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Application No.: 20/01185/A Applicant: Mrs Mary Higgins Proposal: Approval in Principle for area of residential development Site Address: Millmount Douglas Isle Of Man Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 16.03.2021 _________________________________________________________________
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 provide adequate safeguards are in place to ensure Japanese Knotweed is not spread.
Reason: To demonstrate the development does not result in any adverse impacts of off or on site flooding.
N 1. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 29th March 2021. 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. It is considered that the proposal would be comply with the relevant planning policies of The Isle of Man Strategic Plan (2016).
Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 18th November
Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Flood Risk Management Team (DOI) Housing Division (DOI) _____________________________________________________________________________
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE - 1.1 The site is the a parcel of developed land which accommodates an existing three storey Warehouse building, and two warehouse buildings as well as undeveloped plot which has benefited from planning approval for a single dwelling all within the Millmount area in Douglas. The site sits to the southern side of New Castletown Road, south of Mylchreest Motors complex and west of the National Sports Centre complex. To the East of the site is the River Dhoo. - 1.2 The site is accessed via an existing access which serves Mylchreest Motors, other business and residential properties (The Laurels/The Hollies), albeit both properties are empty. Permission was also recently approved of a single dwelling and Approval in Principle for a block of apartments (replacing the existing three storey warehouse building) which would also utilise this access, albeit this has not yet been constructed.
2.0 THE PROPOSAL - 2.1 The application seeks Approval in Principle for area of residential development. No details in terms of number of dwellings, design, access etc is included to be considered at this stage. Only whether the site can be used for residential purposes whether that be one dwelling or 20 dwellings for example.
3.0 PLANNING POLICY AND STATUS - 3.1 Under the Area Plan for the East the site is designated as "Industrial". It should be noted that under the Douglas Local Plan the site was designated as 'Residential Use'. The site is not within a Conservation Area. As such, the Strategic Plan is considered relevant in this case as follows: - 3.2 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 of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.5 The Strategic Plan identifies a hierarchy of settlements that guide what type of development is appropriate within them. Douglas is designated as the main employment and service centre for the Island. - 3.6 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:
3.7 Housing Policy 4 states that: "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…" - 3.8 Environment Policy 4 states that: "Development will not be permitted which would adversely affect:
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
3.9 Environment Policy 7 states: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
3.10 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." - 3.11 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." - 3.12 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."
3.13 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan." - 3.14 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." - 3.15 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."
4.0 PLANNING HISTORY - 4.1 The previous planning applications are considered specifically material to the assessment of this current planning application: - 4.2 Reserved Matters application in association with PA17/01308/A concerning access matters to the proposed site -20/01067/REM - REFUSED on the grounds: "R 1. It is not considered the proposal is acceptable as it does not demonstrate that the proposal is designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner and would be contrary to General Policy 2 and Transport Policy 4." - 4.3 Approval in principle for the construction of 24 apartments - 17/01308/A - APPROVED on 08.09.2020. - 4.4 Reserved Matters Application relating to PA 15/01041A for erection of a detached dwelling - 16/01244/REM - APPROVED - 4.5 Approval in principle for erection of a dwelling addressing means of access 15/01041/A - APPROVED
5.0 REPRESENTATIONS - 5.1 Department of Infrastructure Highway Services make the following comments (26.11.2020): "Highway Services note a previous Approval in Principle consent for 24 apartments with reserve matters coming forward under references 17/01308/A and 20/01067/REM respectfully, and is accepting in principle of a similar sized development coming forward or on being demonstrably justified on variation.
From the highways viewpoint further details are necessary prior to commencement to satisfy access, as well as operational arrangements within the site, including parking and turning for the proposed and any retained uses. These details will need to conform to the standards and guidance set out in the Strategic Plan, Manual for Manx Roads, Making a Planning Application A Guide for Applicants: Supplementary Guidance on Highway Issues:
https://www.gov.im/media/1350906/the-isle-of-man-strategic-plan-2016-approved-plan15_03_16.pdf
https://www.gov.im/media/1359885/mfmr-103.pdf https://www.gov.im/media/1363894/sup-guide-on-highways-211218.pdf
In absence of any indicative layout, modifications would be expected to the existing access junction from New Castletown Road to include exit visibility splays at 2.4 x43m in each direction to accord with the 30mph speed limit, drainage, and alterations to the kerb lines to better accommodate pedestrians and turning of larger vehicles.
Should five or more units come forward, the existing access route is unlikely to be supported for adoption as highway maintainable at public expense due to a number of constraints, such
A minimum 2.0m continuous and unobstructed pedestrian corridor is necessary. Private management arrangements would apply to the upkeep of the access route in conjunction with existing owners and occupiers, including for waste collection.
Car parking amounts should conform to the Strategic Plan requirement of a minimum of two spaces per unit. The layout should account for the need to widen bays against walls to allow access and car doors to open.
