Dept Decision and Inspector's Report

Cabinet Office

CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected]

CHIEF SECRETARY Will Greenhow ACMA

Our Reference: DF14/0020

Planning Secretary Department Of Infrastructure Planning And Building Control Division Murray House Mount Havelock Douglas

Dear Sir/Madam,

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013

PA Ref: 14/00465/B Applicant: Department Of Infrastructure Proposal: Erection of a collapsible security pole Address: Corner Of Millennium Bridge And South Quay DouglasIsle Of Man

I refer to the abovementioned planning application.

In accordance with the Article 9 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

On 26th June 2014 the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the condition(s) specified below.

1. The development hereby approved shall be begun before the expiry of four years from the date of this decision.

1. The development hereby approved shall not be carried out except in accordance with the following drawings, plans and documents:

The location plan and site plan referenced "100"; the plan showing the collapsible post detail referenced "101" and the technical details carrying no reference but with the title "AW1697" Cabinet Columns and ACC Telescopic Columns Technical Specification" (listed at paragraph 3.3 of the Planning Authority's Appeal Report).

In accordance with article 10(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance)

The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting http://www.gov.im/categories/planning-and-building-control/planning-development-control/department-applications/departmental-applications-decisions/ or by contacting the office of the Chief Secretary for a hardcopy (Tel 685204).

Yours faithfully,

A Johnstone Planning Appeals Administrator

Report on Planning Application

Written Representation Case: Site Inspection held on 9 June 2014 Application by: The Ports Division of the Department of Infrastructure for The erection of a collapsible security post with closed-circuit television camera atop, at Millenium Bridge, South Quay, Douglas, Isle of Man

Introduction

1. Because the application relates to land in which the Department of Infrastructure has a vested interest, it falls to be determined by the Council of Ministers under the provisions of 10(1)(b) of The Town and Country Planning (Development Procedure) (No 2) Order 2013.
2. This report provides brief descriptions of the application site, its surroundings and the proposal; background information and relevant policy and a summary of the written statement and comments by the Planning Authority. My assessment, conclusions and recommendation then follow.
3. The statement (on file) submitted on behalf of the Planning and Building Control Division (Department of Infrastructure) sets out the background to the application and identifies what are considered to be the relevant planning considerations.

Site and surroundings

1. The application site is on land at the south east end of the Millennium Bridge adjacent to the roundabout and South Quay. It lies adjacent to the footway around this corner but is on Harbour land. The Millennium Swing Bridge is one of the prime highway routes connecting South Quay with the centre of Douglas. The site lies on the Harbour side of the railings around this part of the South Quay and is approximately 750 mm lower than the road level. At the time of my visit the site was being used for the storage of metal components which are presumably something to do with the Harbour/Port activities.

Proposed Development

1. The proposed development is the erection of a 12 m high, collapsible, security post which would hold the CCTV camera. The security post would be set into a small concrete ducted foundation about 6 m in from the kerb edge. At its base there would be a metal, lockable cabinet with padlocks to the tilting mechanism. The 12 m column would be telescopic and the length, when in the collapsed position, would be 4.5 m plus any camera attachment. The basic details are shown on drawing No HB3142 101 dated.01/04/2014 and the technical specification is set out in the A4 document entitled AW1697 Cabinet Columns and ACC Telescopic Columns.

Background information and relevant policy

1. The application site has not been the subject of any previous applications that are considered to be of material relevance to this proposal.

1. Some permitted development rights exist in respect of telecommunications equipment and also within the Douglas Outer Harbour. However, the Planning Authority indicates that it is not considered that this proposal falls into any of the types of development specifically mentioned in the Schedules to the relevant Orders. Planning approval is therefore required.
2. The application site is within an area zoned under the Douglas Local Plan Order 1998 as 'Harbour Area'. The adjacent zoning which includes the Millennium Bridge and land to the west is designated 'Inner Harbour'. The land to the south is designated 'Residential'.
3. General Policy 2 (GP2) of the Isle of Man Strategic Plan (IOMSP) is relevant and indicates that development which is in accordance with the land use zoning and in accordance with other policies in the IOMSP will normally be permitted subject to certain criteria. In this case the Planning Authority lists criteria (b), (c), (d), (e), (g) (i) and (m) as being relevant. Transport Policies 13 and 14 (TP13 and TP14) are also relevant. TP13 seeks to ensure that development around the Harbour does not compromise its ability for other users or be detrimental to its character and appearance. TP14 requires that any proposal which is likely to compromise ecology and/or archaeology of a harbour is accompanied by an Environmental Impact Assessment (EIA).

Planning Authority Statement including representations by others

1. The gist of the points made is as follows:

• The considerations relate to the visual impact of the proposal and to its effect on highway safety.
• Although high, the pole would be relatively unobtrusive in the street scene.
• When extended it would be similar in appearance to a street lighting pole.
• It is not considered that any occupants in the higher residential land to the south would be detrimentally affected.
• It is not considered that a condition, requiring the pole to be kept in its lowered position when not operative, is necessary.
• Highway Services section do not object and refer to the reasonable presumption that the pole would be kept in its collapsed state when not in use and that it would not project at any time into the highway.
• The proposal would not affect views of the sea.
• The Transport Policies of the IOMSP are not considered to be materially relevant and there are no issues with regard to character or appearance.
• There would be no adverse ecological impact.
• The removal of the stored components would be a visual benefit.
• It is considered that the application be approved subject to the standard timescale condition only but the decision notice should refer to the submitted drawings set out in paragraph 3.3 of the Authority's statement.

Assessment and conclusions

1. The main issues are: firstly the effect that the proposal would have on the character and appearance of this part of Douglas and, secondly, the effect of the proposal on highway safety.
2. Having viewed the site from both near and distant viewpoints and from both sides of the Harbour, I can see no reason why the approval ought not to be granted. As indicated by the Planning Authority in its upright position at 12 m high it would be no more obtrusive than another street light. When not in use it is likely to be kept in its lowered position but even if fixed permanently in its upright position I consider that it would be visually acceptable.

1. In my view it would respect the site and surroundings in terms of form, scale, character and appearance; it would not adversely affect the wider character of the townscape; it would not impact on wildlife other than giving seagulls and/or other birds another prominent perch; it certainly would not block views to the sea; it would hardly be noticeable to nearby residents; it would not impact on any private amenity and it would be acceptable in terms of highway and pedestrian safety. I consider therefore, that it would accord with all of the relevant criteria set out in Policy GP2 (see above).

1. With regard to Policies TP13, I do not consider that the pole and camera would compromise other users of the Harbour and I have already indicated above that the character and appearance of this part of Douglas would not be detrimentally affected. Similarly I consider that the proposal accords with Policy TP13 in that it is unlikely to compromise the ecology or the archaeology of the Harbour. Therefore, an EIA is not required and there are no other obstacles in my view to withhold approval for the proposal as submitted.

1. I consider, therefore, that approval should be granted. The decision notice should make reference to the following drawings, plans and documents: the location plan and site plan referenced '100'; the plan showing the collapsible post detail referenced '101' and the technical details carrying no reference but with the title 'AW1697 Cabinet Columns & ACC Telescopic Columns Technical Specification'. These are listed at paragraph 3.3 of the Planning Authority's Appeal Report.

Recommendation.

1. I recommend that planning approval be granted for the erection of a collapsible security post with closed-circuit television camera atop at Millenium Bridge, South Quay, Douglas, Isle of Man subject to the following condition:

1. The development hereby approved shall be begun before the expiry of four years from the date of this decision.

Anthony J Wharton

Anthony J Wharton BArch RIBA RIAS MRTPI

Inspector