the assessment of this planning application are identified
thematically as follows:
6.1 PRINCIPLE - 6.2 The starting point here is the current land use designation from the Peel Local Plan which designated this site as Industrial and as the application is for residential development. The application site has been used in accordance with the land use designation in the past and the application could legitimately be refused on the principle alone under Strategic Policy 7 which seeks for the protection and retention of such land uses. However, the emerging plan for the North and West seeks to re-designate the land as residential. - 6.3 A planning balance has to be struck from what the use is now (industrial) to what is being proposed (residential) giving consideration to the planning history and former uses of the site as a material consideration bearing in mind the emerging area plan and whether this application is premature as noted by Peel Commissioners. - 6.4 In favour of the principle of the application would be Strategic Policy 1 to 'optimise the use of previously developed land' and given the site is within the town boundary of Peel (service centre) would place the site in an area with a presumption in favour for 'development' as noted in Spatial Policy 2. To the contrary would be Business Policy 5 directs that on industrial land only storage and distribution would be permitted. - 6.5 In terms of changing the use to residential, Strategic Policy 11 addresses the housing needs for growth until 2026 and is echoed through housing policies (1, 2 & 4) seeks that new housing is directed to existing towns and villages (HP4) and that the supply of housing is delivered under this Strategic Plan until 2026 (HP1) is deliverable and the supply of housing is benchmarked against existing local plans and in Area Plans (HP2). In this case as there has currently been a screening process as part of the area plan for the North and West, the emerging plan is a strong material consideration which proposed the future use of the site as residential. - 6.6 Turning to the last planning application in 2007 (see para 4.1) the Planning Inspector recommended refusal of the proposal and in paragraph 32-34 of their report notes;
"I attached weight to the fact that the site is immediately adjacent to the housing in Belle Vue Park. The rear elevation of No.38 Belle Vue Park, is within a couple of metres of the site boundary. I have no doubt that the continued open storage on the site would seriously detract from residential amenity. It could well be unsightly, and substantial screening would be necessary. The stored materials might well include quantities of timber, paper, fuels and other inflammable substances. This could include putrescible or malodourous matter, attract vermin and generate dust. Continued storage would inevitably entail the movement of vehicles to deliver, stack or collect materials. Reversing alarms and revving engines would continue to be a likely source of noise nuisance, notwithstanding the appellants' assurances that the number of vehicle movements would reduce"… "I do not consider that such an activity should be located within so short a distance of residential properties. I recognise that some open storage has previously taken place outside the Edward Loades building. However, it seems to me that this is likely to have been ancillary to the industrial use of the building, rather than a primary storage use requiring planning approval"…"However, I do not accept that such a shortage would best be solved by the use of land within a few feet of habitable rooms in residential accommodation".
6.7 On reflection of the above inspector's conclusions and refusal of that application and appeal, the character of the area, has altered considerably since the 1989 Peel town plan and the site is now surrounded by residential dwellings. The lack of use of the premises and the
demise of industrial use on site would indicate that lack of demand generally, arguably the industrial use/ buildings are out of context with the surrounding residential uses and built forms (dwellings) of this part of Peel. Conversely, if the site was zoned as residential and proposed was industrial, the department may consider the use of the site for industrial to be detrimental to the surrounding residential areas that boarder the site on all sides, as the use would be incompatible given the close proximity and the potential to have an adverse impact on the neighbouring living conditions and potential for statutory nuisances.
6.8 LOSS OF INDUSTRIAL Reflecting on the above paragraphs, the loss of industrial site hasn't been fully explored
in this proposal but weight is given to the emerging area plan for the North and West and the potential designation for residential use for this site. The applicant's comments on the aspect of redundancy of use are noted and any future Industrial use could be seen to have a detrimental impact upon the residential uses that now surround this site and refused. As such the emerging area plan does designate future areas for Industrial and given the probable limitations on the use as explained, any future industrial uses would be better placed in those proposed and existing areas designation for industrial.