Any driveways should be a minimum of 2.5m wide and 5.5m long wider if catering for pedestrians at 3.4m. Any communal spaces should have bay sizes at 5.5 x 2.5m and bays for those with mobility impairments at 6.6 x 3.6m.
Should garages be provided, these should reflect minimum internal dimensions of 6 x 3m with a door width of 2.4m to count as car parking and provide storage for bicycles and other items.
Where no garages are provided, bicycle parking is necessary at one per unit within a separate covered and secure storage facility.
Electric vehicle charging points should be considered. Space should be provided for waste bins with a collection point identified and take into account transfer distances. It will be necessary to provide supporting documentation, including a:
A separate Highway Agreement will apply post planning consent for any road adoption under s4 of the Highways Act 1986 and for works in the highway under s109(A).
As permission has been granted previously for residential use of 28 units, Highway Services are accepting of the principle of a similar sized development or variation where justified on provision of additional details to satisfy road safety and highway network efficiency on junction access and geometric and technical criteria compliant with current standards and guidance. Accordingly, we raise no opposition subject to a condition for additional details as indicated above.
Recommendation: DNOC"
5.2 Douglas Borough Council does not oppose (26.11.2020). - 5.3 Ecosystem Policy Officer DEFA (03.12.2020) comments; "Japanese Knotweed, a Schedule 8 Part II invasive plant species under the Wildlife Act 1990, is known to be present along this stretch of river. It is an offence to plant, or otherwise cause to grow any plant listed in Schedule 8. There is a high risk that Japanese Knotweed may be unintentionally spread during construction and this would be an offence.
The Ecosystem Policy Team recommend that, if approval in principle is received, a condition is secured for a Japanese Knotweed survey and a plan for its responsible removal be created by a suitably qualified ecological consultancy and this should be submitted to Planning for written approval at the detailed application stage.
If left untreated and allowed to spread Japanese Knotweed could cause significant damage to any new structure on site and therefore it is in the best interests of the applicant to ensure that it is removed, if present, prior to works taking place.
The development site is directly adjacent to Douglas River Confluence Wildlife Site. Wildlife sites, though not statutorily designated or recognised by law, are nonetheless sites of high wildlife value which should be recognised through the planning system.
Further information about this wildlife site can be obtained from the Manx Wildlife Trust. Douglas River Confluence Wildlife Site was designated for its; stretch of artificial watercourse that supports a variety of native aquatic plant species and/or its rich aquatic invertebrate life, or notable aquatic invertebrate species; and as a river habitat which supports populations of important fish species or spawning areas.
It is also likely that this stretch of watercourse is used by commuting and feeding bats Should the application be granted approval in principle then details about the protection of bank side habitats and the inclusion of appropriate lighting design, which avoids light spill across the watercourse, should be provided at the detailed application phase.
Also, though demolition is not a consideration with this application, my colleague commented on a previous application for this site (PA 17/01308/A) to recommend a bat survey on the buildings to be demolished.
I therefore ask for a note on approval stating the following: Bats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure or take, or to damage or destroy, or obstruct access to, any structure or place bats use for shelter or protection, or to disturb bats while they occupy a structure or place which they use for that purpose.
There is potential for active bat roosts to be located in the buildings to be demolished to facilitate the development and therefore the applicant is advised to commission a bat survey
from a suitable qualified ecological consultancy prior to demolition. Demolition without a bat survey would be considered reckless."
5.4 Manx Utilities - Drainage comment (02.12.2020); "The applicant is advised to consult with Manx Utilities at the earliest opportunity to discuss the disposal of foul and surface water from the development, also to agree the diversion of public sewers that currently cross the development. This planning application has also been sent to the Flood risk for their comments." - 5.5 Flood Management Division (DOI) comments (21.12.2020): "Approval in principle is sought for residential development within the flood zone. This would not be supported by the flood management division."
Are you going beyond the existing footprint? Are you changing the use of the existing development? Residential is classed as more vulnerable land use and as such it is unlikely that we could support new developments of this type in fluvial (river) flood zones." 5.6 Department of Infrastructure - Public Estates and Housing Division (23.11.2020) comment that; "We refer to the aforementioned planning application, and we can confirm that we have looked at the content of the application and have considered the provision of a 25% affordable housing requirement.
Current data drawn from Housing Division records for Douglas indicates that there are 216 persons on the general public sector waiting list for affordable housing to rent. There are also 27 persons on the Active first-time buyers register seeking to purchase a first home in the East of the Island. This figure is not indicative of likely final purchases as the ability to progress to completion would depend upon personal circumstances and mortgage ability at point of allocation.
The department would therefore request that consideration be given by the Planning Committee to include a requirement, in respect of any Approval in Principle granted for this site, for 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 approved within the application.
Thank you for giving us the opportunity to comment on the application."
