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25/90144/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90144/B Applicant : Douglas City Council Proposal : 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 Site Address : Marine Gardens 4 And 5 Harris Promenade Douglas Isle Of Man
Planning Officer: Russell Williams Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 04.07.2025 __
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.
C 2. The development shall be completed in accordance with the materials as indicated on the approved drawings and within the approved Design and Access Statement dated January 2025.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 3. 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.
This application has been recommended for approval for the following reason. The proposals will deliver clear public benefits by providing enhanced play and open space for the community and will improve the quality of the public realm within this part of the Promenade. The design, scale and finish of the proposed play area, public spaces, hard surfacing and associated infrastructure, including the skate park and seating areas, is well
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designed and will make a positive contribution to the character and appearance of the area. The design and visual appearance of the proposals will maintain, if not enhance the character and appearance of the Conservation Area. The proposals are considered to comply with Environment Policy 35, Recreation Policy 2 and General Policy 2 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 7th and 17th February 2025:
E&R.23.004.1001 MARINE GARDENS 4 AND 5 LOCATION AND SITE PLAN. E&R.23.004.1002 QUEENS GARDENS LOCATION AND SITE PLAN. P01 Existing Plan Marine Garden 4 P02 Existing Plan Marine Garden 5 P03 Existing Plan Queen's Gardens P04 General Arrangement Plan Marine Garden 4 P05 General Arrangement Plan Marine Garden 5 P06 General Arrangement Plan Queen's Gardens SE01 Marine Garden 4 - Section A SE02 Marine Garden 4 - Section B SE03 Marine Garden 5 - Section A SE04 Marine Garden 5 - Section B SE05 Queen's gardens - Section A SE06 Queen's gardens - Section B SE07 Queen's gardens - Section C 250109_TPS_REVB_IOM_3D-00 250109_TPS_REVB_IOM_3D-01 250109_TPS_REVB_IOM_3D-02 Design and Access Statement
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas City Council No objection
DOI - Highway Services Objection addressed by condition
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal:
7 Woodbourne Road, Douglas Objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact Assessment is required) (A10(2)(b))
Century Court, Queens Promenade, Douglas Objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact Assessment is required) (A10(2)(b)) __
Officer’s Report
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1.0 THE SITE
1.1 The application site is split into two distinct portions of public recreation space on the seaward side of Douglas Promenades. Marine Gardens 4 and 5, often referred to as the Sunken Gardens is located on Loch Promenade, whilst Queens Gardens is located further north along the front at Queen's Promenade. The Marine Gardens and Queen's Gardens form a series of important spaces on the promenade, not only as an important part of the public realm but also as the gateway to the Isle of Man upon approach to its historic Bay especially from the Sea Terminal. The gardens offer spectacular views across the coast with iconic vistas such as to the Tower of Refuge. The gardens form part of the main public space for the town centre and yet have seen a steady decline in use over the years.
1.2 Marine Garden 4 is the larger of the two Marine Gardens being developed and was the garden which faced the majority of the impact from Storm Barra in 2021, with almost all of its historic seaside wall collapsing and the destruction of the play equipment, planting, kiosk and canopy shelter. All of the damaged play equipment was removed and what remains now is a gated area with some amenity grass, benches, raised beds and an unused, unsafe kiosk with shelter. There are existing steps and ramps into the sunken garden which provide access for all users, though the ramps are not compliant with building regulations/DDA guidance.
1.3 Marine Garden 5, separated from Garden 4 by the public toilets also saw the affects from Storm Barra in 2021, with almost all of its historic seaside wall also collapsing. The impacts from the storm were less severe in this garden with some damage to the planting but not to the seating or other furniture. The garden layout is formed of two formal planting beds with grassed verges running the length of the garden, separated by a single central path. A series of wooden benches line the path, facing the opposing bench.
1.4 Queen's Gardens is the largest all of three sites and forms a key feature along the promenade as it is the only public green space in this coastal location. Storm surges occur in this location but the impacts have less of an effect. The garden is separated into five green spaces via the pedestrian paths connecting the adjacent road to the promenade walkway and down to the beach itself. The vegetation is mainly amenity grass with pockets of shrub planting and wildflower. A number of metal benches are located at the edge of the garden, facing the sea. Although this optimises the view out, it creates an invisible barrier as people's backs are then facing the garden. There are existing beach huts for hire, public toilets and a drinking fountain at the southern end of the garden which helps form a small focal point. The IRIS Pump House at the centre of the garden is the biggest visual and physical barrier but it provides shelter for users from its external canopy space, and this is often used by sea swimmers as a place to get changed. The local context to this garden is the quieter residential surroundings, the horse tramway and the well-connected accesses to the beach.