6.9 Further consideration is given to the loss of potential Employment Land linked through the land use of Industrial. In terms of this site it is noted as being vacant for a number of years and the wider industrial uses of the town are focused towards Mill Road and the wider industrial uses to the west of Peel adjacent to the River Neb. As the site is not necessarily recognised for any future industrial, or even offices in the ELR, the lack of commercial interest in the land and buildings will have informed the Area Plan for the East with "commercial" development being prioritised towards Douglas and latterly with the emerging area plan for the North and West which likely prompted the proposed change from industrial to residential. - 6.10 It should be noted that Strategic Policy 7 does in its last sentence allow exceptions; "where those uses would be inappropriate or incompatible with adjoining uses". In this instance a change of use from industrial to residential could be supported and an exception found under this same policy that seeks to protect and retain land zoned for industrial uses. - 6.11 Careful consideration would need to be given to the demolition and removal of the existing buildings and surrounding area to ensure compliance with Strategic Policy 4 to protect the landscape quality and nature environment from any unacceptable environmental pollution or disturbance, but and also in respect to the works on site to further protect through EP22 the neighbouring amenity from statutory nuisances during the demolition and construction phases.
6.12 RESIDENTIAL COMPATIBILITY The sites boundaries adjoin existing residential uses and could be made compatible through its design to ensure there is no detrimental impact upon the neighbouring properties that front on to Oak Road to the East, those of Elm Drive to the South, and the rear of those of Belle Vue Park to the West. Strong boundary treatment will be encourage to ensure appropriate screening and reduce the dependency on high timber fencing in public areas. The residential design guide offers detailed explanations on the design of new houses and how to assess the impact on adjoining properties through; overlooking, overbearing, loss of privacy and light. As such residential use and any future reserved matters could be designed to be in accordance with the Residential Design Guide 2021 and General Policy 2 (a-n).
and highway safety. As the transport professionals their comments are heavily relied upon and it is noted they do not object to this application.
6.14 Having considered the existing arrangements for access to and from the site for all pedestrian and vehicle users including the fire brigade, also noting the re-use of the entrance would ensure all uses could be achieved in a safe and appropriate manner. The proposed drainage on the site to prevent run-off water entering the highway can be conditioned as part of a reserved matters application. In this instance, it would not be considered to have any adverse impact on the existing highway or upon those users entering, exiting or parking at the site. As such the proposal would be considered to align with the principles of STP10, Gp2 h&I and TP4&7 and CP10. - 6.15 LEGAL AGREEMENTS It would be appropriate for the development to provide open space (RP3&4) and affordable housing (HP5). While the layout would be considered as part of a reserved matters application showing any open space, to ensure appropriate delivery of this, as well as affordable housing, a Section 13 Agreement would need to be entered into at this stage. Such an agreement would seek that the reserved matters application provides for 25% of the residential provision to be affordable as defined by the Department of Infrastructure; and that the reserved matters application makes provision of recreational and amenity space. - 6.16 DRAINAGE The comments from the MUA regarding the drainage capacity are noted and this aspect is a feature within the Area Plan for the North and West which seeks to find an alternative options for improving the sewerage network servicing Peel. Whilst this application is only considering the principle for now, a condition can be included to ensure no development on site can commence until this matter is resolved. It is also noted private treatment plants on site are generally not supported in accordance with Infrastructure Policy 1 and must connect to the IRIS scheme.
7.1 For the above reasons, it is concluded that a change of use from industrial to residential could be supported given the established residential nature of the surrounding area which could jeopardise any future industrial use on site as seen in the planning history. Residential use of the site would be an appropriate form of development that if design properly would not harm the use and enjoyment of neighbouring properties. The use of the site for industrial would be deemed incompatible with the adjoining uses and would comply with the exception in Strategic Policy 7 of the Isle of Man Strategic Plan 2016, and is recommended for approval. - 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:
This Officer recommendation to approve this application subject to the applicant entering into a legal agreement was originally considered at a meeting of the Planning Committee 24.10.2022 where the members determined to approve the application subject to a legal agreement securing provision of
In accordance with that instruction, this application has been ultimately determined in that manner.
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 : …Permitted……….... Committee Meeting Date:…24.10.2022
Signed :……………J SINGLETON……………………….. Presenting Officer
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