Officer Report Conclusions Recommendation

Conclusions 46. The development is for a modern, substantial building on a site that has a number of constraints. It is judged that overall the proposal would enhance the appearance of the area, would make an efficient use of the site and would meet with the technical requirements for access, drainage and flooding. The apartments provided would have an acceptable level of amenity and would not cause unacceptable harm to adjacent properties. For these reasons it is concluded that the application should be approved. ## Recommendation 47. It is recommended that this application be approved subject to the list of conditions set out at the end of this report. It is also considered necessary for a legal agreement to be entered into to ensure that a commuted sum is provided in lieu of affordable housing being provided on site. This should be finalised before planning approval is granted. If a legal agreement has not been concluded within 6 months of the date of this decision, the application will be brought back to the Planning Committee for further consideration. ## Party Status 48. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status. 49. 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: The Department of Social Care The owner/occupier of 82 Birchill Crescent Onchan (who owns the garage building adjacent to the site) 50. Accordingly the following parties are not granted Interested Party Status: The Manx Electricity Authority The Community Planning Service 33 Ballaquark Douglas The owner/occupier of 9 Fort William Douglas 51. The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status. ### Recommendation Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 04.06.2012 ---

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

C 1.

The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This approval relates to the demolition of existing buildings and erection of twelve apartments with ground floor retail unit, parking and further parking space in lane, 6-8 Bridge Road and Warehouse, Lake Road, Douglas as shown by 1011J/01, 1011J/02, 12/2375/02, 2/2375/03, 2/2375/04, 2/2375/05, 2/2375/06, 2/2375/07, 2/2375/08, 2/2375/09, 2/2375/10, 2/2375/11 and Design Statement received 7th March 2012.

C 3.

The visibility splays shown by drawing 10/2375/07 must be provided prior to the occupation of the building and remain free from obstruction at a height of 1m above the highway for the life of the development.

C 4.

Prior to the occupation of the building, a traffic mirror must be erected opposite the vehicular access to the car park of the building to ensure traffic approaching from the right is visible to emerging traffic and must remain in place and be maintained for the life of the development.

C 5.

Prior to the commencement of any works, samples of the external finishes to be used in the construction of the building must be submitted to and approved in writing by the Planning Authority.

C 6.

All glazing shown on the approved plans as being etched or obscured must be installed on construction of the development and retained as such thereafter.

C 7.

The ground floor retail unit may be used only as permitted by Schedule 4, Class 1 of the Use Classes. This allows for use for all or any of the following purposes:

• (a) for the retail sale of goods other than hot food,
• (b) as a post office,
• (c) for the sale of tickets or as a travel agency,
• (d) for the sale of sandwiches or other cold food for consumption off the premises,
• (e) for hairdressing,
• (f) for the display of goods for sale,
• (g) for the hiring out of domestic or personal goods or articles, where the sale, display or service is to visiting members of the public.

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 : DEFER FOR LEGAL AGREEMENT

Committee Meeting Date : 11.6.2012

Signed: _________________________ Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO