DEC Decision Notice
Hugh Logan Architects The Old Chapel 32-34 Malew Street Castletown Isle Of Man IM9 1AF
TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013
In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to REFUSE an application by Empire Garages Ltd, Ref 19/00199/B, for the Demolition of showroom and related structures and erection of a three storey building to provide ground floor commercial / retail units (Use Class 1, 2 and 3) with seven apartments above with associated parking and facilities (in association with PA 19/00200/CON) at Car Showroom Empire Garages Marine Parade Peel Isle Of Man IM5 1PA for the following reason(s):
- 1. The building, by virtue of its height, mass and design, would not preserve or enhance the character or appearance of Gib Lane for the benefit of users thereof and whereby the height of the building would remove certain public views of the Castle and the sea. The development would therefore be contrary to Environment Policy 35 and General Policy 2e of the Strategic Plan.
- 2. The proposed development would not make adequate provision for car parking spaces within the building in accordance with the standards of the Strategic Plan (Appendix Seven) and there is insufficient information to demonstrate that this would not have an unacceptable impact on on-street parking and highway safety in the area. The development is therefore contrary to Transport Policy 7 and General Policy 2h of the Strategic Plan.
- 3. The development does not demonstrate that it would have an acceptable impact on highway safety, through the inclusion of features within or above the public highway which are not acceptable to the highway authority and by the absence of correctly drawn visibility splays at junctions. It has not been demonstrated that there is sufficient visibility for users of the proposed garaged parking spaces for them to be used safely. The proposal is therefore contrary to Transport Policy 4 and General Policy 2h and i of the Strategic Plan.
- 4. The proposal makes no provision for public open space or affordable housing. Given that the adjacent site is also owned by the applicant and is being proposed for development at the same time, and particularly as the development of the application site relies upon the demolition of the buildings on the site of 19/00201/B, or at least some of them, to provide the bin store and the widening of Gib Lane, it is considered appropriate to consider the cumulative impact of the developments which would together result in sufficient housing numbers to warrant requiring both affordable housing and public open space. No provision is being made for affordable housing and whilst a commuted sum has been referred to in respect of public open space, there is nothing definitive in the application to demonstrate the impact of this. It cannot be concluded that there is sufficient provision for affordable
housing or public open space. The development is therefore contrary to Housing Policy 5 and Recreation Policies 3 and 4 of the Strategic Plan.
- 5. The development of this site is inextricably linked to the demolition of buildings on the site on the other side of Gib Lane as the widening of the lane and the provision of bin storage is on that site where there are currently buildings. This demolition is not part of the current application and as such, the application is deficient and incapable of being implemented on its own. The demolition of the other buildings is the subject of 19/00202/CON which is recommended for refusal and the redevelopment of that site is proposed in 19/00201/B is also recommended for refusal. As such, were this current application to be approved and the buildings demolished on the other side of the lane with no redevelopment, the rear of the proposed building would be publicly visible and it is not considered that the functional design and appearance of the rear elevation would preserve or enhance the character or appearance of the Conservation Area at this point, nor provide an acceptable visual impact, contrary to Environment Policy 35 and General Policy 2b, c and g of the Strategic Plan.
Date of Issue: 16th August 2019
Director of Planning and Building Control
Guidance Note
This decision was made by the Planning Committee in accordance with the authority delegated to it.
This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.
Whilst a copy of the Officer’s report is included alongside this notice, any wider correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.
https://www.gov.im/planningapplication/services/planning/search.iom
Any appeal against this decision must be in accordance with the criteria set down in that instrument.
Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:
- Payment of a planning appeal fee as prescribed in the current Fees Order;
- The reasons for making the appeal; and
- An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.
An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.
