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RECEIVED
19 AUG 2009
Heritage Homes Ltd.
Residential development of 88 dwellings, with 4 no. small commercial units, associated parking facilities and shared open space, Lake Road, Douglas
0901386
Supporting document incorporating:
heritage homes
1.0 Introduction
2.0 The site
3.0 Planning history 4.0 Planning policy context 5.0 The proposal 6.0 Summary and conclusion
1.1 This application seeks detailed planning approval for the development of a site between Lake Road and the River Douglas with 88 dwellings, 4 small commercial units, associated parking facilities and shared open space. The site is located within a larger area of previously developed land which is designated for Predominantly Residential use by the Douglas Local Plan. The first phase of the residential redevelopment of the area is currently under construction immediately to the east of the application site and approval is now sought for subsequent phases. 1.2 As part of the design process pre-application consultation has been undertaken with a number of parties, including;
1.3 The application includes a number of technical reports, including a transport assessment, a design statement, a flood risk assessment, a structural report in respect of the river wall, a construction method statement and an energy impact assessment/statement.
2.1 The application site is located between Lake Road and the River Douglas, and covers an area of approximately 0.4 hectares. It is a previously developed site, having formerly been occupied by a sawmill and timber yard and now being used as a car park pending redevelopment. It is part of a larger area alongside the river which has previously been used for commercial/industrial purposes but which is now to be redeveloped for residential use in accordance with the provisions of the Douglas Local Plan. The first phase of that redevelopment is currently being constructed to the east of the application site, and the former Corporation depot to the west of the site will accommodate further phases in the future. 2.2 The River Douglas runs alongside the southern site boundary, beyond which is Castletown Road and the dwellings which front onto it. To the north the site is separated from the adjacent supermarket and its associated facilities by Lake Road, which runs parallel to the site boundary.
3.1 The first phase of development referred to above was approved under PA 05/01706, and consists of 73 apartments with 2 commercial units at ground floor/basement level. Internal amendments have subsequently been approved under PAs 07/01760, 08/01046 and 08/01179 which, if implemented, would result in a scheme of 52 apartments with a restaurant and office unit within the ground floor and basement. 3.2 Planning approval in principle has been granted under PA 05/00245 to develop the application site with a scheme of apartments, and this approval remains valid ${ }^{1}$. Approval has also been granted under PAs 05/02098 and 07/01222 to use parts of the site for car parking on a temporary basis and the first of these has been taken up. 3.3 The most recent approval on the site (PA 08/02235) is for an electricity substation in the north eastern corner, which will serve Phase 1 as well as
[^0] [^0]: ${ }^{1}$ The approval notice for PA 05/00245 is attached at Appendix 1
subsequent phases. The substation building has been designed so that it can be satisfactorily incorporated into the fabric of future development, and will be constructed so as not to result in disturbance to residents by virtue of noise or vibration.
The planning policy context for the appeal application is set out in the Isle of Man Strategic Plan (IoMSP) and the Douglas Local Plan 1998. The Department of Local Government and the Environment Housing Policy Review Report 1999 and its subsequent Progress Reports provide background information in respect of housing demand.
The IoMSP was adopted by the Department in June 2007 and approved by Tynwald the following month, and is intended to provide "the strategic and general policy framework within which provision will be made for development and conservation needs for the period 2001-2016". Together with Area (and Local) Plans the IoMSP forms a Development Plan as required by the 1999 Town and Country Planning Act. It is made clear in the Plan that "in the case of any inconsistency between the provisions of the Strategic Plan and the provisions of an Area Plan, whichever came into force later will prevail", with the Strategic Plan being the most recent in this instance.
Amongst the Strategic Objectives of the Plan it is indicated that resources should be protected, used, and re-used in an efficient and economic way, that most new development should be guided towards existing settlements in order to make "the optimum use of existing and planned infrastructure and services", and that high quality development will be encouraged throughout the Island. It is also stated that the housing needs of the community should be met by the provision of sufficient housing of an acceptable standard and of an appropriate nature and in appropriate locations, and that high standards of residential amenity in new development and a physically safe environment will be promoted.
4.2.3 The Strategic Policies which flow from these objectives emphasize the need to make the best use of resources by, amongst other things, "ensuring efficient use of sites, taking into account the needs for access, landscaping, open space, and amenity standards" and "being located so as to utilise existing and planned infrastructure, facilities and services". New development will be located primarily within existing settlements or within sustainable urban extensions, and the Plan makes it clear that "the provision of an adequate supply of housing to meet the needs of the wider community is essential". It is stated that the housing needs of the Island will be met by making provision for the development of 6000 additional dwellings over the Plan period.
