Officer Report

Application No.: 17/00773/B Applicant: Manx Gas Ltd Proposal: Removal of existing and installation of a prefabricated site office Site Address: Princess Alexandra Pier Battery Pier Douglas Isle Of Man IM1 5PA Case Officer : Mr S Butler Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.09.2017 _________________________________________________________________

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.

• C 2. The development hereby approved shall only be used in connection with the wider site and not as a separate office use

Reason: The office is located within a Hazard Consultation Zone, however as it is functionally related to the use of the area which results in it being a Hazard Consultation zone it is acceptable an ancillary use.

• C 3. The development hereby permitted shall be removed from the site when no longer required Reason: The development is a prefabricated building

Plans/Drawings/Information;

This approval relates to the plans, drawings and information date stamped as being received on 19th July 2017, including Location Plan (MG-PAP-001), Site Plan (MG-PAP-002), Existing Elevations and Plan (MG-PAP-003) and Proposed Elevations and Plan (MG-PAP-004)

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The site is part of the Manx Gas facility within the harbour.

2.0 THE PROPOSAL - 2.1 The application seeks approval to remove an existing prefabricated site office and replace it with a slightly smaller site office within a different part of the site.

3.0 PLANNING HISTORY - 3.1 There are a number of applications relating to the site, none of which are considered to be specifically material in the assessment of the current application.

- 4.0 PLANNING POLICIES

4.1 The application site is within an area zoned as "Harbour Area" identified in the Douglas Local Plan (1998). - 4.2 It is noted that the site:

• - is not within a Conservation Area;
• - is not within an area identified at risk of flooding on the 2014 maps; but
• - it is within the Battery Pier Hazard Consultation Zone (Inner Zone).

4.3 It is therefore considered that the following policies of the Isle of Man Strategic Plan (2016) are relevant. - 4.4 General Policy 2 indicates that proposals that are in accordance with zoning will be supported subject to various detailed criteria, which include that they: "…

• (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; …

• (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; … (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and …"

4.5 Environment Policy 29 indicates that advice will be sought in relation to applications within Hazard Consultation Zones and that "…in all cases, the health and safety of the public will be the overriding consideration. Developments which would conflict with the requirements of health and safety will not be permitted". - 4.6 Transport Policy 13 seeks to protect harbours from development that would undermine their viability or character.

- 5.0 REPRESENTATIONS

5.1 Douglas Borough Council commented on the 11/08/17 indicating that they had no objection to the proposal.

5.2 DOI Highways have commented on 04/08/17 that there are "No Highway Implications". - 5.3 DEFA Health & Safety commented on 27/09/17 that, "there are no issues of concern with this development from HSWI's point of view".

- 6.0 ASSESSMENT

6.1 The principle of the development is acceptable as it is in accordance with the land use zoning. - 6.2 The proposal will replace an existing office with a similar but slightly smaller structure in a different location but still within the operational site, which is directly connected to the harbour. In light of this, and the comments from DOI Highways, it is considered that the proposal complies with General Policy 2 and Transport Policy 13. - 6.3 On the basis that the proposal will not increase the number of people working within the hazard zone and is directly related to a use which contributes to part of that hazard, and the advice from DEFA Health and Safety it is considered that the proposal complies with Environment Policy 29.

- 7.0 CONCLUSION.

7.1 In light of the above issues, the proposal is supported. - 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:

• (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) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) 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 a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 28.09.2017 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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