**Document:** Officer Planning Report Recommendation **Application:** 09/00191/B — Erection of a seagull structure **Decision:** Permitted **Decision Date:** 2009-04-15 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/62431-braddan-entrance-of-bottleneck-seagull-structure/documents/1371108 --- # Officer Planning Report Recommendation **Application No.:** 09/00191/B **Applicant:** Douglas Development Partnership **Proposal:** Erection of a seagull structure **Site Address:** Land Adjacent To The Entrance Of The Bottleneck Carpark Loch Promenade Douglas Isle Of Man ### Considerations Case Officer : Mr Ian Brooks **Expected Decision Level:** Planning Committee ### Written Representations PMCS Seacliffe Old Castletown Road Ballaveare Interest expressed ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Douglas Corporation Notes: No objection. ### Officer's Report ### The Site The application site comprises an area to the north of the Sea Terminal and to the east of the Bottleneck Car Park. The application site is located within an area zoned as "Area of Buildings for Civic, Cultural \& Special use, particularly Harbour Related Use", within the Douglas Local Plan 1998. Furthermore, the site is abuts the boundary of the Douglas Promenades Conservation Area. ### Planning Status Within the adopted Isle of Man Strategic Plan, the following polices are considered to be relevant in the determination of this application: General Policy 2 and Environment Policy 36. Environment Policy 36 states that "Where development is proposed outside of, but close to the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area". ### Planning History The following previous application is considered relevant to this application: PA 08/00370/B - Revised location of approved sculpture - granted 23rd June 2008 PA 07/01468/B - Erection of a sculpture to mark the start and finish point of the Raad ny Follan granted 21st November 2007 ## THE PROPOSAL The application seeks approval to erect a sculpture to mark the start and finish point of the Raad ny Follan footpath. The sculpture of a gull in flight will be suspended on a three legged tripod which will be 10.9m in height. The gull is to be constructed in glass fibre, reinforced internally by an aluminium structural frame. REPRESENTATIONS Douglas Corporation and the Highways Division of the Department of Transport do not oppose the application. Mr Jessop of Seacliffe, Old Castletown Road, Braddan considers of all the suggested locations this appears to be probably the least objectionable in terms of highway safety, as it shouldn't obscure the view of drivers. ## ASSESSMENT The gull will be suspended at a height of some 4m above pavement level giving ample clearance for pedestrians who will be able to walk beneath the sculpture and pass between the three legs. The height of the gull will allow for a view to be achieved against the blue sky on a clear day, which the Douglas Development Partnership likens to the waymark sign for the footpath. In respect of the visual impact on the adjacent conservation area, the proposed sculpture will be a prominent feature within the street scene and will be visible from within the Douglas Promenades Conservation Area; however, the sculpture will also be fairly slim line in nature. Due to the design of the sculpture, it is considered the proposed sculpture will not have a detrimental effect on any views into and out of the Conservation Area. In respect of highway safety, the Highways Division of the Department of Transport do not oppose the application. It is considered the proposal will not be prejudicial to highway safety. RECOMMENDATION It is recommended that the planning permission be granted subject to conditions. ## PARTY STATUS The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. Mr Jessop of Seacliffe, Old Castletown Road, Port Soderick, given his distance from the application site is not granted Interested Party Status under the provisions of Planning Circular 1/06. In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status: Douglas Corporation Highways Division of the Department of Transport Accordingly the following parties are not afforded interested party status: Mr Jessop of Seacliffe, Old Castletown Road, Port Soderick Recommendation 30 March 2009 09/00191/B ## Recommended Decision: Permitted **Date of Recommendation:** 30.03.2009 ### Conditions and Notes for Approval / Reasons and Notes for Refusal - **C: Conditions for approval** - **N: Notes attached to conditions** - **R: Reasons for refusal** - **O: Notes attached to refusals** #### C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. #### C 2. This permission relates to the erection of a sculpture as shown in drawing numbers RNF3 001, RNF3 001a, RNF3 002a and RNF2 003 date stamped 12th February 2009. --- I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005. **Decision Made:** __________________________ **Committee Meeting Date:** __________________________ **Signed:** __________________________ **Presenting Officer:** __________________________ Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate. **YES/NO:** __________________________ --- *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/62431-braddan-entrance-of-bottleneck-seagull-structure/documents/1371108*