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Application No.: 18/00003/B Applicant: Department Of Infrastructure Proposal: Re-construction and repositioning of highways and footways on Loch and Harris Promenades, including associated street furniture and the upgrading and refurbishment of all drainage and statutory service infrastructure. Works to include replacement of horse tramway double track with single track in a zone on the seaward side of the new highway alignment. Site Address: Douglas Promenade From Sea Terminal Loch Promenade And Harris Promenade Douglas Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 06.02.2018 Site Visit: 06.02.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 05.02.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: In the interests of the character and appearance of the site and in the interest of maintaining highway safety.
the Department. All the street furniture shall be installed in full accordance with the approved details.
Reason: In the interests of the character and appearance of the site and in the interest of maintaining highway safety.
Reason: In the interests of the character and appearance of the site and in the interest of maintaining highway safety.
This approval relates to the submitted documents and drawings all received on 3rd January 2018.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The owner/occupier of 12 Creggan Lea, Port St. Mary The owners/occupiers of Glebe Cottage, Maughold The owner/occupier of Mannin Veg, Gansey, Port St. Mary The owner/occupier of Ballaqueeney Lodge, Ballaquayle Road, Douglas The owner/occupier of La Marguerite, Croit E Quill Road, Laxey The owner/occupier of 32 Birch Hill Grove, Onchan The owner/occupier of Rose Bank, Little Switzerland, Douglas The owner/occupier 24 Strand Street, Douglas The owner/occupier objects of 5 Hillcroft, Douglas The owner/occupier objects of 20 Fairway Close, Port Erin _____________________________________________________________________________
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING AND BUILDING CONTROL
1.1 The site is a significant area of land in Douglas having an approximate length of 3/4 miles and includes the Promenade highway and other sections of highway which branch off the main Promenade highway. The site essentially runs from the Bottleneck Car park in a northeasterly direction up to just past Castle Mona Avenue/The Esplanade. It should be noted the Marine Gardens (Sunken Gardens) and the Promenade (walkway) are not within the application. - 1.2 In terms of the history of the Promenade the Planning Directorate would refer to the applicants' Desk Based Assessment Report - undertaken by Oxford Archaeology North (January 2015); which gives an indication of how the Promenade was developed over a number of years in four distinct areas, these being Loch Promenade, Harris Promenade, Central Promenade and Queen's Promenade. As indicated above the entire application site is broken into four areas, Loch Promenade, Harris Promenade, Central Promenade and Queen's Promenade. This application only deals with Loch Promenade, Harris Promenade and a small section of Central Promenade. The majority of Central Promenade and Queen's Promenade are not within the application site, although they are also proposed to be improved, but to an extent which does not require planning permission. For ease of reference, it is considered appropriate to describe each area individually. LOCH PROMENADE - 1.3 This section of the Promenade and the application site, starts at the entrance of the Bottle-Neck car park and runs in a north-westerly direction, including the TT Café building incorporating sections of Regent Street, Howard Street, Granville Street and Senna Slip up to the Junction of Church Road, which is adjacent to the Sefton Hotel. The Promenade highway is characterised as a wide carriageway forming two lanes of traffic with two pairs of horse trams tracks located centrally within the highway. This stretch of carriageway is one of the widest sections along the entire Promenade, and also accommodates parallel parking spaces to the western side of the highway and chevron (angled) parking to the eastern side of the carriageway. Parking in this area is within a 2 hour disc zone. Running immediately adjacent to the rear of the chevron parking areas is a narrow public footpath, which runs along the entire length of Loch Promenade and the majority abuts the Marine Garden stone walling. This walling is broken up in five parts, where footpaths and shelters can be found which correspond to Regent Street, Howard Street, Granville Street and Senna Slip. - 1.4 Within Loch Promenade, opposite the Bottle neck car park is where the current horse tram track ends. Persons riding the tram then have to disembark the tram and walk to the central island, where seating attached to large planters can be found. Once persons have done this they are then required to cross either the eastern or western carriage. There is no turning provision for the horse trams at this location and therefore the staff operating the trams are required to walk the horse round to the back of the tram, so the horse tram can start is journey back along the Promenade, in a northerly direction. - 1.5 The Promenade walkway is at its widest within the Loch Promenade, compared to the remainder of the Promenade. This area is characterised as open areas of hard surfacing (patterned colour tarmac) which abuts the boundary walling of the Marine Gardens to the railings/walling, which is above the Promenade wall, adjacent to the foreshore. Along the boundary walling of the Marine Gardens can be found public seating and bins. Ornate street lights run above and along the walls of the gardens and the Promenade walkway. The walkway walling is also broken up in five parts, where the footpaths and shelters can be found which correspond to Regent Street, Howard Street, Granville Street and Senna Slip giving access to the above streets and Strand Street/Castle Street beyond. - 1.6 Within this section of the Loch Promenade there can be found a pedestrian crossing opposite Regent Street, Howard Street, Granville Street and Senna Slip. HARRIS PROMENADE
1.7 This section of the Promenade and the application site is the smallest section of the four Promenade areas. The section continues from the Loch Promenade i.e. junction of Church Road and continues to the bottom of Broadway. This section of the Promenade is the transition part of the Promenade, where the widest sections of the Promenade highway and the Promenade walkway reduces in width. From the junction of Church Street the two lanes of carriageway which serves vehicles, are split by a landscaped island section which fronts the Sefton Hotel, and the Gaiety Theatre. Immediately opposite the Gaiety Theatre is a turning lay-by which allows vehicular traffic turning from the western carriage to the eastern carriageway. The carriageway continues in a northerly direction, past the Villa Marina/Gardens, where the lanes of traffic are still separated by raised curbs with a narrow central island. Vehicular parking is more restrictive in this section of the Promenade, with parking on the western side, being for taxi/loading/bus stop/disable parking fronting the Sefton Hotel and the Villa Marina Gardens. Parking on the easterly side of the carriage way is made up of parallel parking spaces. Parking in this area is within a 2 hour disc zone. - 1.8 The horse tram tracks continue together from Loch Promenade and do not follow the carriageway i.e. split to follow the flow of traffic, but continue along the easterly side of the carriageway only. The horse tram tracks form part of the eastern carriageway and is shared with vehicular traffic. This results in the horse trams travelling towards the oncoming traffic travelling in a southerly direction. It should also be noted that vehicles utilising the turning layby, opposite the Gaiety Theatre, are required to drive across the tram tracks to continue their journey along the Promenade in a southerly direction. - 1.9 As indicated within paragraph 2.7 within this section, Harris Promenade walkway gradually reduces in width. When walking in a northerly direction up to the War Memorial the walkway width is constant up to the bottom of Broadway, where it reduces further in width. Within this area there is also a number of public seats which run adjacent to the carriageway, on a slightly raised platform. - 1.10 Within this section of the Harris Promenade there can be found a Zebra pedestrian crossing adjacent to Davison's Ice Cream Parlour and the Villa Marina Gardens. CENTRAL PROMENADE - 1.11 As indicated only a small section of this section of the Central Promenade is within the application site; However, it is considered useful to given a general description of this section of the Promenade, which continues from the junction at the bottom of Broadway in a northeasterly direction and stops just beyond the northern most point of the Palace Hotel (Palace View Terrace). This section of the Promenade is one of the longest and narrowest sections. The two tram tracks are still located centrally within the carriageway, with no central reservation. To either side of the carriageway, this section is characterised by parallel parking spaces along the majority of the Central Promenade. Some parking in this area is within a 2 hour disc zone, however, the majority of the parking in this area is restricted to 24hrs parking. - 1.12 The horse tram tracks continue together from Harris Promenade and follow the carriageway in the centre of the carriageway, with no central reservation. The narrowness of the carriageway in this location and the parallel parking to either side means that the horse trams and vehicles are in close proximity and where vehicles try to pass the trams by 'undertaking'. If a larger vehicle i.e. a bus is behind a tram, then the carriageway is not wide enough to undertake, which causes traffic to build up behind the tram. - 1.13 The Promenade walkway is at its narrowest point (approximately 3/3.5 metres) at the bottom of Broadway (i.e. traffic lights) at the start of Central Promenade. This continues for an approximately 100 metre stretch, where the walkway increases in width to approximately 4 metres and continues in this approximate width throughout the remainder of Central Promenade section. This section of the Promenade incorporates sections of Castle Mona Avenue, Esplanade Lane, Empress Drive, Mona Drive, Castle Drive and Palace View Terrace.
1.15 Within this section of the Central Promenade there is a pedestrian crossing at the bottom of Broadway; a Zebra pedestrian crossing close to Esplanade Lane; and a pedestrian crossing adjacent to the Imperial Hotel. - 2.0 PROPOSAL
2.1 The application seeks approval for the re-construction and repositioning of highways and footways on Loch, Harris and (partially) Central Promenades, including associated street furniture and the upgrading and refurbishment of all drainage and statutory service infrastructure. Works to include replacement of horse tramway double track with single track in a zone on the seaward side of the new highway alignment. GENERAL HIGHWAY WORKS - 2.2 In terms of the alteration to the highway, the overall width of the highway (carriageway and footpaths combined) would essentially remain as existing, due to constraints of existing buildings, structures, boundary walling along Marine/Queens Gardens etc. The overall highway is not to increase in size, what is changing is the appearance, design, layout, finishes and the areas dedicated to pedestrians and vehicles. The horse tram tracks would be repositioned and reduced in the main from two tracks to a single track from the centre of the carriageway, to run parallel with the seaward side of the highway and in parts along the sunken gardens. - 2.3 The carriageways for vehicles are to be reduced, each being between 3m to 3.5m metres in width (the current width varies). They will also be more clearly defined by the introduction of a central reservation constructed in 'Imprinted Concrete' which would generally be approximately 2m in width, although in places this varies. - 2.4 Either side of the main carriageway the areas are made up of a mixture of footpaths and parking areas for various vehicle uses (i.e. taxis, loading, normal parking), being chevron and parallel parking spaces. The carriageway and the parking spaces in the whole would be finished with black tarmac. The bus lay-bys/stops, would be finished with a tarmac (shown as red on the plans). - 2.5 The existing footpaths would be altered in all parts of the Promenade. The finishes would range from Granite paving, Granite composite paving, Black Tarmac, and coloured Tarmac. The overall widths of the footpaths would generally be similar to the western side of the Promenade, but increased in width along the eastern side of the Promenade, especially those which run parallel with the sunken garden walls. - 2.6 The scheme involves increasing the number of pedestrian crossings from 12 to 18 along this area of the Promenade. These will be undertaken in three ways, the first being in the way of controlled crossings (Puffins/traffic lights). The actual number of controlled crossings along this section of the Promenade would be reduced from 5 to 2, the two proposed being located at Granville Street and at the bottom of Broadway. The second method is by Zebra crossing, with a total of 8 Zebra crossings proposed, whereas currently there are 1 (opposite Davidsons). The Zebra crossings would be located at Victoria Street, Regent Street, Howard Street, Senna Slip, Church Road, opposite Davidsons, Villa Marina, and Opposite Central Apartments (bottom of Broadway). The third method is via uncontrolled crossings which are essentially more informal crossing points. Currently none of this type exists along the Promenade at this time. The proposal would introduce 8 of these types of crossings, one at Regent Street, one at Howard Street, two at junction at Church Road, one at the War Memorial, one opposite Villa Marina, one at Castle Mona Avenue and one at Esplanade Lane. LOCH PROMENADE - 2.7 In terms of alterations within the highway this section would be subject to more significant changes in terms of the finishes of the paving. The footpaths to the western side of the carriageway are to be finished in a Granite composite paving. The Granite composite
3.1 There have been a number of planning applications made in connection with this site; however, the following are considered relevant in the determination of the planning application: - 3.2 Re-construction of the highway and footways to create a low speed streetscape, relocation of horse tram tracks on to the promenade walkway, re-surfacing the promenade walkway and creation of a cultural quarter near Gaiety Theatre - 15/00594/B - REFUSED by the
4.1 In terms of the current land use designation the site is identified as being a 'Principal Traffic Route' under the Douglas Local Plan Order 1998. The site is within the Douglas Promenades Conservation Area. - 4.2 Due to the land use designation of the site and the type of development proposed the following policies are recommended to be relevant for consideration:ISLE OF MAN STRATEGIC PLAN - 4.3 Strategic Aim states: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage." - 4.4 Strategic Policy 1 states: "Development should make the best use of resources by:
4.5 Strategic Policy 4 states: "Proposals for development must:
Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
4.6 Strategic Policy 8 states: "Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions." - 4.7 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:
4.8 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." - 4.9 Environment Policy 41 states: "The Department will require that archaeological evaluations be submitted prior to the determination of proposals affecting sites of known or potential archaeological significance. In cases where remains are affected but preservation insitu is not merited, the Department will expect to secure excavations and/or recording in advance of construction work either by the imposition of suitable conditions attached to a planning permission or through a formal agreement entered into with the developer." - 4.10 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 4.11 Environment Policy 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition." - 4.12 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes." - 4.13 Transport Policy 2 states: "The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems." - 4.14 Transport Policy 3 states: "New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes." - 4.15 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 4.16 Transport Policy 5 states: "Any improvements to the Island's highway network, including the provision of new roads, footpaths, and cycle routes, should be undertaken in accordance with the environmental objectives of this plan." - 4.17 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."
4.18 Policy CA/2 - Special Planning states: "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of
such proposals upon the special character of the area, will be a material consideration when assessing the application.
"Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."
4.19 VM5: Improve connection / crossing at Church Marina Road to Villa Marina / Gaiety Complex states: "Addressing this linkage between the Strand Street area and the Villa Marina area is crucial to knit this development into the retail area more successfully. A redesign of the space could address the crossing of this busy junction, and enable ease of pedestrian movement between the two areas." - 4.20 VM7 Improve pedestrian permeability between Villa Marina & Gaiety Theatre to The Promenade states: "A scheme of improvements is currently proposed for the Promenade, the initial phase has been implemented and a further phase now has planning permission. It is important that future phases consider the location of crossing points and traffic speeds along the Promenade; perhaps looking at the potential for 'super crossings' to support movement." - 4.21 TP4 Creation of Promenade Activity Attractors states: "Utilising the 'Living Promenade' proposals, public art and landscape features to seize the missed opportunity for the Marine Gardens. Improving environment and facilities for existing users (cyclists, walkers, children & visitors). This could be part of town circuit linking to Villa Marina Gardens and Falcon Glen. The Attractors are part of the ambition to activate the Promenade space, harnessing the potential." - 4.22 TP6 Improving connections across the Promenade to link between Strand Street and the Promenade states: "As highlighted earlier, the benefits of supporting linkages to Strand Street would be symbiotic, in that both attractions will support movement to the other through well considered crossing points and creating environments that support and prioritise pedestrians." - 4.23 TP7 Explore potential to extend the Tram states: "The electric tram could be extended along the Promenade to provide both a commuter connection and tourist attraction. The Tram could provide an alternative mode of transport for the town to reduce car activity."
5.1 Douglas Borough Council Support the application. - 5.2 DOI Highway Services make the following comments: "02.02.2018 - The proposal is to reconstruct the promenade and reposition highways and footways including replacing the horse trams. The application is similar in principle to PA 15/00594/B that was refused; however the Inspector found no safety issues with the highways scheme other than the location of the horse trams onto the walkway. This proposal maintains a separation between the horse trams and the recreational use of the promenade walkway.
The design has been subject to a quality audit that specifically considers the needs of pedestrians and vulnerable road users and their interaction with vehicular traffic; there were no critical safety issues raised within this stage 1 audit. The detailed issues that have been raised will be addressed prior to the more detailed stage 2 audit that will be carried out on the detailed design and reviewed by the quality team within the Department prior to construction.
Highway Services does not oppose this application."
5.3 Director of Environment Safety and Health (DEFA) makes the following comments (01.02.2018): "Following our earlier conversation I can confirm that the Promenade design team have responded to the majority of our comments regarding health and safety of the proposed design.
There is however one risk which has not been covered satisfactorily in the design risk assessment (in my opinion) and this involves the potential for young children to run into the path of trams as they are taken out of cars being parked in the chevron bays located between the road and the proposed tram route (south of Broadway).
I have raised this matter with the design team and they are working on the issue but as your deadline is approaching I wanted to make you aware of the situation."
