**Document:** DEC Officer Report
**Application:** 19/00679/B — Siting of existing Captain Quilliam statue with associated base and plinth
**Decision:** Permitted
**Decision Date:** 2019-08-13
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/29483-malew-land-west-of/documents/1045914

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# DEC Officer Report

**Application No.:** 19/00679/B
**Applicant:** Manx National Heritage
**Proposal:** Siting of existing Captain Quilliam statue with associated base and plinth
**Site Address:** Land West Of Foot Bridge Castlegate Castle Street Castletown Isle Of Man
**Planning Officer:** Mr Paul Visigah
**Photo Taken:** 02.07.2019
**Site Visit:** 02.07.2019
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 12.08.2019 _________________________________________________________________

## 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

### Plans/Drawings/Information;

This approval relates to the Location plan, the Site plan (Existing), the Proposed site Plan, the Bust Elevation, the Site Sections, and Planning Statement date stamped and received 12 June 2019.

_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is a public open space in the curtilage of Land West of Foot Bridge Castlegate, Castle Street in the heart of Castletown. This site is abutted by Costa Coffee on the west, the

Castletown Marina on the north, and a Police Station on the east; separated by the highway connecting the pier to Castle Street. This square is also situated about 16 metres northeast of the Castle Rushen.

1.1 The site has a set of concrete benches and timber plant beds on various sections of the site that serve as sitting for visitors to the area and beautification for the site respectively. THE PROPOSAL - 2.1 The application is seeking planning permission to relocate the bust of Captain Quilliam, a museum object from the Speakers Garden which is within the Conservation area to the application site. This will allow Captain Quilliam views across Castletown Bay. As well, its projection above the adjacent wall will ensure it is also visible from the opposite side of the harbour.

2.2 Also proposed is the location of the plinth to the bust 1500mm from the single step to the higher level, allowing an unobstructed access route from the dropped kerb to the harbour wall and ramp. There will be no changes to the access route from the Cain Bridge to the Coffee shop as it will remain unaffected. Also, the alternative more direct route from the dropped kerb to the coffee shop will remain as currently existing.

PLANNING POLICY 3.1 The site lies within an area designated as Mixed Use on the Area Plan for the South 2013. The site also lies within the Castletown Conservation Area (designated in 1990), and as such will be the subject of Environment Policy 35 of the Isle of Man Strategic Plan 2016, as well as guidelines contained in other related policies.

3.2 Environment Policy 35 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.

3.3 Strategic Policy 1; Development should make the best use of resources by:

- (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
- (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
- (c) being located so as to utilise existing and planned infrastructure, facilities and services.

3.4 Strategic Policy 4; "Proposals for development must: a) protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National heritage Areas and sites of archaeological interest; b) protect or enhance the landscape quality and nature conservation value or urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and c) not cause or lead to unacceptable environmental pollution or disturbance".

3.4 General Policy 2: 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;

- (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;
- (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;
- (j) can be provided with all necessary services;
- (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; and

3.5 Paragraph 7.24.3 will also be considered in the assessment of the current application.

- 7.24.3 The Island enjoys a rich heritage of buildings, all of which represent the social, economic and cultural history of the Island. These physical remains of our past, which may include historic buildings, ancient monuments and archaeological sites whether in towns, villages or in the countryside sustain the distinctiveness of the Island which is so vital to the retention of its unique character and our sense of national identity. The historic environment is also a material asset that makes a positive contribution to economic prosperity for the purposes of tourism, leisure and recreation.

## PLANNING HISTORY

4.1 The application site has not been the subject of any previous planning applications, and as such there are no previous applications materially relevant to the assessment of this current planning application.

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

5.1 Department of Infrastructure (DOI) Highways Division although consulted on 25 June 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.

5.2 Manx National Heritage although consulted on 25 June 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. - 5.3 Manx Utilities Authority although consulted on 25 June 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. - 5.4 Inland Fisheries Development Manager although consulted on 25 June 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. - 5.5 Castletown Commissioners although consulted on 25 June 2019, have not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.

## ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this current planning application are the impacts of the proposed development on the character and appearance of the site and surrounding area.

6.2 From the accompanying brief provided in the application and a site visit it is evident that the monument will sit perfectly into the character of the site, since the site serves as a public open space. Also since the site is within the conservation area and in an area with historic character being situated in close proximity to Castle Rushen, as well as the sea for which Captain John Quillliam gained prominence through his heroics in the Royal Navy, the monument will serve to enhance the character of the site and surrounding area. This will in turn promote the rich heritage of the area which is well known for its attraction to tourists visiting the Island. - 6.3 It is considered that the proposal would not detract from those notable features as previously mentioned in the areas character appraisal and would not harm the character of the site or that of the street scene. Overall, it is considered that the proposed works will respect the character of the Conservation Area within which it is located and in doing so, comply with the relevant planning policies contained in the Isle of Man Strategic Plan 2016.

## CONCLUSION

7.1 Overall, it is concluded that the planning application is in accordance with the relevant policies of the Isle of Man Strategic Plan 2016, and is therefore supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Control of Advertisements) Regulations 2013, the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Persons to whom notice has been given under regulation 10(3)(a)(i)
- (d) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
- (e) The Highways Division of the Department of Infrastructure;
- (f) The Ports Division of the Department of Infrastructure;
- (g) The operator of the railway or tramway; and
- (h) The local authority in whose district the land the subject of the application is situated.

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 in Article 6(4) who should 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.

Decision Made : Permitted Date : 12.08.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

## 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.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/29483-malew-land-west-of/documents/1045914*