2.0 THE PROPOSAL
2.1 The application seeks permission for various works within the three sites along Douglas Promenade. Regarding each area, the following is proposed:
Marine Garden 4: o Construction of access ramp and terraced seating to southern end; o Construction of 3bench seating areas with shelters and one without; o Soft landscape planting; o Construction of play equipment and new hard/soft play surfacing; o Installation of play boulders; o Work to walls and steps and internal paths.
Marine Garden 5:
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o New ramp access to north and south ends; o Soft landscape planting including rain garden; o Construction of benches of Manx Stone; o Construction of sculptural skate boarding ramp; o Works to paths and hard surfacing.
Queens Garden: o Soft landscaping of trees and herbaceous planting; o Formation of grassed mounds for play; o Alterations to hardsurface paths and routes; o Construction of raised deck seating; o Construction of seating of Manx Stoner and concrete copings, some with pergola style shelters; o Public shower o Boulders and walls for climbing; o Installation of water play feature
3.0 PLANNING POLICY
3.1 The site lies within an area designated as Public Open Space under the Area Plan for the East and as a Principal Traffic Route under the Douglas Local Plan Order 1998. The site is within the Douglas Promenade Conservation Area and is at a high risk of flooding from tidal sources.
3.2 In terms of flooding and coastal defence works the following policies are pertinent: Environment Policy 10 - requires the submission of a flood risk report with applications for development on sites at risk of flooding. Environment Policy 11 - indicates that they will only be permitted where they do not increase or transfer the risk of flooding, prejudice the capacity of the coast to form a natural sea defence or increase the need for additional coast protection works except where necessary to protect existing investment or development. Supporting paragraph 7.11.1 requires potential environmental effects of new coastal defence work to be taken into account and that such development does not increase or transfer the risk of flooding elsewhere; and Environment Policy 12 - indicates that new coastal defence works must not have an unacceptable impact on the character, appearance, ecology, archaeology or natural processes of the coastal environment.
3.3 There are a number of policies which are relevant to Conservation Areas: Strategic Policy 4 - indicates proposals must protected or enhance Conservation Areas; Environment Policy 35 - indicates that within Conservation Areas, the Department will only permit development that would preserve or enhance the character and ensure that the special features contributing to the character and quality are protected against inappropriate development; and
3.4 General Policy 2 of the Strategic Plan is considered applicable, which 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: (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; (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;
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(h) 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; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them;
3.5 Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area."
4.0 OTHER MATERIAL CONSIDERATIONS
4.1 Section 143 of the Equality Act (2017) places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations.
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".
5.0 PLANNING HISTORY
5.1 The following previous planning applications are considered relevant in the determination of the proposed planning application:
5.2 Approval in principle for the erection of male/female and disabled toilet block, Queens Promenade, Douglas - 97/01542/A - APPROVED
5.3 Erection of replacement public toilets, Queens Promenade, Douglas - 98/00937/B - REFUSED
5.4 Erection of building containing public conveniences to replace derelict underground toilet facilities, Marathon Terrace, Queens Promenade - 17/00942/B - Permitted
6.0 REPRESENTATIONS
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Douglas City Council - No objection
DOI Highway Services - Highway Services HDC have reviewed the planning application 25/90144/B details and can comment as follows: On the easternmost Gardens, the seating structures cannot overhang onto the publicly adopted walkway due to maintenance and safety reasons - the seating structures should be positioned solely within the Garden area red-line boundary. If not already, the organisation Sight Matters should be consulted on the proposals for their views in relation to accessibility/inclusion considerations. The Applicant should address the above issues before HDC will not oppose the application.
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Registered Building Officer - No objection:
This application proposes various alterations to two distinct portions of public recreation space on the seaward side of Douglas Promenades, both within the conservation area.
