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24/91271/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91271/B Applicant : Manx Utilities Authority Proposal : Removal of generators and wall and levelling of site for additional car parking Site Address : Car Park Lord Street Douglas Isle Of Man
Principal Planner: Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.02.2025 __
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.
This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2, Strategic Policy 4 and Environment Policy 36 of the Strategic Plan having no significant impacts upon public or private amenities.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 08.01.2025.
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
DOI Highway Services - No Objection Local Authority - No Objection __
Officer’s Report
1.0 THE SITE
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1.1 The application site lies within the Manx Electricity premises which contains an electricity substation and a parking area. The site is located to the southern side of Lord Street within Douglas.
2.0 THE PROPOSAL 2.1 The proposed is the removal of generators and wall and levelling of site for additional car parking.
3.0 PLANNING HISTORY 3.1 Alterations and installation of a new vehicle and pedestrian entrance gate - 21/01528/B
3.2 Installation of three air coolers and two generators - 10/00064/B - APPROVED
3.3 Widening of entrance to form a new exit from site. Installation of new barriers was APPROVED under PA 04/01275/B.
3.4 Construction of 3-deck car park - 90/01893/B - APPROVED
4.0 PLANNING POLICY Site Specific 4.1 The site is within an area designated as a "Mixed Use proposal Area - The Quayside" under the Area Plan for the East 2020. The site is outside of but next to the North Quay Conservation Area and the Athol Street/Victoria Street Conservation Area. The site is not within a Flood Risk Zone.
Strategic Policy 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
Principles of Developments 4.3 Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest."
4.4 General Policy 2, which provides an overall requirement for all development, states: "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: (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; (g) does not affect adversely the amenity of local residents or the character of the locality; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."
4.5 Environment Policy 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."
5.0 REPRESENTATIONS 5.1 Douglas Borough Council has no objection to this application (17.01.2025).
5.2 DoI Highway Services does not oppose this application commenting (13.01.2025);
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"After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the proposed parking is a conversion back to a previous parking area."
6.0 ASSESSMENT 6.1 The key consideration in the determination of the application is its impact on the character and streetscene of the Area.
6.2 The proposal would result in the removal of the structures (including wall, fencing, three air coolers and two generators) approved under planning application 10/00064/B and reinstating the area back to a car park, creating a total of 6 spaces. The car park would be mainly screened by the boundary wall (approx. 2.5m+ in height) fronting Lord Street would be retained.
6.3 The proposals would have no significant impacts upon the visual amenities of the area or upon the character and quality of the nearby Conservation Areas.
7.0 CONCLUSION 7.1 The proposal is considered to comply with General Policy 2, Strategic Policy 4 and Environment Policy 36 of the Strategic Plan having no significant impacts upon public or private amenities. Therefore, it is recommended for an approval.
7.2 The application is recommend for an approval.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 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).
8.2 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.
8.3 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.
8.4 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.
8.5 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.
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I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and
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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 : 07.02.2025
Determining Officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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