5.4 The owner/occupier of 12 Creggan Lea, Port St. Mary comments on the application which can be summarised as (22.01.2018): cycle lanes and flood defences. - 5.5 The owners/occupiers of Glebe Cottage, Maughold comment on the application which can be summarised as (16.01.2018): please ensure tram is capable in the future of being electrified to be used for public transport and connected via Church Street/Strand Street to the Quayside and railway station. - 5.6 The owner/occupier of Mannin Veg, Gansey, Port St. Mary objects on the application which can be summarised as (19.01.2018): concerns of how cyclist will exit and enter onto the Promenade complex; hard to see how proposal meets the Governments "Active Travel" by one of the primary modes of active travel along the Promenade; and would not gain the support of people who cycle along Promenade. - 5.7 The owner/occupier of Ballaqueeney Lodge, Ballaquayle Road, Douglas, objects on the application which can be summarised as (30.01.2018): the rebuilding of the road with complicated unproven shared surfaces and relocating the historic tram were all issues the Inspector refused the application on; loss of 75 parking spaces; any attempt to improve the traffic flow is negated by the lack of space to manoeuvre around parking cars and bus stops; the reposting of the tram lines will significant alter the historical relationship of the horse tram being in the centre of the road; moving the tram to a single lane behind the rear of parked cars where children can quickly dart out from between cars is a hazard; does not include cycle lane; Phil Jones Associates has made a series of observations in their report submitted by the applicant, but seems the applicant has largely dismissive and inadequate; and since the last application the road has been resurfaced which have remediated the previous defects; and does not preserve or enhance the Conservation Area. - 5.8 The owner/occupier of La Marguerite, Croit E Quill Road, Laxey objects on the application which can be summarised as (26.01.2018): twin tracks would run through Broadway to the War Memorial as the Promenade is wide enough, the War Memorial is the logical point to change into a single track; future proofing to enable to MER could in the future be extended to Peveril Square; shared space is a waste of money as many other areas in the UK have failed; and evident finds that such areas have resulted in many highway safety accidents. - 5.9 The owner/occupier of 32 Birch Hill Grove, Onchan, objects on the application which can be summarised as (23.01.2018); No provision of safe cycling on this application; and The DOI have said they would work with other Gov Departments to promote safe cycling. - 5.10 The owner/occupier of Rose Bank, Little Switzerland, Douglas objects on the application which can be summarised as (01.02.2018); the loss of parking spaces are already in short
6.1 It is considered the main considerations of this planning application are:
6.2 The main aims of the proposal are to improve the appearance, structure, and functions
of the entire Promenade for all users.
6.3 The current land use designation of the site is as a 'Principal Traffic Route' under the Douglas Local Plan Order 1998. It is therefore considered that the broad principle of the works is acceptable. - 6.4 It is noted that all recent planning applications (15/00594/B , 13/91533/B, 12/01327/B) have been considered by an Independent Inspectors (with decisions made by CoMIN) and the decision makers have agreed with the Inspector's conclusion that the regeneration of the existing run-down Promenade is of benefit to community and an enhancement of the Conservation area and Promenade. - 6.5 Environment Policy 43 indicates that support should generally be given to proposals which will seek to regenerate run-down urban areas. It is clear that while the Promenade has a number of significant strengths (such as the sweep of Victorian properties) the quality and condition of some of the public realm is judged to be in poor condition which serves to detract from the overall quality of the area. It is also clear the Promenade, and in particular the main carriageway is 'tired', and not especially attractive. Furthermore, information provided by the applicant indicates that parts of the foundations and sub-structure are failing.
6.6 It is important to note the consideration of the two recent planning approvals for Phase 1 - PA 12/01327/B & Phase 2 - PA 13/91533/B . These approvals were part of the initial stages of the redevelopment of the Promenade. Phase 1 commenced from the Sea Terminal Building along Loch Promenade to the former Royal Bank of Scotland Building; whilst Phase 2 continued from Peveril Square to Regent Street. When the Inspector for Phase 1 considered the principle of the development and appearance of the area, he stated:
"The existing highways and streetscape finishes and street furniture are in very poor condition and neither enhance nor preserve the character or appearance of the Promenade Conservation Area. The proposed works would certainly improve the character and appearance of this 'gateway area' and the surface materials and finishes, comprising high to medium quality natural stone, asphalt and concrete would provide a much improved streetscape."
6.7 When the Inspector for Phase 2 considered the application, , he made the following comments in relation to the principle and visual appearance of the existing area:
"…the case for the Douglas Promenade regeneration programme, its overall form and finishes were I think established by the approval of Phase 1. The scheme had widespread public support during prior consultations. It barely needs saying that the Promenade, as well as being a key traffic route, provided Douglas with an iconic, vibrant sea-front. It also barely needs saying, as may be readily seen, that this highway is in poor condition, timeworn and at the very least requires substantial structural, drainage and surfacing works. Highways Division are to be commended for seeing this as an opportunity also for upgrading and refurbishment, with high quality finishes, improved pedestrian crossings and relocating the horse trams clear of today's road traffic. There has been no objection, at least in relation to Phase 2, regarding the scheme considered broadly."
