Loading document...
THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE LAND USE DESIGNATION IN THE DEVELOPMENT PLAN
The site comprises an irregularly shaped area of land between South Quay and Douglas Head Road, the lower part of which is used by Manx Petroleum's as an oil distribution depot. Immediately east of the site are the swing-bridge control tower, which is a Registered Building, and the steps which lead up to the Head Road from South Quay. There is a fall of some 18m from the Head Road to South Quay, and the upper part of the site, above the retaining wall, is essentially scrubland with some trees - hawthorn, elder and holly for the most part.
The application is seeking retrospective planning permission for the change of use of site to operation of hand car washing/car valeting business and the sale of motor vehicles.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2
The following previous application is considered relevant in the consideration of the application: PA 06/00505/B - Erection of an apartment block to provide 60 apartments with associated parking, Manx Petroleum's Depot \& Adjoining Scrubland, Between South Quay \& Head Road, Douglas, Isle of Man. Refused initially 8th September 2006, refused at Appeal 17th April 2007.
PA 07/02169/B - Redevelopment of site to provide 53 residential apartments and one commercial unit including use of the adjoining scrubland as garden - granted 25th September 2008
Douglas Corporation do not oppose the application Highways Division of the Department of Infrastructure do not oppose subject to the imposition of the following conditions:
1) Traffic mirrors are erected opposite the entrance to aid visibility 2) Suitable barrier to be erected on the entrance to the site when the yard is busy to avoid cars queuing on the highway (barrier can then be raised when the yard has spare capacity. 3) Turn left only sign to be place on the exit to the yard.
The application is seeking retrospective planning permission for change of use of site to operation of hand car washing/car valeting business and the sale of motor vehicles. The site is the former oil stores on South Quay. South Quay is commercial in nature. The application site is zoned as predominantly residential use within the Douglas Local Plan. The site has planning permission for the redevelopment of the site for residential apartments. The applicant has indicated verbally that the he is seeking a temporary permission to use the site for up to 2 years. The use is set behind a high boundary wall and is not readily visible from the public highway. The operation is only noticeable due to a painted mural on the boundary wall. A separate consent for the advertisement is being sought. In summary, the continued use of the operations would have has very little impact on the locality due to the commercial nature of South Quay.
In respect of highway matters, the Highways Division do not oppose the application subject to the imposition of conditions. The first condition relates to traffic mirrors being erected opposite the exit to aid visibility onto the highway. The condition has been suggested by the same section of the Department that is responsible for granting permission to erect traffic mirrors on the highway and therefore there is a reasonable expectation that the such permission would be granted. Interests of highway safety, it is recommended that a condition be attached required the submission of details of the traffic mirrors to be submitted to the Planning Authority and set a time limit for the erection of the mirrors.
The second condition requires the erection of a suitable barrier. This condition appears unnecessary. The use has been in operation for a number of months and the times officers have been pass the site queuing has never been evident. Furthermore, the site is fairly large and can accommodate a number of vehicles.
The third condition requires the erection of a turn left sign on the exit of the yard. This would reduce any potential conflicts when turn right from the exit due to the lack of visibility; however, again the times officers have pass the site there has not been any issues with vehicles leaving the site. The erection of a turn left sign would certainly improve vehicles accessing onto the public highway from the site.
It is recommended that temporary planning permission be granted subject to conditions.
The local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Highways Division of the Department of Transport is now part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 30.11.2010
C 1. This permission is for a period of 2 years from the date of the notice. The proposed use must cease after this date unless there is by then planning permission for a further period of use.
C 2. This permission relates to the use of the site for the operation of hand car washing/car valeting business and the sale of motor vehicles as shown in the location plan date stamped 29th April 2010 and drawing 01 and the measurements of site useage details and photographs date stamped 20th October 2010.
C 3. Within one month of the date of the decision notice, details of a left turn sign and its location must have been submitted to and approved in writing, and thereafter the sign must be erected within 1 month of the approval of the details. Following the erection of the left turn sign, the sign must be retained in the approved location throughout the duration of the planning permission.
C 4. Within one month of the date of the decision notice, details of traffic mirrors (including location details) to be erected opposite the site exit shall have been submitted to and approved in writing by the Planning Authority and within 1 month of the approval of the said details, the traffic mirrors must be erected in accordance with the approved details. Following the erection of the traffic mirrors, the traffic mirrors must be retained in the approved location throughout the duration of the planning permission.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : *_**_**__ Authority Meeting Date : _**_**__ Signed : _**_**_*_ Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
Copyright in submitted documents remains with their authors. Request removal
View as Markdown