4.2.4 The IoMSP includes an Island Spatial Strategy (ISS) which is intended to guide the physical development of the Island up to 2016. The Island is divided into North, South, East and West regions and the ISS seeks to "promote a balanced and equitable pattern of sustainable development across the Island". It is estimated that in order to meet the housing needs of the Island over the plan period provision will have to be made for the development of 6000 additional dwellings. The Plan indicates that the Island's eastern region - which is comprised of Douglas, Onchan, Braddan, Marown, Santon, Laxey and Lonan - will accommodate 2,500 of those dwellings, with the 2008 update of the Department's Residential Land Availability study showing that residential approvals in the east since 2001 plus projected conversions and windfalls for the period 2007-2016 total 2,429 units.
4.2.5 General Policy 2 of the Plan identifies standards of development that should be complied with, which include criteria in respect building scale and appearance, impact upon landscape or townscape, amenity standards for residents and parking space provision. Transport Policy 7 requires that parking provision in all new development meets the Department's standards, which is shown at Appendix 7 of the IoMSP to be 1 space per bedroom for apartments (to a maximum of 2 spaces per unit). The Plan makes provision however for this standard to be relaxed for town centre and previously developed sites, having regard to criteria such as the location of the housing relative to public transport, employment and public amenities.
4.2.6 Housing Policy 1 states that provision will be made for up to 6000 additional dwellings over the period of the Plan, which will be monitored and increased
or decreased as necessary. Housing Policy 2 suggests that designated land which is not brought forward for development within 5 years could be placed in a land-bank and alternative land allocated for development in its place, whilst Housing Policy 3 confirms the distribution of dwellings suggested by the ISS. Housing Policy 4 states that housing should primarily be located within existing settlements or within sustainable urban extensions. Housing Policy 5 indicates that up to 25% of new dwellings on sites of 8 or more units will have to be affordable. Housing Policy 6 states that residential development within areas which are zoned for such must be undertaken in accordance with an Area Plan development brief (should there be one) or otherwise in accordance with General Policy 2 of the loMSP.
4.2.7 Environment Policies 7 and 10 refer to watercourses and flood risk respectively, with the latter indicating that certain applications may need to be accompanied by a flood risk assessment. Environment Policy 42 requires the design of new development in existing settlements to take account of "the particular character and identity, in terms of buildings and landscape features, of the immediate locality".
4.2.8 Transport Policy 4 of the Plan seeks to ensure that new and existing highways are capable of safely accommodating the vehicle and pedestrian journeys created by development, and Infrastructure Policy 1 states that development shall only take place in areas that will ultimately be connected to IRIS.
4.2.9 The Open Space section (and appendix 6) of the loMSP makes it clear that the general standards of space provision set down for new residential development of ten dwellings or more will be applied having regard to a number of criteria, which includes the size, type, and particular needs of the resident population in question and the proximity of existing open space. Energy Policy 5 requires any proposal for more than 5 dwellings (or 100 sq.m of other development) to be accompanied by an Energy Impact Assessment.
4.3 The Douglas Local Plan 1998
4.3.1 The extant Isle of Man Planning Scheme (Douglas Local Plan) Order 1998 was approved by Tynwald in December, 1998, and shows the site to be within
an Area of Predominantly Residential Use. Policy D/R/P1 of the Plan (para 2.12 of the Written Statement) states that "Residential development will be restricted to those areas defined in the proposed Local Plan and include standards for open space provision or other facilities which will be set down in any development brief." Policy D/R/P5 (para 2.17) states that "As part of redevelopment opportunities, the introduction of residential uses into areas such as the area between Lake Road and the River Douglas area and the present bus station at Lord Street will be supported."
4.3.2 Policy D/TLR/P9 (para 5.17), which is within the Tourism, Leisure and Recreation chapter of the Local Plan, states that "In the redevelopment of the Lake Road area between the Steam Railway Station and the River Douglas, attention should be paid to the potential for tourism/leisure/recreation. It is clear that there is potential for a pedestrian link and cycle track from the harbour along the northern bank of the river to the open space bordering the river and ultimately to the National Sports Centre and Steam Heritage Trail to Peel." This issue is referred to again by Recommendation D/OS/R2 (para 13.7) - "Better links between open space areas should be provided, an example is the opportunity to create a pedestrian link along the banks of the River Douglas in order to link the Central Area with the countryside to the west."
4.3.3 Policy D/CP/P6 (para 7.28) of the Douglas Local Plan indicates that a parking standard of 1.5 spaces per unit is currently applied, going on to suggest that this be maintained and "increased to 2.0 spaces outside the town centre where this can be achieved without detriment to the ambience of the residential area." Policy D/CP/P7 (para 7.29) states that consideration should be given to a reduction in town centre parking standards, and gives the provision of one space for a two bedroom apartment as an example. These provisions have in any event been superseded by the parking standards and guidance of the Isle of Man Strategic Plan.
4.3.4 Chapter 14 of the Local Plan is entitled "Development Briefs", and under the sub-heading "Development Opportunities" it is indicated that briefs will be prepared for certain sites that will indicate "the type of development scale, massing and constraints which apply to that particular site". In referring to the area between Lake Road and the Douglas River that is designated for
Predominantly Residential use paragraph 14.3 states: "An area of riverside housing allied to a public riverside walkway and cycle path, open space and landscaping".
The Housing Policy Review Report 1999 calculated that 400 new housing units per annum were required to meet demand on the Island, and the Progress Report of January 2001 indicated that the figure was likely to be revised upwards due to factors such as increased net immigration. That Progress Report concluded that "Housing land is at a premium and likely to remain so unless action is taken to constrain demand", whilst the report of October 2001 stated that "supply will have to be increased to meet this demand and help dampen rising prices". The Progress Report of July 2002 warns that unless private developers increased output to over 500 units per annum then "demand will continue to outstrip supply and house prices will continue to rise", and the reports of July 2003 and July 2004 indicate that this target needs to be maintained.
The reports of July 2005 and July 2006 do not seek to revise this target, and indicate that whilst supply has increased in the past three years (compared to the previous three) high dwelling prices are still a problem. The Housing Policy Review Progress Report of July 2007 continues to report an increased annual number of completed units between 2002 and 2005, but this figure fell markedly in 2006 and 2007. It should be noted that the completion figures used do not take account of replacement dwellings and thus the number of additional dwellings provided annually will have been lower. It also reports that in the medium term consideration may need to be given to the development of land which is not zoned for such in order to provide affordable housing.
The report of July 2008 indicates that the Island's housing market remains healthy, and that the average house price increased by 11% in 2007. It goes on to report that the interim Census of 2006 shows population growth of 4.9% since 2001, with a 8.7% increase in residents of retirement age and a continued increase in the number of work permits being issued annually since 2005. It also points out that the number of households continues to increase.
at a faster rate than population growth, and that "this factor alone is likely to have a significant impact upon housing demand".
Each of the above Progress Reports contains a summary of the Department's First Time Buyer Register, providing information in respect of the number of persons on the Island who have indicated to the Department that they satisfy the criteria of the House Purchase Assistance Scheme (which includes an assessment of income) and that they wish to purchase a First Time Buyer dwelling, i.e. a dwelling with a subsidised purchase price which falls within the IoMSP's definition of affordable housing. The April 2009 update of the First Time Buyer Register² indicates that out of a total of 747 persons on the Register 393 have shown Douglas to be their first choice location. The overall figure for Douglas (1st, 2nd and 3rd choices combined) is 638.
The application seeks detailed planning approval for the development of the site with 88 dwellings, along with 4 no. small commercial units and associated parking and open space provision. It also provides a continuation of the footpath/cycleway which has been commenced with the development of Phase 1.
The site consists of previously developed land in an urban location, and planning approval in principle to redevelop it with apartments has been granted and remains valid. The scheme as proposed incorporates a range of apartment types and sizes, including affordable units and 2 bed "duplex" units. The number of affordable dwellings will represent 25% of those now being proposed (which equates to 22 units) plus those required as the affordable housing contribution from Phase 1. This will form the subject of further discussion with the Department, and may be provided in a number of different ways depending upon need; on site provision, off setting against provision on other sites, and the use of commuted sums may all be employed in order to meet requirements. Overall the development of the site with apartments as proposed represents an appropriate and efficient use of the
² An assessment of the First Time Buyer Register for April 2009 is attached at Appendix 2
site as required by the loMSP and in our view will help to address a continuing housing need in Douglas and the east of the Island.
Whilst the predominant use of the site when developed will clearly be residential, the small commercial units will offer a degree of vitality to the new neighbourhood without prejudicing the land use zoning of the Douglas Local Plan. This type of arrangement has already been approved for Phase 1, which has a restaurant and an office unit within the ground floor and basement. In our view the commercial units would be suitable for a wide variety of uses which are compatible both with each other and adjacent residential uses, and as such the application seeks approval for any use within Use Classes 1 to 4 to be allowed within the commercial units.
