DEC Officer Report

Application No.: 21/01360/B Applicant: Douglas Borough Council Proposal: Alterations including creation of new access and infill of an existing access to wall Site Address: 1 Marine Garden Loch Promenade Douglas Isle Of Man Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.03.2022 _________________________________________________________________

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. This application is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan.

Plans/Drawings/Information;

This approval relates to the documents, photos and drawing no. 1A, 2A, 3A, 4A ,5A as having been received on 12th November 2021.

_______________________________________________________________ Interested Person Status – Additional Persons

DOI (Flood Risk) should be afforded IPS as they have commented on material planning issues. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of 1 Marine Garden, Loch Promenade, part of a sunken garden located on the south end of the Promenade, between the road and the walkway. It is not a part of adopted highways.

2.0 THE PROPOSAL - 2.1 The proposed is blocking up an existing entrance and creating a new entrance on the boundary wall, creation of a footpath, forming of new plant beds and the use of the freed-up space as a seating area for the Jubilee Kiosk.

3.0 PLANNING HISTORY - 3.1 Conversion of existing building for use as (Class 1.1 and Class 1.3) and enclosure of structure to provide in door seating was APPROVED under PA 20/00073/B. This 2020 application is approx. 470m north of the current application location but both are a part of the sunken garden. The 2020 application also includes the conversion of seating from previous public accessible space to customer only enclosures.

4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Mixed Use (The Promenade) in the Area Plan for the East. - 4.2 Section 6.7 of the Statement defines the public realm as: "publicly accessible areas between buildings; the streets, paths, squares and parks that people use and move through on a day-to-day basis." - 4.3 Paragraph 6.7.2 states: New and redeveloped elements of the public realm must be designed to reinforce or complement the distinctive character of the local area and to ensure that they are attractive, safe, accessible and well connected to their surroundings. - 4.4 Urban Environment Proposal 2 states: "All new development and regeneration proposals within the Comprehensive Treatment Areas and Douglas Town Centre must demonstrate design elements to provide and enhance areas of the public realm through sensitive and context-specific design." Planning Constraints - 4.5 The site is within the Douglas Promenade Conservation Area. - 4.6 The site is within a high-risk area for tidal flooding. Strategic Policy - 4.7 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 - 4.8 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."

4.9 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require

• planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
• 4.10 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;
• (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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."

Visual Design

4.11 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which 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." This is reiterated in CA/2 of the PPS 1/01. Business - 4.12 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." Parking - 4.13 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 4.14 Appendix 7.6 states that for town centre shops, there should be space for service vehicle use. - 4.15 For Assembly and leisure use, there should be one space for every 15 square metres of gross floor space. Others - 4.16 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes." PPS and NPD - 4.17 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.

5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 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". - 5.2 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. Other Material Considerations - 5.3 The Douglas Promenade Conservation Area Character Appraisal states that "The gardens, enjoyed by visitors and local residents alike, have become a distinctive part of the Loch Promenade frontage and throughout their lifetime have won awards for the quality of their landscaping." - 5.4 The site is not overlapping with any adopted highway (jurisdiction falls within planning legislation).

6.0 REPRESENTATION - 6.1 Douglas Borough Council has not commented at the time of the report (03.03.2022). - 6.2 DoI Highway Services does not object to this application (09.12.2021). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking. - 6.3 DoI Flood Risk Management Division does not oppose this application (30.11.2021). - 6.4 DEFA Inland Fisheries has no objection to this application (06.12.2021).

7.0 ASSESSMENT Conservation Area Statutory Test - 7.1 The sunken garden is a key element in defining the Promenade. The proposed would alter the appearance of the southern part of the sunken garden. However, the changes are mainly to the layout of the garden to provide an enlarged seating area. The proposal is also at the southern end of the garden, whether with or without the temporary seating, it will not impact the character of the garden as a whole. Therefore, it is considered to have no negative impact on the character of the area and pass the test. Elements of Assessment - 7.2 The key considerations in the determination of the application are the principle of development, its impact on the character and appearance of the conservation area, on parking provision and on public amenities. Principle of the Development - 7.3 The area is designated for mixed use. The sunken garden is an important part of the public domain but the proposal is for the benefit of a private establishment. Although seems contrary to the definition of "public", the sunken garden lacks sufficient provision for a refreshment establishment at the moment and the proposal helps expand the serving ability of an existing business at the garden and this is considered to benefit the public for better enjoyment of the garden. Therefore, it is considered that the proposed use is principally acceptable. Character and Appearance of the Conservation Area - 7.4 As mentioned in 7.1, it is considered that the proposal would not have a negative impact the character and appearance of the Conservation Area.

• Parking Provision
• 7.5 The site is located within a town centre location and there are spaces available along the promenade for the use of service vehicles. Therefore, it is considered that the impact on parking provision is acceptable. Public Amenities
• 7.6 As mentioned in 7.3, and according to Section 6.7 of the written statement of the Area Plan, the garden is a part of the public realm. Although the placement of tables and chairs combined with the occupation of patrons of the establishment would diminish the sense of public usage, this is only a small section of the garden and the service is desired by the public. Therefore, it is considered to enhance an existing attractive part of the public realm, which is supported by Urban Environment Proposal 2 of the Area Plan.

8.0 CONCLUSION - 8.1 The proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan. Therefore, it is recommended for an approval.

9.0 INTEREST PERSON STATUS - 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land which the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision-maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

9.3 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 Interested Person Status.

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 that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 24.03.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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