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25/10102/AIR PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 25/10102/AIR Applicant : Douglas City Council Proposal : Information in relation to condition 3 of PA 25/90144/B providing details of the seating shelter at Queens Garden, Douglas Promenade Site Address : Marine Gardens 4 And 5 Harris Promenade Douglas Isle Of Man

Recommending Officer: Peiran Shen

Recommended Decision: Refused Date of Recommendation: 29.10.2025

Reasons for Refusal

R : Reasons for Refusal

R 1. In this instance of the submitted documents for the discharge of conditions and after consultation with Highway Services, which objects due to highway safety concerns, in addition to the fact that the proposed shelters extend beyond the red line boundary of the original planning approval. It is deemed insufficient to achieve the desired outcome and would be considered unsatisfactory under planning condition 3 of application 25/90144/B, and should be rejected. __

Officer’s Report

1.0 Description 1.1 The proposed application (25/90144/B) Alterations to No. 4 and 5 Marine Gardens and Queens Gardens, including the installation of seating, disabled access, installation of playground equipment, outdoor shower facility, and planting and landscaping, was APPROVED on 10th July 2025 and subject to 3 conditions. Some conditions required the submission of additional information prior to the commencement of works.

1.2 This report is specific to Conditions (3) which the applicants are seeking to satisfy.

1.3 Specific wording of the condition as follows:

No seating shelter shall be constructed within Queens Garden until details of the siting, design, scale and materials of any shelter have been submitted to and approved in writing by the Department.

The shelters shall then be erected in accordance with the approved plans and retained thereafter.

Reason: To allow the Department to consider the detailed design and siting of any shelter in the interest of visual amenity and safety along the highway.

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25/10102/AIR 2.0 Proposal 2.1 The applicant's agent has submitted a cover letter, drawings of the location of proposed seating shelters, as well as drawings of the shelters to be used, along with an application form on 11.07.2025.

3.0 Consultation 3.1 Highway Services from the DOI were consulted for advice on the satisfaction of the condition. The advice received on 27.10.2025, following their review of the submitted documents, concludes that the proposal would harm highway safety because the structure overhangs the highway.

4.0 Recommendation 4.1 In this instance of the submitted documents for the discharge of conditions and after consultation with Highway Services, which objects due to highway safety concerns, in addition to the fact that the proposed shelters extend beyond the red line boundary of the original planning approval. It is deemed insufficient to achieve the desired outcome and would be considered unsatisfactory under planning condition 3 of application 25/90144/B, and should be rejected.

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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.

Decision Made : Refused Date: 30.10.2025

Determining officer

Signed : C BALMER

Chris Balmer

Principal Planner