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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00412/B Applicant : Castletown Commissioners Proposal : Installation of heron sculpture on former swing bridge platform Site Address : Platform Adjacent To Thirtle Bridge Castletown Isle Of Man
Planning Officer: Lucy Kinrade Photo Taken : Site Visit : 19.04.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 13.05.2024 __
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. Whilst there may be individual and subjective views as to the art work itself, on the basis of the planning assessment in respect of the policy, the proposal is considered to have an acceptable visual impact on the streetscape, on the Conservation Area and on the setting of the Castle in line with S16 and S18 of The Act, Strategic Policy 4, General Policy 2 (b, c, g), Environment Policies 35, 36 and 42 of the Isle of Man Strategic Plan 2016 as well as Landscape Proposals 4, 5 and 6, and paragraph 6.28 of the Area Plan for the South 2013 and in accordance with the principles of those policies within Planning Policy Statement: 1/01. The proposal is not expected to result in any harm to public amenity nor to highway safety nor is it expected to harm the operation of the harbour nor to impact any habitat or special interest of the harbour or watercourse and not to make worse the flood risk already established in this area in line with General Policy 2 (h, i and m) and Environment Policies 4, 7 and 13. The proposal is considered to promote public art and is a sculpture that is reflective of local wildlife found in such waterside environments and is considered to comply with Section 6.7, General Policy 9, and General Policy 3(h) and not to undermine Environment Policy 1 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the following: o Covering letter o AXIS Structural Report o Photographs
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and o Site Plan o Location Plan o Plans, Elevations. Site Plan and Photo Drawing
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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 4(2):
o The owners of No. 19 Queens Street, Castletown o The owners of Thie Ashlish, 2 Close Famman
as they 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 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
THE APPLICATION IS BEFORE THE COMMITTEE AS THE LAND IS NOT DESIGNATED FOR DEVELOPMENT AND MAY BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The application site relates to an existing concrete platform sitting on the northern side of Thirtle Bridge in Castletown. The bridge provides vehicular and pedestrian crossing over the river and harbour.
2.0 THE PROPOSAL 2.1 Proposed is the installation of an approx. 8m tall heron sculpture sitting on top of the concrete platform. The proposal includes a slightly smaller concrete plinth which the bird will sit on, and the overall dimensions of the bird are approx.8m tall, 5.5m wide and 1.3m deep and is to be finished in a mix of steel and galvanised steel.
3.0 PLANNING HISTORY
3.1 The wider harbour area has been subject to flood prevention measures in the raising of the harbour wall under 16/00635/B although not considered materially relevant to this specific application.
4.0 PLANNING POLICY 4.1 The site is not designated for development on the Area Plan for the South 2013 and although within the centre of Castletown its positon sits outside of the settlement boundary line. The site is recognised as being at high risk of tidal and river flooding and is also within the Castletown Conservation Area. There are two statutory tests to take into consideration in this application S16 and S18 of The Act which covers the impact of development on the setting of Registered Buildings, and ensuring development preserves or enhances the Conservation Area. In addition we have both the Strategic Plan and the Local Plan policies to take into consideration as set out below.
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4.2 In terms of IOM Strategic Plan 2016 the following are considered relevant in the assessment:
o Strategic Policy 1 - make best and efficient use of sites o Strategic Policy 2 and Spatial Policy 3 - new development located in existing town centres, unless in line with GP3 o Strategic Policy 4: development must Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest. o Strategic Policy 5 - new development to make positive contribution o General Policy 2 - general standards towards acceptable development o General Policy 3 - exceptions to development in countryside including (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. o Section 6.7 - paragraphs relating to public art including sculptures and reflective of the cultural traditions or history of a particular area o General Policy 9 - inclusion of provision of art for the public o Environment Policy 1 - protection of the countryside (all land not designated and outside of settlements). Development that is adversely affecting not permitted unless there is an overriding national need. o Environment Policy 4 - protection of habitats o Environment Policy 7 - protection of watercourses o Environment Policies 10 and 13 - flood risk o Section 7.29 and Environment Policy 35 - protection or enhancement of Conservation Areas o Section 7.30 and Environment Policy 36 - views into and out of Conservation Areas o Section 7.34 and Environment Policy 42 - settlement character and character of locality o Transport Policy 13: Development in or around harbours should neither compromise the ability of the harbour to accommodate other commercial or recreational users in a viable manner, nor be detrimental to the character of those harbours of historic interest. o Transport Policy 14: Any proposed schemes likely to impact upon the ecology and/or archaeology of a harbour or the nearby coastline should be accompanied by an Environmental Impact Assessment.
