Officer Report 11/01748/A

Planning Report And Recommendations {{table:15873}} {{table:15872}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE SENIOR PLANNING OFFICER

Introduction

1. This application seeks approval in principle for the erection of a covered events hall within Noble's Park, Douglas.

The Site

1. The application site is a rectangular parcel of Nobles Park which includes existing outdoor tennis courts. The site is adjacent to an existing bowling green, a skate park and a children's play area. The land to the south is open parkland bounded by Upper Dukes Road. St Ninian's Road runs to the west of the site.

The Proposal

1. This application seeks approval in principle for the erection of a covered events hall. The submission consists of the following:

a) A completed application form which states that the proposal is "To erect a tension-membrane covered events hall to cover the existing tennis / netball courts. The building would be approximately 36m x 75m with an eaves height of 8m. The events hall will be a Single Span Design - Clearspan steel framework, with no internal pillars or supports."

b) Drawing BE_S.11.017.1001 which identifies the site with a red line and other land owned/controlled by the applicant with a blue line. c) Drawing BE_S.11.017.1002 which identifies the site with a red line and shows the footprint of the proposed building. d) A photograph sheet which shows pictures of a building which is annotated "Design to be similar to above pictures".

1. The applicant was asked by the case officer to provide more information on how it is proposed to use the building. An email was received 5th January 2012 which had attached to it a statement which is titled Operational Note - January 2012. This sets out that the tennis court area has recently been resurfaced so as to be suitable for playing a number of sports. It was

felt by the Council that there was an opportunity to create a covered building to be used principally for sports however in order to maximise use and allow future flexibility additional uses were also considered. Such possible uses are listed as being:

a. Indoor children's play area b. Display/exhibition space c. Functions d. Charitable events e. Performance space.

1. Such uses could take place during the day and evening subject to demand. A 12 midnight time limit is suggested for the cessation of music, the serving of alcohol and the awarding of alcohol licences would be carefully considered in tandem with the Police and other statutory services.

Development Plan Policies

1. The application site is located within an area that is designated as being POS - Public Open Space by the Douglas Local Plan 1998. Within the Isle of Man Strategic Plan 2007, the following policies are judged to be relevant:

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."

Transport Policy 7

"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

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 community 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."

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."

Planning History

1. The wider area of Noble's Park has been the subject of previous planning applications however none is judged to be relevant to the determination of this proposal.

Representations

1. Douglas Borough Council (which is the applicant) does not object to this application.
2. The Manx Electricity Authority has advised the applicant about electricity connection.

Assessment

1. The key issues to be assessed in the determination of this application are the impact of the proposal upon the amenity of adjacent properties, the impact upon the visual amenity of the area, the impact upon the site which is a recreational facility and parking.
2. The proposed building would be relatively close (approximately 100 m) to the residential properties located on Upper Duke's Road and St Ninian's Road. This raises concerns as to how the use of the building may impact upon the amenity currently enjoyed by residents of these properties. The applicant has made it clear that the intention is to use the building during the day time and evenings subject to demand with a time limit on music and alcohol being set at 12 midnight. Such use would be likely to be popular and it is likely that noise would be generated above what may be considered reasonable and neighbourly. The lightweight construction of the building would provide limited noise insulation and in any case it would not be possible to control guest who were standing outside the premises. Whilst the applicant is a responsible public body, it is considered that the potential noise and disturbance to residents would be unacceptable.
3. Noble's Park is one of the main areas of public open space within Douglas. It offers a varied range of recreational activities, the majority of which are based outside. The provision of an indoor recreational facility would add to the recreational offer of the Park. However care must be taken to ensure that any such facility does not detract from the visual amenity of the area. The size and siting of the proposed building is considered to be such that unacceptable harm would be caused to the views of the Park from outside of its boundaries and to views from within the Park itself. The choice of the external colour of the building could reduce its perceived impact however the size and position of the building would still undermine the visual amenities of the surrounding area to what is considered to be an unacceptable degree.
4. The proposal would remove the existing outdoor facility and replace it with an indoor events hall. On balance, it is judged that the proposed facility would increase the recreational offer of the Park and this is considered to be a factor in favour of the proposal. It would allow use during evenings and when the weather is inclement.

1. The application is silent on the matter of parking. The wider area of Nobles Park has within it areas of hardstanding, the most notable of which is the area to the rear of the Grandstand building. It may be that the applicant envisages the use of this area for parking however it is not possible to determine whether parking associated with the proposed building could be accommodated in an acceptable manner. Appendix 7 of the Strategic Plan sets out a requirement for "Assembly and leisure (includes cinemas, meeting halls, swimming baths, leisure centres, and the conference and leisure facilities of hotels). The proposed building is intended by the applicant to provide an events hall and as such it is considered that this car parking standard is appropriate. Accordingly a requirement of 1 space per 15 square metres of gross floor space would be required. This would equate to a parking requirement of 180 spaces (floor area of building divided by 15 = 180).

Conclusions

1. The provision of a facility which would allow greater use of the existing park is judged to be a positive objective. However it is judged that the proposal fails due to the potential disturbance that would be caused to nearby residents, the visual impact that would arise from the scale and position of the building and the fact that the proposal fails to demonstrate how parking required for a building of this size would be provided.

Recommendation

1. Refuse.

Party Status

1. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Douglas Borough Council

1. The following parties do not accord with Planning Circular 1/06 and as such are not afforded Interested party Status:

The Manx Electricity Authority

Recommendation

Recommended Decision: Refused

Date of Recommendation: 10.04.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

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

R 2. The position and scale of the proposed building would have an adverse visual impact upon the wider surrounding area and upon the amenity of Noble's Park.

R 3. The application provides no information to demonstrate how the requirement for 180 car parking spaces to serve the proposed building would be met.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : POSSSED Committee Meeting Date : 30.4.12

Signed : D. Daley Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO