71493

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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/00312/B Applicant : Douglas Borough Council Proposal : Replace existing grassed areas with resin and integrated lights and the installation of a timber framed bin store. Site Address : East Of 3 James Street James Street Douglas Isle Of Man IM1 2DB

Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 16.09.2022 __

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.

C 2. Prior to the commencement of the development hereby approved, an Arboricultural Method Statement shall be submitted to, and approved in writing by, the Department. This must include, but is not limited to, details of;

a) The working methods that are to be employed by the appointed contractor within the Root Protection Areas (RPAs) to prevent damage to retained trees. b) Details of the methods of installation of all hard surfacing within the RPAs, including scaled cross sectional drawings where appropriate, and how the appointed contractor will ensure they prevent damage to retained trees. c) Details of the method of installation of the electrical lighting system within the RPAs and how the appointed contractor will ensure they prevent damage to retained trees.

The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

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Reason: To ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interest of the visual appearance and character of the site and locality.

C 3. Prior to the commencement of the development hereby approved, an Arboricultural Monitoring Schedule shall be submitted to, and approved in writing by, the Department. This must include, but is not limited to, details of;

a) A suitably qualified Arboricultural Clerk of Works (ACoW) to oversee the project from commencement to completion. b) A schedule containing details of key sensitive times/operations where the ACoW must be present to ensure the retained trees are afforded the maximum level of protection via the agreed working methods. c) How this schedule will be recorded and submitted to the Department.

The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

Reason: To ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interesting of protecting and enhancing the appearance and character of the site and locality.

C 4. The surface material hereby approved to surround the trees must be installed in 'Addastone TP' material in a grey colour as detailed on drawing number E&R.21.071.1003 Issue A and retained as such there after.

Reason: The application has been assessed on this basis and in the interest of protecting the trees.

This application has been recommended for approval for the following reason. Although the proposal results in a cumulative loss of soft landscaping, this impact has been considered on a very fine balance to be marginally outweighed by the creation of the dedicated bin store. The sites visual contribution to this part of the Conservation Area will be no worse off and the wider character and appearance preserved within the bounds Environment Policy 35. The application is to be approved subject to those conditions relating to the trees to ensure their suitable protection.

Plans/Drawings/Information;

This approval relates to the following documents: o E&R.21.071.1001 Issue A o E&R.21.071.1002 Issue A o E&R.21.071.1003 Issue A o Supporting Letter o Supporting Photographs All date received 24.03.2022

And the following documents: o Email from the applicant date received 18.05.2022 o Email and Supporting Letter from the applicant both date received 06.07.2022 __

Interested Person Status - Additional Persons None __

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Officer’s Report

1.0 SITE 1.1 The site comprises a small nook area behind The British Public House and Market Hall in Douglas and at the end turning circle of James Street. The area forms part of 'snicket' routes through to The Quay, Market Hill and Lord Street and there is access to a back lane serving business facing the quay an social housing along James Street.

1.2 There are two mature trees sitting within a small grassed ground area (although the grass is limited and mostly soft earth) there are linking footpaths running around the trees. Towards the back lane is another area of 'grass' where there is a palm bush and a large shrub. Strewn throughout this area are a number of commercial and domestic wheelie bins used by those properties and business in the immediate area.

1.3 The roadway has recently been resurfaced in tarmac.

2.0 PROPOSAL 2.1 Proposed is the removal of the rear grasses area and the creation of a timber enclosed bin store. The proposal also includes the hard surfacing over of the grassed area surrounding the trees in 'addistone TP'. The existing footpath will be retained and any other soft ground area tarmacked over.

2.2 Three ground lights are to be installed around the two trees to illuminate them, and ground lighting will be installed to illuminate the end gable of No.3 James Street.

3.0 PLANNING HISTORY 3.1 There have been a number of regeneration works throughout Douglas over recent years, the most recent and in the immediate area considered material here is PA 18/00889/B which was approved for areas in and around Market Hill in 2018.

4.0 PLANNING POLICY 4.1 The site sits within the Mixed Use Area of The Quayside in the Area Plan for the East (TAPE) and also within the North Quay Conservation Area. Paragraph 9.10.10 of TAPE indicates the regeneration works in the quayside area in enhancing it as a destination for people visiting bars and restaurants. Appendix 2 also indicates that "8. Every available opportunity should be taken to open up existing and proposed linkages between the central core shopping area and Waterfront (Promenades and the Douglas Quayside)."

