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22/00909/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00909/B Applicant : Mr Jeremy Reece Proposal : Installation tubular mono-pile into the seabed with associated footbridge access from the pier Site Address : King Edward Viii Pier Douglas Harbour Douglas Isle Of Man
Planning Officer: Mr Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.09.2022 __
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. Should at any point works required to carry out the development hereby approved be undertaken by vessels travelling from outside of Manx territorial waters, a Marine Biosecurity Plan must be produced and submitted for approval by the Department of Infrastructure prior to the arrival of such vessels within Manx territorial waters and works commencing. The details contained therein of the Marine Biosecurity Plan shall be followed and implemented in full.
Reason: In order to safeguard the Island's biodiversity and prevent the importation of invasive non-native species which may be attached to vessels being transferred to the Island. This condition would not apply to the use of Manx based and operated vessels due to their lower risk.
C 3. Should the timing and methodology of the proposed works deviate from those previously consulted on by the Department of Environment, Food and Agriculture (DEFA), the applicant shall inform DEFA as soon as practical, and seek reconfirmation from DEFA that identified environmental-impact considerations are the same as those originally advised.
Reason: In the interests of proper planning and to ensure biodiversity assets are duly safeguarded.
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This application has been recommended for approval for the following reason. The proposed development is acceptable in principle and a key part of the Government's objective to upgrade Douglas Harbour to accommodate larger vessels, which in turn has the potential to significantly boost the Island's tourism and economic development, without detriment to the visual amenities of the locality or giving rise to substantive ecological concerns. The development is therefore in compliance with Spatial Policies 1 and 6, General Policy 2, Environment Policy 42 and Transport Policy 13 of the Strategic Plan (2016), together with meeting one of the key objectives of the Area Plan for the East (2020).
Plans/Drawings/Information; This approval relates to drawings referenced; DOU-RHD-B5-OP-DR-C-1500 P01, DOU-RHD-B5- OP-DR-C-1501P01 & DOU-RHD-B5-OP-DR-C-1503 P01, all received on 20.07.22. __
Interested Person Status - Additional Persons
None. __
Officer’s Report
1.0 THE SITE 1.1 The application site comprises a small square shaped area to the immediate east (approx. 10m) off the far end of King Edward VIII Pier, Douglas Harbour.
2.0 THE PROPOSAL 2.1 Planning permission is sought for the installation of a tubular mono-pile into the seabed, 10m to the east (seaward) of the Pier end. The mono-pile will form a mooring platform with a mooring bollard mounted centrally. A footbridge will also be installed for access to the mooring platform from the Pier. Whilst additional works are proposed on the Pier itself, these do not form part of the application as the Pier falls within the defined Douglas Outer Harbour, to which such works have already been granted consent by virtue of Schedule 1 of the Town and Country Planning (Permitted Development) (Government Owned Land) Order 2012.
2.2 While the total depth of the mono-pile will be approximately 35.5m, only the initial 9.5m will be visible above the water level which will connect to the steelwork deck and walkway.
3.0 PLANNING HISTORY 3.1 08/00564/B - Erection of a passenger holding area in association with Cruise Tender Pontoon Berth. Approved.
3.2 07/00237/B - Creation of a Cruise Ship tender pontoon berth. Refused.
4.0 PLANNING POLICY 4.1 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 1 Efficient use of land and resources 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 5 Design and visual impact
Spatial Policy 1 Priority to Douglas for development
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6 Protection and enhancement of principal gateways to the Island
General Policy 2 General Development Considerations
Environment Policy 6 Protection of species and habitats 10 Flood risk 11 Coastal development 29 Development within consultation zones 42 Designed to respect the character and identity of the locality
Transport Policy 13 Development in harbours
4.2 Area Plan for the East (2020) One of the key objectives of the Area Plan is to support and implement the National Infrastructure Strategy (2017) and the Harbours Strategy (2018), both of which are also material considerations in the determination of this application. The site forms part of the Maritime Gateway Mixed Use Area, with the corresponding proposal in the Area Plan stating that there will be a presumption in favour of improvement of and development proposals for port and harbour purposes.
There is a commitment in the Programme for Government to "Prepare a Harbours Maritime Strategy for the Island to include the exploration of the feasibility for a deep water berth and the ability to bring forward a non-tidal marine by end 2026". This report will consider each of the Island's harbours in terms of their constraints and opportunities / aspirations which could be realised at each harbour in the future. In terms of Douglas this will also consider the future infrastructure to ensure it remains fully operational. This may require a significant level of investment in the future.
4.4 Harbours Strategy (2018) Part of the Department of Infrastructure's strategy for Douglas Harbour includes an upgraded berth for the King Edward VIII Pier to accommodate maximum sized RoRo vessels, including the MV Manxman currently under construction, to serve the passenger route to Heysham/Liverpool.