6.1 In determining the application it is considered the main issues are; the principle of developing the site for residential use; potential impact upon highway network/parking; and potential flood risk. PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL USE - 6.2 As outlined in the policy section of this report, until 1st December 2020 (when Area Plan for the East came into force) the Department has been approving a number of applications in this area for residential development, in accordance with the Douglas Area Plan
apartments). The site to the west is also characterised as residential usage with a number of dwellings. Further it should also be noted that immediately to the south of the site are two dwellings "The Hollies" & "The Laurels" (albeit not currently lived in) which utilities the same access through the application site and onto Peel Road. The site in terms of size, access arrangements and close proximity to existing residential properties, does not lead itself to industrial usage and more to residential use. The Area Plan is silent why the land was redesignated as industrial use, especially given recent approvals for residential use been approved.
6.3 When considering planning application 17/01308/A (AIP 24 apartments - this now forms the eastern part of current application site) the officer commented:
"Significant material weight is given to the Douglas Local Plan which designates the site as residential use. Therefore it is arguably that the plan aims to encourage residential development, which in tune has the potential to improve the character and appearance of the area and perhaps encourage the non-residential uses to more appropriate locations. Ideally, this would be undertaken by one single scheme; however, that is not what has been submitted."
6.4 Given over half of the current application site has approval for residential development, which is still extant and given the area is arguably more suited to residential development it is considered the principle of the use of the site for residential use is acceptable. POTENTIAL IMPACT UPON HIGHWAY NETWORK/PARKING - 6.5 As noted by Highway Services initially comments, there was a number of comments made and what information would be required in any future detailed/Reserved Matters application. Clearly the number of dwellings proposed in any further application will change the requirements in terms of visibility splays etc. The applicants would need to demonstrate that access to the site can be achieved in a safe and acceptable manner at any future reserved matter stage. If it subsequently transpires that the existing access cannot be utilised for the level of development proposed, then the applicants may have to either reduce the level of development or seek alternatives access arrangements. POTENTIAL FLOOD RISK
6.10 As outlined in this report the site is within a High Risk Flood Zone from the river. The relevant planning policy to consider is Environment Policy 13 which states:
"Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
6.11 It is important to note that the policy does not state that if a site is within a Flood Risk Area it cannot be development, which appears to be approach of the Flood Management Division (DOI). - 6.12 For information when the application for 24 apartments was made it included a Flood Risk Statement. This report recommends that no apartments should be located on the ground floor, the ground floor should be designed to allow water ingress so that the development does not increase flood levels elsewhere and a flood evacuation plan should be required as modelling shows the proposed site would have impeded access during a flood event. The report also states that further investigation should take place which includes; further modelling is required of the existing earth bund which runs along the eastern boundary of the site to define a standard of protection offered by the bund any proposed footprint should be incorporated into the model to assess the impacts of the development on water levels; and any wider mitigation options to be tested in the model to assess the impact on water levels near the site. Manx Utilities (at the time had responsibility for considering flooding - now the Flood Management Division (DOI)) did not object.
6.13 Not all the site is within Flood Risk Area, the applicants on this matter have stated:
"The area outside of the flood risk zone is 3600m2. Within this zone approximately 975m2 of it is already developed on with a mix of commercial and residential buildings. The area within the flood risk zone is 4400m2. Within this flood risk zone approximately 1150m2 of it is already developed on with a mix of commercial and residential buildings.
To also confirm, application 17/01308/A for approval in principle for the construction of 24 apartments was approved and this falls within the flood risk zone and this red boundary line is approximately 2200m2. A flood risk assessment was undertaken for that application and the MUA had no objection to that application in principle and that a full flood risk assessment was undertaken at the full development stage. If any development was proposed within this area it would be along similar lines and factor in items such as:
6.14 As the site has not included the number of dwellings or location at this point it is not possible to consider whether there would be an "unacceptable risk from flooding, either on or off-site". Any future Reserved Matters application/detailed application would consider this. A condition should be attached which requires a full Flood Risk Assessment be submitted as part of any future Reserve Matters/detailed application. ECOLOGIC ISSUES - 6.15 The main issues to ecologic issues relate to the impact's upon bats within the existing warehouse building proposed to be demolished and a potential issue with Japanese Knotweed which has been recorded in the area of the site. It is considered both issues can be addressed via a condition. OTHER MATTERS - 6.16 Consideration of Open Space provision and Affordable Housing would be considered at any future applications as these with be depended on the amount of dwellings proposed.
7.1 It is considered that the proposal would be comply with the relevant planning policies of The Isle of Man Strategic Plan (2016) for the reasons set out in this report, it is recommended that the application be approved subject to legal agreement (see below). - 8.0 Section 13 Legal Agreement
8.1 Subject to legal agreement to make provision for Affordable Housing and Public Open Space either on site, off site or commuted sum where appropriate. - 9.0 INTERESTED PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
9.2 The decision maker must determine:
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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:…29.03.2021
Signed :…………C BALMER…………….. 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
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