DEC Officer Report

Application No.: 24/00434/B Applicant: Douglas City Council Proposal: Improvement works, replacing the boundary bollards and railings and relocating pay machines Site Address: Bottleneck Car Park Loch Promenade Douglas Isle Of Man Planning Officer: Graham Northern Photo Taken: 30.04.2024 Site Visit: 30.04.2024 Recommended Decision: Permitted Date of Recommendation: 06.06.2024

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

The proposal is considered in line with the land use allocation as a car park and are also not considered to harm the Conservation Area and thereby accord with the Planning Circular 1/98, General Policy 2 and Environment Policy 35 of the Strategic Plan.

Plans/Drawings/Information;

This approval relates to the following drawings and documents all received 10.04.2024: Location Plan E&R.22.034.1001 Proposed Site Plan, Elevation and Section E&R.22.034.1003 A1 A S Shelter Plan and Elevations E&R.22.034.1004 Hoop Barrier Specification Sheet

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site is located at Bottleneck Car Park, Loch Promenade, Douglas. It is situated just to the east side of Loch Promenade and northwest of the Sea Terminal. The site currently is used as a car park (86 spaces). - 1.2 The applicant has stated the following information regarding the existing site, Within the Bottleneck Car Park there are currently two pay machines, one near the exit on the Sea Terminal (southern) side of the car park and one on the other side by the Jubilee Pump Station (northern). Both of these existing shelters are not wheelchair accessible. The existing shelters were originally open facing and were adapted in a cost effective way to provide more protection from the weather and the sea. The existing shelters are aesthetically unsightly given their age and aren't in keeping with the adjacent modernisation works of the Promenade. The existing shelters are comprised of a box metal frame with a clear 'Perspex' plastic sheeting, which in the summer months acts as a green house and regularly affects the display screens of the pay machines, making them unusable for the public.

The existing railings that run the length of the eastern boundary of the car park, along the Promenade Walkway, have been damaged by vehicles hitting the railings on numerous occasions over the years. These railings require replacing.

2.0 THE PROPOSAL - 2.1 The proposal is to relocate the pay machine currently located at the northern end of the car park, next to the other pay machine at the southern end of the car park. - 2.2 As part of the replacement works it is also proposed to remove the existing concrete kerbing that runs the length of the eastern side of the car park and replace it with a tarmac surface that will be level with the walkway, creating a level exit from the car park. Colour to match the walkway and car park. - 2.3 The proposals include replacement of railings and bollards to the north and east sides of the car park.

3.0 PLANNING HISTORY - 3.1 Permission was permitted for the site to be used as a temporary event space for the duration of the TT for a five year period to provide a marquee, stage, food, merchandise and toilet facilities with perimeter fencing under application 18/00283/B.

4.0 PLANNING POLICY - 4.1 The Douglas Local Plan 1998 identifies the site as being a "Principle Car Parks". . The site is within a Conservation Area. - 4.2 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". Given that the site is within a within Conservation Area the above requirements apply and appropriate consideration will be given in the assessment. - 4.3 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 4.4 Whilst General Policy 2 does not strictly apply, the principles contained within it are general planning principles that ensure good development, and in this regard are relevant:

'Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality; provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;

• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption.'

4.5 Environment Policy 22 states: 'Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and
• iii) vibration, odour, noise or light pollution.'

4.6 Environment Policy 35 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." - 4.7 Transport Policy 7 states: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'

5.0 REPRESENTATION - 5.1 Douglas Borough Council has no objections on this application (17/05/2024). - 5.2 DoI Highway Services states no significant negative impact upon highway safety, network functionality and/or parking (19/04/2024). - 5.3 No other representations received

6.0 ASSESSMENT - 6.1 Given the proposals are in line with the land use allocation and retain the existing use as a car park there is no conflict in allocation terms. The proposals merely seek to reconfigure elements of the car park including barriers, pay machines and railings. The key consideration as such are its impact on the character of the conservation area and on neighbouring amenities.

6.2 Character of the Conservation Area - 6.3 Section 18 (4) the proposal is considered to preserve and/or enhance (wherever you choose) the conservation area. The following goes on to consider the relevant policies. Pay Machines and shelters - 6.4 The proposed design has taken elements from the planters that were installed near the exit to the car park, matching the black powder coated metal and wooden cladding that will turn grey as it ages. - 6.5 Instead of having fully glazed panels that have been an issue in the past, the proposed design will comprise of one side of the shelter as a solid metal sheet that externally will provide car park information signage and internally information on how to pay. The other three sides would be a mix of two elements, the top half will be a glazed panel, the lower half will be a light box that we propose will have an optical illusion design to create a feature for the shelter. The optical illusion design could be easily changed and updated if required in the future. The shelter will include CCTV to cover the internal area of the shelter and the pay machines. Railings and Bollards - 6.6 The proposed hoop railing design will give a more open feel to the car park and it is felt this would give a softer and more subtle look than a more traditional railings, while still providing the required boundary to the car park. The hooped railings will be galvanised steel with a black powder coated finish to protect the railings from the coastal environment. - 6.7 The changes proposed are result of damage and technical issues with the use of the pay machines, as such the proposals seek to improve functionality and also the visual appearance of the car park by replacing elements that are getting damaged, additionally the proposals seek to be more disabled friendly and give better accessibility. - 6.8 The design and layout proposed retains features of a car park and is not considered to result in any detrimental visual impact to it and therefore preserves the character of the Conservation Area. - 6.9 Neighbouring Amenity - 6.10 The proposals are not considered of a scale that will result in any detrimental impact on neighbouring land users amenity.

7.0 CONCLUSION - 7.1 The proposals are sought to repair and make functional changes to the existing car park and make it more accessible and user friendly. The changes are in line with the land use allocation as a car park and are also not considered to harm the Conservation Area and thereby accord with the Planning Circular 1/98, General Policy 2 and Environment Policy 35 of the Strategic Plan.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above who should be given Interested Person Status.

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 10.06.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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