DEC Officer Report

Application No.: 19/00876/B Applicant: Department Of Infrastructure Proposal: Alterations to Marine Garden wall and creation of access ramps Site Address: 6 Marine Garden Harris Promenade Douglas Isle Of Man Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.10.2019 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the commencement of any works hereby approved, details of the materials and construction methods for the rebuilding of the wall shall be submitted to and approved in writing by the Department. All works shall then be carried out in accordance with the approved plans and the details agreed by the Department in writing.

Reason: To ensure the quality of the rebuilt wall is in keeping with the parts of the wall to be retained, and that the character and appearance of the conservation area is preserved.

• C 3. All rebuilding works hereby approved shall be completed in accordance with the approved plans and details agreed in writing by the Department within 6 months of the commencement of the works. Reason: To preserve the character and appearance of the conservation area.
• C 4. All replacement hand railings to be installed as part of the development hereby approved shall match those railings to be removed in terms of material, design, size and colour unless otherwise agreed in writing by the Department.

Reason: In the interests of preserving the appearance of a key feature of the Marine Gardens in accordance with Environment Policy 35.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 2nd August 2019: o 4199100 01 Location, Site, and GA Plan Section and Elevation _______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The Croft, Saddle Road, Douglas - as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy, are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is Garden No.6 of the Marine Gardens along Douglas Promenade. The gardens are sunken below the surrounding promenade, approximately 77m south of the War Memorial. - 1.2 At present the gardens are accessed at this northern end by a total of 4 sets of steps, two at either side with a flat landing area between. It is surfaced in flagstones, with raised walls and garden planting throughout. The walls are constructed from traditional stone.

2.0 THE PROPOSAL - 2.1 Proposed is the replacement of the two sets of steps on the western (road) side of Garden No.6 of the Marine Gardens with ramps for disabled access. Due to the alignment of the new horse tram passing point, the stone wall at the western side is required to be moved 0.4m into the gardens to accommodate a 1.7m space to the side of the trams for health and safety reasons. - 2.2 The proposal seeks approval to demolish the existing north west section of stone wall on this garden (approximately 8m) and rebuilt the wall further into the gardens as noted above. The new ramps would be a minimum of 1.5m wide with a maximum gradient rise of 1:15. Handrails would be installed along these ramps.

3.0 PLANNING HISTORY - 3.1 Ramp installations have previously been approved in sections of the sunken gardens further down the promenade (08/00841/B). - 3.2 The proposal is also linked to the wider Promenades Regeneration Scheme which in ongoing and was approved via 18/00003/B.

4.0 PLANNING POLICY - 4.1 The site is not specifically designated within the Douglas Local Plan 1998 for any particular use, however the sections of the gardens immediately to the south are zoned as Public Open Space. The site is within Douglas Promenades Conservation Area.

4.2 The Douglas Promenades Conservation Area Character Appraisal contains a section on Marine Gardens (p.13) states that they were constructed in the 1930's and notes that they have become "a distinctive part of the Loch Promenade frontage and throughout their lifetime have won awards for the quality of their landscaping." - 4.3 The most relevant Isle of Man Strategic Plan 2016 policy is Environment Policy 35 which states:

"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

4.4 Of specific relevance to this application is Planning Circular 1/91 - Provision for Disabled People. This circular applied to all land and buildings which disabled people may use members of the general public, as visitors, or for purposes of employment. It states that "the built environment should be convenient for use by disabled people."

- 5.0 REPRESENTATIONS

5.1 The Douglas Borough Council Dilapidation Enforcement Officer requested a deferral until after 16th September to allow the relevant committee of the Council to comment (16.08.19). On 01.10.19 Douglas Borough Council confirmed that they supported the application. - 5.2 Comments were received from The Croft, Saddle Road, Douglas which suggested that the gardens be converted to parking (19.08.19). - 5.3 DoI Highway Services have no objection to the application (06.09.19).

- 6.0 ASSESSMENT

6.1 The key considerations in the assessment of this application are the following:

• o The justification for the proposal;
• o The visual impact of the extension;

6.2 The Justification for the Proposal

• 6.2.1 There are two reasons provided for the proposal. One is the moving of the stone wall to accommodate the necessary widths for the horse tram rail, and the other is for the provision of ramped access to the gardens for wheelchair users and others of reduced mobility.
• 6.2.2 The accommodation of the safe operation of the horse tram is considered a greater asset to the Douglas Promenades than the two small planting sections of the gardens to be lost. In addition, as per Planning Circular 1/91, the works would increase the accessibility of the public open space for all.
• 6.3 Visual Impact

• 6.3.1 The works would involve the removal of a small section of flowerbed and a small patch of grass and replacement with hard surfacing, and the setting back of the stone wall which would all contribute to a reduction in the symmetry of the gardens. This is one of the defining characteristics of the Marine Gardens. However, from most vantage points along the Promenades, there would be minimal visible change as the stone wall would be rebuilt to match the existing, and the section of the gardens in question is approximately 8 metres in length - a relatively small section at one end.
• 6.3.2 Overall, the visual impact would not be so significant as to warrant a reason for refusal under EP35, the works would not be so significant in that they would be considered harmful to the wider character and appearance of the Promenades Conservation Area as a whole. Nor is it considered that the works would constitute inappropriate development in what is a special feature

• of that Conservation Area as they are justified on the basis of the wider promenade development and the provision of greater access for disabled and reduced mobility members of the public.
• 6.3.3 In terms of the impact on the wall itself, it is important to consider whether the proposal is an alteration or a demolition and replacement. This is not clear cut. The works involve the removal of around 8m of wall, and the rebuilding of the most of this section 0.4m further in to the gardens, although the stepped down portion of wall surrounding a small planted section would not be fully replaced - being built over by a ramp. This does not in itself mean it is demolition (noting that replacement windows involve the removal of the existing windows). Any works should be viewed in the context of the whole of the structure and a judgement made as to whether they are an alteration or a demolition (with or without replacement). In this case, given that the area in question is a relatively small section of a much longer wall it is not considered that the works constitute 'demolition' insomuch as to warrant a need for a separate registered building application.

- 7.0 CONCLUSION

7.1 On balance, the benefits of the works in access to the Marine Gardens for those of reduced mobility and to the wider promenade works and safe route of the horse tram, outweigh any minor visual impacts. The proposal is considered acceptable and is recommended for approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 04.10.2019 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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