4.3 In terms of Area Plan for the South 2013 the following are relevant: o Section 3.9 - recognises the qualities of Castletown, its historic importance and the implications in its landscape character assessment and the key features and landscape views to protect which is further elaborated in landscape proposals. o Landscape Proposal 4: The design of development on sites which adjoin the approach routes into Castletown should employ styles and materials which are sympathetic to those of the historic centre, and should be so sited as to safeguard views of the Castle and the old town from those routes. o Landscape Proposal 5: In determining applications for development within Castletown, regard should be had to the impact on views of, and from, the Castle; these include the roofscapes visible from the ramparts. o Landscape Proposal 6: In determining applications for development consideration should be given to the siting of tall vertical elements so that they do not affect the setting of King William's College and Castle Rushen. o Section 6.25 - recognises the importance of the harbours in the south including Castletown and development should not prejudice its use. o Employment Proposal 4: New industrial development within the harbour areas of Castletown and Port St Mary should be marine based, and of a scale which is appropriate for a relatively small port. Such development should where possible: be sited immediately adjacent to existing industrial uses; not adversely affect the amenity of neighbouring residents; and not prejudice the use of the harbour area for leisure or tourist development by virtue of restricting access to existing or possible future leisure facilities. New industrial buildings must be designed and finished to a high standard so as to acknowledge the prominence and importance of the harbour-side location.
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o Section 6.28 - recognises Castle Rushen as being of 'obvious international significance' along with a number of other sites within the town being of considerable interest and attraction. It states that the town has largely maintained the integrity of its historic buildings and streets and it is this integrity which attracts tourists and visitors to the town.
4.4 In addition it is also relevant to consider the Castletown Cullen Report and Planning Policy Statement: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man particularly RB/3, 4, 5 and CA/2 all which set out the importance of the settling of Registered Buildings and Conservation Areas and the views into and out of Conservation Areas.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Department of Infrastructure Highway Services - Do not oppose (12/04/2024) - no significant negative impact upon highway safety, network functionality and/or parking, as the position of the heron sculpture will not hamper the visibility splay at the Back Hope Street/Castle Street junction for a 20mph speed limit road on Castle Street. It is advised that the applicant confirms to the planning department that the sculpture can withstand extreme winds which can occur in this location so it does not fall onto the highway or harbour in an extreme weather event.
5.2 Department of Infrastructure Flood Risk Management - comments sought but no response received as of 13/05/2024.
5.3 DEFA Inland Fisheries - no objection (29/04/2024)
5.4 The owners of No. 19 Queens Street - objection (11/04/2024 and 26/04/2024) these have been split into material and non-material planning considerations in this case: Material o out of keeping with the historic vista when entering Castletown particularly for those visitors using the historic steam railway. o Its height and scale would be a dominating feature significantly detracting from the Castle Non-material o They raise question about the future maintenance cost implications to the local ratepayers and request a financial plan be submitted. o They have concerns about the applicant and the nature of their relationship to the commissioners.
5.5 The owners of Thie Ashlish, 2 Close Famman - objection (19/04/2024) these have been split into material and non-material planning considerations: Material o Questions if there is an environmental impact as a result of an eye sore sculpture
Non-material o States it's a waste of tax/rate payers money that could be better spent on essential services.
5.6 Comments were also sought from the following but no comments received as of 10/05/2024: o Castletown Commissioners o DEFA Registered Buildings Officer o Manx National Heritage o Manx Utilities
6.0 ASSESSMENT
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6.1 The application seeks approval for a large sculpture created by two local and internationally renowned artists situated alongside Thirtle Bridge on an existing concrete platform. 'The Heron' is earmarked to be a key piece on the developing Silverburn Art Trail which covers a route along the river from Castletown Harbour up to Silverdale Glen. The Heron's construction is in two parts and comprises two legs precast into a concrete plinth and the body section which is to be bolted to the legs and secured by wire straps to the concrete base. Structural Engineer calculations have been provided including wind loads. The supporting statement further indicates that the two part construction on its own base also means that the Heron could be easily removed and relocated elsewhere if required. The applicant hopes that the artwork will attract positive public publicity increasing visitor numbers to the town as well as to the Island.
6.2 The key issues to consider in the case of this application are: i. Principle ii. Impact on the character and appearance of the Conservation Area iii. Impact on the setting of Castle Rushen and views into and out of the area iv. Impact on the harbour and its recreational use v. Whether there are any flood risk issues vi. Whether there are any other issues in respect of public safety, highway safety or impact on any local habitats.
