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24/91388/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91388/B Applicant : Mrs Lydia Quayle Proposal : Erection of external decking to front of cafe with removable barrier hoarding Site Address : Paramount City Queens Promenade Douglas Isle Of Man IM2 4NN
Technical Officer: Tom Sinden Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.08.2025 __
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.
N 1. The applicant should seek to prevent, so far as is reasonably practicable, surface water from the premises flowing on to or over the highway, as required under Section 58 of the Highway Act 1986.
This application has been recommended for approval for the following reason. It is judged that the proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the proposed decking and removable hoardings are judged to be appropriate to the host building and as such the character and appearance of the Douglas Promenades Conservation is considered to be preserved. It is also judged that the application meets the tests of Strategic Policy 4, General Policy 2 and Environment Policy 35 as the size, position and form of the decking and removable hoardings are such that the character of the conservation area and surrounding townscape would be preserved and respected. The application is therefore judged to be acceptable.
Plans/Drawings/Information;
This decision relates to drawings 24-063-01 and 24-063-02 received on 13.6.2025.
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24/91388/B
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Right to Appeal
Right to Appeal:
It is recommended that the following organisations should NOT be given the Right to Appeal:
D.O.I. Highways - No objection D.O.I. Highways Drainage - No objection Douglas City Council - No objection __
Officer’s Report
1.0 THE SITE
1.1 The site is Paramount City, Queen's Promenade, Douglas. The site is located in the Douglas Promenades Conservation Area.
2.0 THE PROPOSAL
2.1 This application proposes the erection of external decking to front of cafe with removable barrier hoarding. There would be two areas of decking either side of a ramped access to the building's central set of double doors (the front elevation has three sets of double doors in total). The decking areas would be 3.85m wide and 3.28m wide respectively.
3.0 PLANNING POLICY
3.1 The site is in an area defined as mixed use in the Area Plan for the East 2020, and within the Douglas Promenades Conservation Area. The site is not in an area at risk of flooding, although a portion of the carriageway immediately beyond the site is noted as having a medium likelihood of surface water flooding.
3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2 Strategic Policy 4 Environment Policy 34 Environment Policy 35
3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
4.0 OTHER MATERIAL PLANNING CONSIDERATIONS
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24/91388/B
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4.1 TOWN AND COUNTRY PLANNING ACT 1999
S18 Designation of conservation areas (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.
5.0 PLANNING HISTORY
5.1 There are various historic applications in relation to the building's previous use as a nightclub. The only historic application judged to be of relevance to the current proposal is 21/00421/B, which approved the conversion existing nightclub/public house to create first & second floor residential area and ground floor mixed use cafe/barbers shop including outdoor seating area.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 DOI Highways - After reviewing these Applications, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking (18.6.2025).
6.2 Douglas City Council have stated that they have no objection to the application (24.6.2025).
6.3 DOI Highways Drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: No drainage is detailed, Applicant must demonstrate compliance with clauses above. i.e. do not discharge surface water onto the lane (23.7.2025).
7.0 ASSESSMENT
Statutory Test 7.1 Section 18 of the Act requires the Department to pay special attention to the desirability of preserving or enhancing the character or appearance of any conservation area in the exercise of any powers under the Act. In this instance, the application proposes decking areas with removable barrier hoardings in front of the building's principal elevation. The removable hoardings may be of a form that would be permitted under the provisions of the Highways Act. Without prejudice to this matter, however, given the proposed siting of the decking and the position, size and form of the decking, I judge that the proposals are appropriate to the host building and that the character and appearance of the conservation area would be preserved.
Policy Tests 7.2 As outlined in section 7.1 above, this application proposes decking areas with removable barrier hoardings in front of the building's principal elevation. The decking areas would be sited in two locations either side of the central double doors, with ramped access up to the seating areas. Given the size and position of the proposed decking, together with the fact that the decking level would be less than 300mm above existing pavement level, the proposed decking is judged to be appropriate and to respect its site, surroundings, and the character of the surrounding townscape. Given the style and form of the host building, the decking is also judged to preserve the character and appearance of the conservation area.
7.3 DOI Highways Drainage have submitted comments that highlight the fact that allowing surface water runoff on to a public highway would contravene Section 58 of the Highway Act.
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24/91388/B
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With this in mind, a note will be added to any approval that makes the applicant and their agent aware of their responsibilities under the Highways legislation.
8.0 CONCLUSION
8.1 It is judged that the proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the proposed decking and removable hoardings are judged to be appropriate to the host building and as such the character and appearance of the Douglas Promenades Conservation is considered to be preserved. It is also judged that the application meets the tests of Strategic Policy 4, General Policy 2 and Environment Policy 35 as the size, position and form of the decking and removable hoardings are such that the character of the conservation area and surrounding townscape would be preserved and respected. It is therefore recommended that the application be approved.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
9.5 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 the Right to Appeal. __
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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Date: 01.08.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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