Firstly, the application proposes landscaping and infrastructure works to no.4 and no.5 Marine Gardens on Loch Promenade (often referred to as the Sunken Gardens). The gardens were created as part of extension works to Loch Promenade in the 1930s. The presence of the landscaped sunken gardens is a key element of the character of this portion of the conservation area. Whilst the works proposed would include level changes to provide access ramps and some alterations to the pathway layouts and areas of planting, I judge that the overall character of the two Marine Gardens, as public gardens at a lower level sitting between the roadway and the sea wall, would be preserved.
The second portion of work is proposed to Queen's Gardens, on Queen's Promenade towards the northern end of the conservation area. These gardens are currently open, with no boundary wall or landscaping, and are generally grassed with a number of palm trees midway between the roadway and seaward walkway. The application proposes to generally retain the open nature of the gardens, although numerous raised landscaping mounds are proposed as well as large boulders. There would also be two areas of decking with a raised seating platform within one of these areas. Finally, the benches on the seaward side of the gardens would have pergolas of some parts. These pergolas appear to be intended to provide shelter to the benches, which is odd given that the usual purpose of a pergola is to provide shade, and no protection from rain or wind. Although I judge the pergolas to be an element that will not serve their intended purpose, overall I consider the character of the gardens as public green space softening the area between the roadway and the seaward walkway to be preserved.
6.2 3 number of representations have been received from 2 members of the public, objecting to the proposals, the reasons for which can be summarised as follows: o To raise the existing area by 2 feet will make it difficult to walk on and the play area for children is not necessary as we are mainly apartment owners with no young children. please consider keeping the ground level as existing.
6.3 Matters raised in objections that are not material to the consideration of the application: o Proposal represents a waste of tax payers money; o References to Douglas City Council meeting minutes regarding the public consultation, design and financing of the project; o Timing of the submission in relation to upcoming elections.
7.0 ASSESSMENT
7.1 The key considerations in the determination of this planning application are the principle of developing the site, and second are the potential visual impacts upon the Conservation Area.
PRINIPLE OF DEVELOPMENT
7.2 The three areas subject of the application all fall within land Zoned as being Public Open Space within the Area Plan for the East. Strategic Plan Policy 2 is therefore relevant to the determination of the application.
7.3 Recreation Policy 2 seeks to protect recreational and public open space from loss and degradation. The proposals themselves do not represent any loss of public open space, although it is noted that certain areas will become less accessible to those with more limited mobility, such as the grassed play mounds being proposed.
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7.4 At present both Marine Gardens and Queens Garden have limited public benefit and are used relatively informally, although part of Marine Garden 4 is not currently accessible and is closed off, whilst the kiosk remains without an active use.
7.5 It is considered that the proposed development will deliver an overall enhancement to the existing quality of the areas of public open space, making them more attractive to members of the community and visitors to the town. It is clear that the construction of new play equipment and general restoration of Marine Gardens 4 and 5 following the removal of that damaged in the 2021 storm will benefit young people greatly, as will the new areas of landscaping and open space for general play and recreational use.
7.6 Benefits to the wider public are also obvious to see, with enhanced hard and soft landscaping proposals making the gardens more accessible and offering pleasant and green walking routes through and around the POS. Areas for resting and socialising along the Promenade will also be increased significantly, benefitting all members of the public and visitors alike.
7.7 The development represents a policy compliant improvement plan for the application site, which will complement and enhance the provision of play and public open spaces in the town. The development therefore complies with Recreation Policy 2 and General Policy 2 of the Strategic Plan.
IMPACTS UPON THE CONSERVATION AREA
7.8 When considering any development within a Conservation Area the Department has a duty to determine whether such proposals are in keeping with not only individual buildings, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. The Douglas Promenades CA encompasses a wide range of historic features including a long sweep of frontage properties, incorporating Registered Buildings, the war Memorial and the Sunken Gardens, as well as the wide Promenade walkway itself with the adjacent horse tram service. These features contribute to the long-established character and appearance of the CA, which strongly resonates a seaside resort within the immediate setting of Douglas Bay.
7.9 Regarding those works to Marine Gardens 4 and 5, it is pertinent to note that a key element of the contribution made to the character and appearance of the Conservation Area is the sunken nature of the gardens, set between the sea wall and main highway along the promenade. The gardens are enclosed by stone walling and have element of soft landscaping. That said, the appearance of both areas is somewhat dated and tired and rejuvenating the gardens, which will include a high degree of hard and soft landscaping, will bring about increased use by the public which is a key part of their heritage value.