6.3 i) Principle 6.3.1 The land is not designated for development and is outside of the Castletown settlement boundary line and so there is a general presumption against any kind of development. However, unlike isolated sites in the wider countryside, this site is right in the centre of Castletown and is surrounded by existing built development and clustered amongst land zoned for future development and so it would not be unreasonable to not strictly apply those policies relevant to the countryside and allow for some consideration to other policies in the consideration of some form of development in this specific location.
6.3.2 General Policy 3 sets out exceptions and includes at (h) works for the interpretation of wildlife and heritage. General Policy 9 also seeks to promote the inclusion of art work for public enjoyment and especially public art that reflects the cultural traditions or history of a particular area.
6.3.3 Herons are common place in such areas and often seen within the harbour and along the river edge. 'The Heron' will be a large sculpture reflective of this specific harbour side location as well as wider parts of the Island. Its location directly alongside an arterial route into the town means it will be visible to and serve a large portion of the public and its design working alongside the interpretation of the local wildlife and for these reasons the proposed art work is considered acceptable in principle in this location in line with GP3(h) and section 6.7 and GP9 of the Isle of Man Strategic Plan 2016.
6.4 ii) Impact on the character and appearance of the Conservation Area 6.4.1 There is no character appraisal for Castletown. The Cullen report sets out many key features within the town including its intimate spaces, its winding streets, beautifully controlled views of the sea and formal town square all of which contribute to the town being exceptional then added to which you have the Castle and sea and it 'becomes truly remarkable'. The bulk of the Cullen focuses on the nucleus around the Castle, the square, parade and sea side with its links from the quay side, down Castle Street, Malew Street and Arbory Street. There is little within the report about the harbour side or the site of the proposed sculpture except at page 12 where it outlines the river penetration into to the centre of town and how the sequence of water spaces is significant leading from the Silver Burn, under Alexandra Road, terminating in a weir with footbridge, the river flows into a yacht harbour which is separated from the channel to the sea by a swing bridge. Note that this system of water focuses on to the Castle.
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6.4.2 Castletown has the highest proportion of Registered Buildings and it is these special buildings along with the harbour side port setting and the high density of traditional properties which line the narrow winding and intricate streets which all help to form the positive character and appearance of the Conservation Area.
6.4.3 Along the harbour edge and within the area there is a prevalence of Castletown limestone a grey stone material out of which many buildings are built and finished. The Heron is proposed to be finished in a mixed steel and galvanised steel finish to replicate the feathering of a heron, this grey and somewhat industrial appearance of the sculpture and in this specific setting alongside the harbour would be in-keeping with the industrial nature and palette of materials. The harbour is also a working port and so regularly visited by yachts with tall masts and vertical elements. The traditional buildings throughout the town are mostly tall and narrow with similar vertical prominence too. The tall nature of the Heron would also not be out of keeping with this verticality and is also a bird readily found in the area and again its siting here would not be out of place in this location.
6.4.4 Although permanent in its intention and finished in steel, the structure has also been designed to be completely removable and so any impact being reversible should it ever need to be moved or relocated. In this respect it is felt that the installation of the Heron sculpture of this size, scale and design and affixed to the existing concrete platform on the northern side of the bridge would not result in any adverse visual harm nor any unacceptable impact to the character and appearance of the Conservation Area which is to be preserved in line with S18 of The Act 1999, as well as Strategic Policy 4 and Environment Policies 35 and 36 of the Strategic Plan and not considered to result in any adverse visual impacts in line with those principles set out in Environment Policy 1. The proposal is also considered to meet with those principles of Landscape Proposal 4 of The Area Plan for the South 2013 and Planning Policy Statement: 1/01.
6.5 iii) Impact on the setting of Castle Rushen and views into and out of the area 6.5.1 The Heron is proposed to sit on the northern side of the bridge and away from the nucleus of the town centre and Castle. Its position remains fairly close to and read alongside those traditional properties along Hope Street and Back of Hope Street. When travelling along Bridge Street and into the town centre there will be clear public views of the Heron (its whole purpose as an art installation in this location) but those buildings to the rear help to form a backdrop to its position and the height of the Castle will still remain the tallest and most prominent feature in the skyline and streetscape.
6.5.2 As you travel closer to the town and crossing Thirtle Bridge, you will have opportunity to view the Heron up close with its mixed steel finish with some rusted and some shiny elements reflective of a Heron's feathering, and not at odd with nor detracting from the grey materials in the area including the Castle itself. Navigating this area the eye is then drawn to the bulk of the Castle, moving down towards the Quayside and the winding street past the Glue Pot and finally out to sea. At this point the Heron would be behind you and the central focus remains on the nucleus of the Town and the prominence of the Castle.
