**Document:** Officer Planning Report **Application:** 09/00586/B — Erection of a flag pole on pavement to front of **Decision:** Permitted **Decision Date:** 2009-08-04 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/62507-german-powell-house-41-michael-street-flag-pole/documents/1371966 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### The Site The application site represents an area of public highway to the east of the Powell House which is currently in use as "Shamyrhey Tea Rooms" on the corner of Factory and Michael Street in Peel. #### The Proposal The proposed planning application is seeking approval to erect a 5m high flagpole to the east of the Shamyrhey Tea Rooms (within the footpath at the corner of Factory and Michael Street). #### Planning Status In terms of local plan policy, the application site is located within an area designated as being "Mixed Use" and within the "Conservation Area" under the Peel Local Plan, 1989. The Isle of Man Strategic Plan 2007 contains two policies which should be considered in the assessment of this current planning application - General Policy 2 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: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (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; - (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; - (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; - (I) is not on contaminated land or subject to unreasonable risk of erosion or flooding; - (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and - (n) is designed having due regard to best practice in reducing energy consumption." 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". ## Planning History The following previous planning applications should be considered relevant in the assessment and determination of this application: PA 04/02444/B - Alterations and conversion of former betting shop and office to a cafe/tea rooms or ground floor and two apartments on upper floors, and alterations to highway - Permitted PA 05/01855/C - Change of use to enable tables and chairs to be placed on extended paved area for use of cafeteria customers during business hours - Permitted PA 06/00417/B - Formation of opening lights to create serving hatch to outside seating area and installation of a foldaway awning to front elevation - Permitted PA 06/01477/D - Retention of advertising signage - Refused ### Representations The Peel Town Commissioners have approved the application. The Department of Transport Highways Division have objected the proposal as the Highways Act 1986 does not make provision for the erection of flag poles on the public highway. Manx Electricity Authority has stated that as there is underground cables/overhead lines present in the area indicated in you Planning Application and need to discuss working practices around cables and overhead lines which may be required to be diverted before any work can be carried out on site. **ASSESSMENT** It is considered that the proposed application would be acceptable as it would have no adverse implications on public and private amenity. The visual appearance of the conservation area would not be adversely affected and its siting would not obstruct any pedestrians due to the 3m wide gap between the side elevation of the café and the proposal. As the proposal is located on the public highway, the Highways Division have objected on the grounds that they do not make provision for the erection of flag poles on public highways such as this. This matter is not a material planning consideration as the Department of Transport have different legislation to the Planning Authority so it was not considered in the assessment and determination of this application. **RECOMMENDATION** For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted. **PARTY STATUS** 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: - The Department of Transport Highways Division - Peel Town Commissioners Accordingly the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: - Manx Electricity Authority **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 30.07.2009 **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 30 July 2009 09/00586/B C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to the submitted Drawing 01 received on 31st March, 2009. N 1. The applicant is advised that this planning permission does not override the Department of Transport Highways Divisions, Highways Act 1986. The applicant should contact the Highways Division to address this matter. N 2. No advertisement is to be displayed on the flagpole without prior approval from the Planning Authority. I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer Decision Made : Permitted Date : 3. August 2009 Signed : Senior Planning Officer --- *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/62507-german-powell-house-41-michael-street-flag-pole/documents/1371966*