The development has been designed so that the spaces between buildings will be vehicle free (whilst still being able to accommodate emergency services vehicles), thus creating a pleasant and safe environment for residents, pedestrians and cyclists. Car parking will be entirely within the basement, and in accordance with the standards approved for Phase 1 and as required for subsequent phases under PA 05/00245. Control systems will be used to separate parking areas for residents, commercial occupiers and visitors. A Transport Assessment for the proposal has been undertaken by Bryan G Hall Consulting Civil & Transportation Planning Engineers, and it is submitted as part of the application. It concludes that "the application proposals conform with the policies of both the Douglas Local Plan and the Isle of Man Strategic Plan. It is in a sustainable location which will minimise journeys by car and encourage people to walk, cycle or use buses and trains. The parking provision will restrict car ownership because on-street parking is prohibited at all times on the highway network in the vicinity of the site and hence on-street parking cannot cause problems. The traffic which it is likely to generate can be safely and efficiently accommodated on the local highway network and hence planning permission should not be withheld for any of these reasons."
The footpath/cycleway required by the Local Plan and commenced within Phase 1 will be continued in these subsequent phases. It will run along the riverside for the extent of this current application site, before returning into the site to continue westwards as part of a subsequent proposal. Its form will be
broken by a series of access points into/from the proposed development, and there will be instances where buildings overhang the footpath/cycleway to a relatively minor degree so as to introduce some visual interest to its appearance. It is also intended to introduce artwork to the walls of the cycleway as indicated with Phase 1 of the development.
5.6 The scheme is divided into a series of standalone buildings, thus allowing the introduction of routes and sightlines through the site which link the various courtyards and thoroughfares together. These areas will be landscaped and finished with high quality materials, and will serve as shared open space for residents. The buildings themselves become lower in height from east to west, and whilst they take visual cues from the appearance of Phase 1 - particularly in the use of gables and pitched roofs combined with more contemporary elements, and in the choices of materials - they avoid unnecessary repetition by varying the size and form of individual buildings and by combining elements in numerous different ways. A separate detailed design statement accompanies the application.
5.7 The drainage arrangements for the scheme match those for Phase 1, with foul drainage to be taken to the public system and surface water to be discharged to the river. A Flood Risk Assessment for the whole of the Lake Road residential site has been prepared by RSKENSR, it formed part of the application for Phase 1 and a copy now accompanies this application. The lowest residential/commercial floor level in the development now proposed is 6.40, which is well above the minimum level of 5.60 identified in the FRA. A structural report in respect of the river wall has also previously been prepared³, and the construction method statement in respect of Phase 1 has been updated to refer to the current proposal⁴.
5.8 General Policy 2 (part n) of the loMSP requires new development to be designed so as to have "due regard to best practice in reducing energy consumption", and in accordance with Energy Policy 5 of the loMSP an Energy Impact Assessment/Statement for the development forms part of this document⁵.
³ A structural report in respect of the river wall is attached at Appendix 3 ⁴ A construction method statement is attached at Appendix 4 ⁵ An Energy Impact Assessment/Statement for the development is attached at Appendix 5
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6.1 The site is within an area which is designated for Predominantly Residential development in the Douglas Local Plan, and planning approval in principle has been granted under PA 05/00245 to redevelop the site with apartments. It is a previously developed site in a sustainable location and must be developed efficiently in order to accord with the provisions of the Isle of Man Strategic Plan. 6.2 A variety of apartment types within the development will help to address current housing need and affordable housing requirements (including those for Phase 1) will be met. Whilst the predominant use of the site when developed will clearly be residential, the small commercial units will offer a degree of vitality to the new neighbourhood without prejudicing the land use zoning of the Douglas Local Plan. 6.3 The first phase of the overall development is currently under construction to the east of the application site, and these following phases have been designed to introduce variety of form and scale in a manner which respects the established approach. A series of stand alone buildings will reduce in height from east to west and will be set within vehicle-free shared open space, with all parking to be provided within a basement. The footpath/cycleway commenced within Phase 1 is to be continued along the riverside. 6.4 The application includes a number of technical surveys and reports, including a Transport Assessment, a Flood Risk Assessment and a Construction Method Statement, which help to demonstrate that the development of the site will compromise the objectives of neither the Isle of Man Strategic Plan nor the Douglas Local Plan.
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