7.10 The proposals include the provision of new access ramps to the sunken gardens, which will provide betterment for those individuals with restricted mobility and parents with push chairs etc. as the ramps will become Building Regulation and DDA compliant, which they currently fail to achieve.
7.11 The proposed play equipment has been carefully selected to deliver a range of activities, including climbing structures, a slide and general play area. The new structures will be constructed from timber, and have a general nautical style theme. The overall height and massing of the new built play equipment is limited and is not considered to represent an unsightly or dominant features within the Conservation Area. The overall design, scale and
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finished appearance of the play equipment, seating, shelters etc. are considered to be acceptable.
7.12 Regarding alterations to the paths within the Gardens, it is noted that materials have been chosen for their sustainability, historic characteristics or selected for their durability. It is pleasing to see that existing historic features such as the walls, steps and kiosk shelter pillars will be retained.
7.13 Having regard to the landscaping works to Queens Garden, these are considered to give rise to a lesser visual impact upon the character and appearance of the Conservation Area than the works to marine Gardens 4 and 5. The Gardens will remain open although some landscaped mounds will be introduced and ground levels will be altered slightly, the latter of which has raised objection from a member of the public. The proposed skateboarding feature will create a space that is more useable and like the play equipment, will draw people to the area increasing its usage and by association people's enjoyment of the Conservation Area. The provision of raised seating areas, benches and pergolas to deliver sub protection are positive improvements to this area of the Open Space, which is otherwise lacking in such facilities.
7.14 The design and finish is considered to be of a high quality and the size and massing would also help the built form fit within the area. Whilst the proposal would increase the level of built development on the site, it is considered the design, scale and siting would be appropriate and would not have a detrimental impact upon the visual amenities of the Conservation Area. The key elements of public use and providing a soft break between the main road and sea wall/beach will be preserved and the character and appearance of the Conservation Area will be preserved. The proposal therefore complies with Environment Policy 35 and General Policy 2 of the Strategic Plan.
OTHER MATTERS
7.15 Highways have commented that the proposed seating structures will overhang the public walkway and that for safety and maintenance reasons they should be solely within the red line area. From inspecting the drawings, all structures appear to be within the red line other than three pergolas at the Queens Garden site, the height of any structures is set at 2.65m and is such that people can walk clearly below and into them off the walkway. It is understood that concern over maintenance of the promenade walkway may be an issue for street cleaning, particularly for clearing up debris after storms. In order to resolve this issue, a condition is proposed requiring any seating shelter at Queens Garden to have its siting and detailed design agreed prior to construction. The application does not include the detailed design of the shelter and so this is both reasonable and proportionate whilst also allowing the Department to ensure that the structures are contained in the site and do not overhang the walkway.
7.16 Concern has been raised by an objector regarding the raising of ground levels and impacting upon accessibility to the area. As set out earlier in the report, the proposals make an overall improvement to public and disability access with improved ramps and path ways being provided.
7.17 The same objector states that as no children live in their area the play equipment is not required. This is beside the point and clearly there is wider public benefit for those in the wider area and visitors who will have children that will use the play equipment and open space.
7.18 The proposals incorporate a high level of new soft landscaping which will enhance the biodiversity value of the application site and benefit ecology overall.
7.19 The site is located in a high flood risk area, but the proposals themselves will not give rise to any increased risk of flooding off site, with there being no significant increase in
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impermeable surfacing. Flood risk is not considered to be a reason for resisting the development in this instance, particularly given the existing use of the site.
8.0 CONCLUSION
8.1 The application proposes the redevelopment of Marine Gardens 4 and 5 and Queen's Garden, which are areas of public open space located along the Promenade on Douglas sea front.
8.2 The proposals will deliver clear public benefits by providing enhanced play and open space for the community and will improve the quality of the public realm within this part of the Promenade.
8.3 The design, scale and finish of the proposed play area, public spaces, hard surfacing and associated infrastructure, including the skate park and seating areas, is well designed and will make a positive contribution to the character and appearance of the area. The design and visual appearance of the proposals will maintain, if not enhance the character and appearance of the Conservation Area.
8.4 The proposals are considered to comply with Environment Policy 35 and General Policy 2 of the Strategic Plan and it is recommended that planning permission be granted.
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.
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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
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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: 08.07.2025
Determining officer
Signed : A MORGAN Abigail Morgan
Principal Planner
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