6.8 Accordingly, whilst Phase 1 did not include land within the current application site; the Inspector's comments set out above are considered relevant in the assessment of the current application. Phase 2 did include land which is within the current application site and therefore comments and the decision are also considered to be relevant, and carry additional material planning weight, when determining the current application. Of particular importance was the acceptance of the horse tram tracks being located along the western edge of the carriageway, rather than being retained centrally in the carriageway (i.e. as existing). - 6.9 The Inspector for the previously refused scheme (15/00594/B) also commented on the principle of the development:
"The principle of refurbishment of the whole of the Promenade is accepted by all parties although some objectors are opposed to the principle of providing roundabouts and others question the overall extent, costs and need for the works involved. Whilst some of the points made relating to how the highways will operate can be relevant, the matter of overall cost and the extent to which works are actually required are matters for DOI as the applicant."
6.10 In light of the above, it is considered that the overall principles of the works to the highways are acceptable, including the repositioning of the horse tram tacks to the eastern edge of the carriageway.
6.11 The entire application site is within a Conservation Area and therefore requires carefully consideration against Environment Policy 35. This policy requires any development to either 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.
6.12 General Policy 2 is also relevant; especially paragraphs (b) and (c), which consider whether any development respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them and also ensures that no development would affect adversely the character of the surrounding landscape or townscape. Level of Change - 6.13 As indicated within paragraphs 6.6 and 6.7 of this report, previous Inspectors considered that the existing visual appearance of the areas in question was poor and did not preserve or enhance the character or appearance of the wider Conservation Area.
The current scheme in terms of works goes further than those in Phase 1 and 2; in that the proposal includes a greater level of alterations to the footpath/highway layouts, altered road junctions, creation of a cultural quarter, greater level of pedestrian crossings, and repositioning of the horse tram tracks; whereas the original schemes appeared to concentrate more on new surface finishes with some minor highway improvements and with the horse tram tracks being re-positioned, albeit only for a small section towards the end of Loch Promenade. The development is therefore considered to be a more radical redesign, rather than just repaving works, and this is to be commended.
6.14 The works in themselves will change the appearance and character of the area and at the same time the Conservation Area. Arguably the more major changes include;
6.15 Overall, it is considered that the overall, design, layout and finish of the proposed works would result in significant improvements to the visual amenities of the Promenade and would significantly enhance the character and appearance of the wider Conservation Area. The proposal would therefore comply with the requirements of Environment Policies 34 & 35 and General Policy 2 of the Isle of Man Strategic Plan 2016. The visual impact of each element of the scheme is considered in more detail below, to explain how this judgement has been reached. Traffic and Pedestrians - 6.16 It should be noted that the Douglas Promenades Conservation Area Character Appraisal suggests traffic rationalisation as a means that could enhance the appearance and usage of the Promenade in some sections. The Promenade roadway has only been subject to remedial works over recent years and has not been fully resurfaced for some time. This has resulted in a patchy and 'tired' appearance which has a negative impact on the visual amenities of the Conservation Area. Works to reconstruct the road and provide better surfacing is to be welcomed overall. - 6.17 The character of the Promenade, especially along Loch and Harris Promenades is currently one dominated by vehicles, given the large expanse of tarmac carriageways. This proposal would help reduce the dominance of these carriageways and create a more pedestrian friendly area and a more pleasant place to be and will likely encourage more people to uses the Promenade. Public Realm and Artwork
6.18 Within the scheme are areas where the public realm is to be improved, notably to the front of the Sefton Hotel and Gaiety Theatre. This will provide a significant enhancement to those areas, as well as providing a large useable space for members of the public to use. - 6.19 The works proposed within Loch and Harris Promenades would result in significant improvements in terms of the visual amenities of the character and appearance of the Conservation Area. The use of the varied paving that is proposed is welcomed, some of which has already benefited from planning approval in Phases 1 & 2 of the Douglas Regeneration Works. - 6.20 It should also be noted that within the Promenade are four areas which have been designated for artwork usage (Cultural Quarter, Villa Marina Colonnade area fronting Central Apartments and two areas near to The Esplanade). The applicants and Department have been in discussion with the Arts Council for possible future use for either permeant artwork and/or artwork on a temporary basis. There are also illuminated "Entrance Marker Posts" proposed at each end of the application site which will form a "gateway" feature. It is proposed these will be design by an artist and will mark the entrance of the relevant promenade. It is also proposed to install the form "Fly Wheel" (adjacent to bottleneck car park) which was used in connection with cable car network around Doulas. An information board is also proposed. Horse Tram Tracks - 6.21 As indicated previously, the scheme would move the horse trams tracks from their central position within the roadway to the side of the roadway will alter the historical position of the Horse Trams. It is necessary to consider whether this aspect of the proposal would enhance or preserve the Conservation Area. There are two aspects to this - the length and the location of the route. - 6.22 It is noted within the Douglas Promenade Conservation Area Character Appraisal that:
"Synonymous with the image of the Promenades - as they became known when the tourist industry was at its height is the unique system of Horse Trams which run the entire length during the summer months. It is judged that this feature makes an important contribution to the special character of the Conservation Area."