4.5 Schedule 1 of the Town and Country Planning (Permitted Development) (Government Owned Land) Order 2012, relating to Douglas Outer Harbour, is also of relevance and material with respect to the determination of this application.
5.0 REPRESENTATIONS
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5.1 Douglas Corporation - no response received at the time of writing the report.
5.2 Manx Utilities Authority - no response received at the time of writing the report.
5.3 Flood Management Division - Do not oppose (15.08.22).
5.4 Health and Safety Directorate - Quest that prior to the commencement of the project, consultation must be made with Manx Gas Limited and Manx Petroleum Limited to ensure that works within Douglas harbour do not adversely affect the safe operations of either of the fuel storage terminals on Battery Pier and Princess Alexander Pier (09.08.22).
5.5 DEFA Fisheries Directorate and Ecosystem Policy Team - No objection, subject to conditions (24.08.22).
5.6 Highways Services - consider that development will have no significant negative impact upon highway safety, network functionality and /or parking (29.07.22).
6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are as follows:
6.2 PRINCIPLE 6.2.1 The site forms part of Douglas Harbour, a principal gateway to the Island, which will be protected and enhanced in accordance with Spatial Policy 6. The development of Douglas Outer Harbour to accommodate larger replacement ferries is supported by the 'Harbours' section (para. 11.7.1) of the Strategic Plan (2016), with further support provided by Mixed Use Proposal 6 of the Area Plan for the East (2020), which encompasses Douglas Harbour.
6.2.2 The proposed works are required to facilitate an enlarged berth at King Edward VIII Pier to accommodate larger vessels, including the newly commissioned MV Manxman to serve the Heysham/Liverpool line. The development gains support from the National Infrastructure Strategy (2017) and the Harbours Strategy (2018), and is seen by the Government and in particular the Department of Infrastructure as a key driver in boosting tourism and economic development for the Island. The principle of development is therefore considered to be acceptable.
6.3 DESIGN AND VISUAL IMPACT 6.3.1 The level of built development above the water line would be read within the context of the existing pier and wider harbour operations, whilst being noted as essential to the continued functionality of the pier moving forward to accommodate larger vessels. The proposals are not considered to result in an adverse visual impact upon the site's wider setting, with the pier already largely screened from wider views out to sea from Victoria Pier. The development is therefore acceptable from a design and visual impact perspective, in compliance with General Policy 2 and Environment Policy 42.
6.4 ECOLOGY AND BIODIVERSITY 6.4.1 No objections have been raised by DEFA Fisheries and the Ecosystem Policy Team, but note that should vessels from outside Manx territorial waters be engaged to undertake the works, there is the potential for invasive non-native species to become attached to vessels and transfer to the Island. Therefore, it has been requested that a marine biosecurity plan be produced and submitted to the Department for approval should external (non-Manx) vessels be engaged as part of the works.
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6.4.2 Likewise, whilst the timing and methodology of the works has already been reviewed and accepted by the Department, it has been further requested that an amended project schedule/timing of works be submitted to and approved by the Department should there be any forthcoming changes to those previously agreed.
6.4.3 Both of the above matters can be adequately secured via conditions.
6.5 OTHER MATTERS 6.5.1 The site falls within the Inner Zone of a hazardous goods consultation zone and therefore any works that are to be carried out require careful consideration. The Department of Infrastructure (DOI) has confirmed that consultation has been made with Manx Gas and Manx Petroleum to ensure that works within Douglas harbour would not adversely affect the safe operations of either of the fuel storage terminals on Battery Pier and Princess Alexander Pier. Following consultation, Manx Gas requested that hot works are suspended for 10 hours whilst their vessel discharges which is currently anticipated to take place twice per year. Manx Gas will provide 4 weeks' notice of a delivery, which may be subject to some short notice alteration if the ship is delayed. The DOI has confirmed they will make provision for the contractor to suspend hot works for 2 shifts during the construction period.
6.5.1 No objections have been raised by the Flood Management Division, and indeed noted that the works amount to flood compatible construction.
7.0 CONCLUSION 7.1 The proposed development is acceptable in principle and a key part of the Government's objective to upgrade Douglas Harbour to accommodate larger vessels, which in turn has the potential to significantly boost the Island's tourism and economic development, without detriment to the visual amenities of the locality or giving rise to substantive ecological concerns. The development is therefore in compliance with Spatial Policies 1 and 6, General Policy 2, Environment Policy 42 and Transport Policy 13 of the Strategic Plan (2016), together with meeting one of the key objectives of the Area Plan for the East (2020).
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
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decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 30.09.2022
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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