6.5.3 Travelling along Back Hope Street the Castle and those building along the Quay offer a similar backdrop, only when you near closer to the Heron would the height break the skyline, however minded of the siting amongst the harbour setting where there are existing vertical elements including lamp posts and yacht masts that the slender proportions of the heron would not be of such scale, massing or bulk as to harmfully impact nor detract from the views and setting of the Castle.
6.5.4 Minded of the above conclusions the proposal is not considered to result in any harm to views of nor to the integrity and setting of Castle Rushen and in this respect the proposal is considered to comply with Strategic Policy 4, Environment Policies 36 and 42 of the Isle of Man Strategic Plan 2016 as well as Landscape Proposals 4, 5 and 6, and paragraph 6.28 of the Area Plan for the South 2013 and the principles of those policies within Planning Policy Statement: 1/01.
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6.6 iv) Impact on the harbour and its recreational use 6.6.1 The Heron is to be located on a currently underused and vacant concrete platform. The heron's design is not expected to result in any notable overhang beyond the existing platform area and thus is not expected to compromise the commercial or recreational users of the harbour in line with Transport Policy 13 of the IOM Strategic Plan 2016.
6.7 v) Whether there are any flood risk issues 6.7.1 A flood risk assessment has not been provided and so on a technicality undermines Environment Policy 10. No comments have been received from DOIFRM. However given the design of the Heron and its location on top of an existing raised platform which used to form part of the previous swing bridge, the proposal is not expected to result in any change to the already established watercourse or flood risk of the area in line with Environment Policies 7 and 13. If water levels did exceed flood risk levels, the design will allow the flow of water through and over, and it would also be in the applicants best interest to ensure the sculpture concrete base was capable of withstanding any possibly water flows or movement, minded of course its two piece design which would allow for its removal in any anticipated severe weather or flooding event.
6.8 vi) Whether there are any other issues in respect of public safety, highway safety or impact on any local habitats. 6.8.1 The Heron is position at the end of a concrete platform and away from the nearest highways and is not expected to result in any overhang to any footpath or road networks and so no impact is expected on highway safety or network functions in line with GP2(h and i). The application has been provided with structural engineer calculations for wind loading which has been deemed as conservative having less drag that a sign section and calculations for its structural stability, including overturning, and this has been demonstrated as being acceptable. Anchorage in cables has also been calculated and concluded as needing 3t per anchor. The report is caveated that the sculpture itself had not been checked and that the fabricator should ensure suitable capacity and redundancy of the sculpture across all members, welds and other connections and that the centre of gravity kept central to the base. It would be in the applicant and artists best interest to ensure stability and safety of the structure in its own right but overall based on the evidence provided the structure is erectly soundly and maintained would not result in any significant harm to overall public safety in line with General Policy 2(m).
8.2.2 The proposal is not expected to result in any impact upon ecology or on any archaeology of the harbour given its position on top of an existing and redundant concrete platform out of the water and not nearby any coastline and so not considered to require an EIA as set out in Transport Policy 14.
6.8.3 Inland fisheries have confirmed no objections and given the nature of the townscape and the design and siting of the structure out of the water and amongst existing built development that it would not result in any new or increased impact on any ecology or habitat beyond the exiting town setting as to warrant any concern in this case or to undermine Environment Policy 4.
7.0 CONCLUSION 7.1 Whilst there may be individual and subjective views as to the art work itself, on the basis of the above planning assessment in respect of the policy testing, the proposal is considered to have an acceptable visual impact on the streetscape, on the Conservation Area and on the setting of the Castle in line with S16 and S18 of The Act, Strategic Policy 4, General Policy 2 (b, c, g), Environment Policies 35, 36 and 42 of the Isle of Man Strategic Plan 2016 as well as Landscape Proposals 4, 5 and 6, and paragraph 6.28 of the Area Plan for the South 2013 and in accordance with the principles of those policies within Planning Policy Statement: 1/01. The proposal is not expected to result in any harm to public amenity nor to highway safety nor is it expected to harm the operation of the harbour nor to impact any habitat or special interest of the harbour or watercourse and not to make worse the flood risk already established in this area in line with General Policy 2 (h, i and m) and Environment Policies 4, 7 and 13. The proposal is considered to promote public art and is a sculpture that is reflective of local wildlife found in such
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waterside environments and is considered to comply with Section 6.7, General Policy 9, and General Policy 3(h) and not to undermine Environment Policy 1 of the Isle of Man Strategic Plan 2016.
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 which 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.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 20.05.2024
Signed : L KINRADE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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