6.23 It could therefore be argued that the key aspect is that the Horse Tram runs the "entire length", which would still be the case. The proposal would actually extend the horse trams tracks up to the Sea Terminal and provide a new horse tram shelter, which for users would be more beneficial, than the existing situation. Originally, the tram tracks continued beyond the current Sea Terminal and its primary purpose was to transport visitors and luggage from the boats to their hotel. - 6.24 However, during the last inquiry Manx National Heritage indicated that in their view the important of the Horse Tram tracks was that the precise location had little intrinsic value and that the important factor was the tram tracks ran from one end of the Promenade to the other and the Inspector disagreed with this view, but this was given the tracks where being located on the Promenade Walkway as he considered the horse tram tracks has always been read as a coherent and logical whole, proving in a transport facility, within the highway, from one end to the other. The Inspector felt that having the horse tram tracks on the Walkway would seem to be a "forced" route and "haphazard" and result in a significant disruption of the coherent understanding of the historic route of the vintage horse tram tracks on the highway. - 6.25 This current application has a more organised design, having one crossing point of the horse tram tracks from the centre of the highway to the side of the highway, and then continuing along the existing highway, albeit to one side. Therefore unlike the previous scheme which would essentially detached the horse tram tracks from the carriageway, the proposal
"Highways Division are to be commended for seeing this as an opportunity also for upgrading and refurbishment, with high quality finishes, improved pedestrian crossings and relocating the horse trams clear of today's road traffic. There has been no objection, at least in relation to Phases 2, regarding the scheme considered broadly."
6.27 Therefore significant planning weight is attached to this previous decision as well. However, it is considered the current scheme is considered acceptable irrespective of this previous decision for the reasons indicated. Street Furniture - 6.28 Not all the information is currently provided regarding street furniture (street lighting, benches, bins & cycle stands etc), but in a previous regeneration project, namely RamseyParliament Square, a planning condition was attached which required full details of street furniture prior to any works commencing, which also indicates the location of any such furniture. There are areas which have been dedicated for additional street furniture located along the Promenade; however, the actually details have not been provided. However, some seating (benches incorporating planters within) has been provided which are located at certain locations (namely near access to sunken gardens). Further, the applicants are working with Douglas Borough Council to accommodate new highway lighting scheme to be incorporated into the proposals, albeit the details of the lighting are not yet finalised. POTENTIAL IMPACTS OF DEVELOPMENT UPON HIGHWAY SAFETY AND PARKING - 6.29 When considering this issue, there are potentially three main users of the Promenade; pedestrians (who would more likely be utilising the footpaths either side of the carriageways and the pedestrian crossing points); vehicular traffic (which would utilise the carriageways, roundabouts, crossings and parking spaces_ and the horse trams (which would utilise the proposed new tram corridor). - 6.30 The Department places heavy reliance on the comments from Highway Services and feel that this aspect of the application is more appropriately judged by Highway Engineers who in this case have raised no objection to the proposals. As noted, the Environment Safety and Health - DEFA have also been considering the scheme to ensure the scheme from a Health and Safety perspective is acceptable. At the time of writing this report the Environment Safety and Health has raised an issue over a small section of the scheme but had been in discussion with the applicants to solve the issue. Both parties believe there is a possible solution, and therefore it is hoped that this matter will be addressed by the time the Planning Committee Meeting is held. However, a condition is proposed to help address this issue. - 6.31 In terms of parking spaces, there will be a reduction in numbers within the Loch and Harris Promenade areas, from 236 to 161 spaces (total 75). However, there is an increase in parking spaces within the Central and Queens Promenade areas from 374 to 385 spaces. Overall there is a total reduction of spaces from 610 to 546 (total 64 spaces or 10%). However, within the application site, there is arguable a better type of parking spaces i.e. including 14 disabled spaces, 4 for electric vehicles, motorcycle parking, taxi bays, coach and
"New development should be located and designed such as to promote a more integrated transport network with the aim to:
6.33 Accordingly, it is considered the works would meet each of the four points outlined within this policy. Potentially, the Department would support a greater level of parking being removed. - 6.34 One reason why the Horse Tram tracks where previously proposed to be positioned on the Promenade Walkway (15/00594/B) was due to possible concerns of the loss of many car parking spaces on the Promenade. However, the Inspector made the following comments which supported the view that the loss of parking along the Promenade (particularly along Loch Promenade) was acceptable:
"All of these, in themselves, could be sound reasons, to re-locate the Horse Drawn Tram on to the walkway but some comments by objectors are also valid in planning terms. It has been shown that there could be other options to provide the necessary car-parking requirements in the town centre at the under-used Chester Street car park, amongst other places."