4.2 In terms of Strategic Plan policy the general standards towards acceptable development as set out in General Policy 2 are relevant in considering the visual and amenity impacts on the development along with highway safety. Although not physically changing the footpaths or highways here, the wider needs of pedestrian traffic and highway network improvements set out in Transport Policies 5 and 6 should also be taken into consideration particularly in creating an environment which is safe to navigate and which promotes good social behaviours and reduces criminal activity.

4.3 Section 18 of The Act and Environment Policy 35 also require that any development within a Conservation Area must either preserve or enhance the character and appearance of that area.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Douglas Borough Council - no objection (08/04/2022).

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5.2 DOI Highway Services - do not oppose. Remind the applicant that separate highway licences might be necessary (07/04/2022).

5.3 DEFA Forestry - No objection subject to condition (20/04/2022) need to submit a Method Statement and Monitoring Schedule. 5.4 Neighbours' views - No comments received.

6.0 ASSESSMENT 6.1 The current application seeks to renovate a small area which forms part of a small public space and a thoroughfare within the town centre. While perhaps not a key route compared to some streets in the area, the site forms part of a number of small snicket and short cuts in the area and contributes to a small open space for the buildings in the area.

6.2 It is undeniable that the proposed bin store will bring about a more tidy appearance to the area by providing a dedicated and enclosed space for refuse bins and would be a positive contribution to the site and the surroundings.

6.3 Where most concern lies is in the cumulative loss of the soft landscaping features in this area. It is recognised that the two mature trees are to be retained and this helps to maintains a visual break in the built development and contributes to some bird and other habitats found in the town centre as well as some solar shading in summer months, it is the loss of the lower level shrubbery and the hard surfacing over which presents somewhat of a utilitarian and harsh sense of space. Although scattered with bins and somewhat unmaintained there is an openness and softness to the current space which is likely to be lost with the introduction of the hard surfacing and exacerbated by the area being made smaller through the new walls of the bin store.

6.4 In emails to the applicant (Douglas Borough Council) it was sought to understand the reasons why they were not re-introducing any soft landscaping or planting as part of the proposal minded that this is a fairly well used cut through and offers some open space for those living along James Street. In a response the Council indicates that the key aim "was to improve the visual impact and reduce the maintenance costs". They indicate that advice from the Council's parks team was that the area under the trees was predominantly in the shade and so not suited to any kind of formal planting or any planting that would be self-sufficient or require low maintenance. They draw attention to the fact that the Council "has taken the responsibility for the maintenance and upkeep of the tree pits and planters that have been installed as part of Department of Infrastructure's regeneration schemes within the town centre. Also the Council feels our limited resources should be more focused on areas such as the Sunken Gardens on Loch Promenade that benefit the wider community".

6.5 Applications like this can often be difficult to determine. In this case we have a situation which introduces a new and dedicated bin store considered to be acceptable, but results in the cumulative loss of soft landscaping and its replacement with hard landscaping over. The applicants target aim was to improve the visual impact and reduce maintenance costs of the area. It is agreed that the bin store will improve the visual impact, and the removal of all soft landscaping (with exception to the trees) will likely minimise maintenance costs, but is this at the detriment to general public and those utilising the space.

6.6 The proposal has potential to create a space which will likely appear harsher to those passing through and would eradicate soft ground areas and habitat likely foraged by ground birds. The inclusion of some lighting around the base of the trees and the end gable wall will add some feature to the area during the evenings, but will be of little contribution during the day. It's disappointing that the Council have not sought to integrate any kind of soft planting or shrubbery to 'lead by example' on the importance of create a sense of place and space, and

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creating a more pleasurable route to travel through even on smaller sites such as this, however on a very fine balance given the creation of the bin store helping to tidy the area it is felt that the proposal is within the bounds of acceptability so as to offer support.

7.0 CONCLUSION 7.1 Although the proposal results in a cumulative loss of soft landscaping which will be at the detriment to some of the visual amenity and softness of the area and also to the detriment of habitats and ground foraging birds in the town centre, by reason of the dedicated bin store to be created and the community benefits this is expected to offer in tidying the area, it is considered on a very fine balance, that this bin store element is just enough to outweigh the loss of the soft landscaping so as to be able to afford support to the application, and that on a whole the area which is already somewhat poor in terms of its contribution to the conservation area will be no better nor not so significantly worse as to harm the wider character and appearance in this particular case at this particular site, and thus falls within the bounds of meeting the principles of EP35 in preserving the area. The application is to be approved subject to those conditions relating to the trees to ensure their suitable protection.

8.0 INTERESTED PERSON STATUS 8.1 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 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.

8.2 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 __

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 : Permitted

Date: 20.09.2022

Determining officer Signed : J SINGLETON

Jason Singleton

Principal Planner Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.