6.35 It is also important to note that the principle use of the site is for the passing of traffic and pedestrians, rather than a car park. - 6.36 Further, it is noted with in the DOI - Douglas Town Centre Parking Study and Parking Policy Development Options (Nov 2013). This undertook a study of parking within Douglas which included a parking survey of all available parking in the town. These surveys where undertaken at peak times (Friday and Saturday daytimes). This identified that Chester Street Car was operating at a 61% capacity on Fridays and only 47% occupied on Saturdays. Accordingly, given the closeness of Chester Street Car Park with the main shopping area "Strand Street" and the Promenade, it is not considered the loss of spaces would have a significant impact upon the retail area or businesses along the Promenade by the reduction of parking within the application site. Again, there has been little objection from shop owners/operators, which again would seem to suggest the loss of parking spaces proposed does not raise a concern. - 6.37 It is noted that while the current scheme is not identical to the previously refused application, the overall carriageway layout, footpaths, crossing etc. are similar and the Inspector concluded that this aspect of the proposal was acceptable. - 6.38 Overall, given the comments received from Highway Services, it is considered that the proposed scheme would not have significant adverse impacts upon highway safety for all road users. Furthermore, the circulation/movement of vehicular traffic along the Promenade would not adversely affect the highway network and it is concluded that the development can
accommodate such traffic in a safe and appropriate manner and therefore complies with Transport Policy 1 to 6 and General Policy 2 of the Isle of Man Strategic Plan and also Policies VM5, VM7, TP4, TP6 & TP7 of the Central Douglas Mater Plan.
6.39 Comments have been made in relation to cycle lanes not being provided. It is understood that cyclists will still be able to utilise the existing Promenade Walkway to cycle along, which is currently the case and is not proposed to change. Further the applicants have advised the following in response to the comments being received:
6.40 In terms of further comments relating to sea walls/flood protection, the submitted statement indicates that the design of the scheme does allow for such provisions to be accommodated if needed. However, these would be subject to a further planning approval.
7.1 In conclusion, it is recommended that the planning application be approved on the grounds that the proposed development would be in accordance with the Isle of Man Strategic Plan (June 2016), Douglas Local Plan 1998 and the Central Douglas Master Plan. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
8.2 The Planning Committee must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers (Director of Environment Safety and Health) within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Signed : C BALMER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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.
Application No. : 18/00003/B Applicant : Department Of Infrastructure Proposal : Re-construction and repositioning of highways and footways on
Loch and Harris Promenades, including associated street furniture and the upgrading and refurbishment of all drainage and statutory service infrastructure. Works to include replacement of horse tramway double track with single track in a zone on the seaward side of the new highway alignment.
Site Address : Douglas Promenade From Sea Terminal Loch Promenade And Harris Promenade Douglas Isle Of Man Presenting Officer : Mr Chris Balmer Addendum to the Officer’s Report PC added the following conditions:
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.
years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Reason: In the interests of the character and appearance of the site and in the interest of maintaining highway safety.
Reason: In the interests of the character and appearance of the site and in the interest of maintaining highway safety.
Reason: In the interests of the character and appearance of the site and in the interest of maintaining highway safety.
This approval relates to the submitted documents and drawings all received on 3rd January 2018.
Copyright in submitted documents remains with their authors. Request removal
