DEC Officer Report

Application No.: 19/00424/B Applicant: Tevir Group Proposal: Installation of cladding to existing hoardings, repair and repositioning of seating, installation of additional seating, planting and bin stores Site Address: Villiers Square Fort Street Douglas Isle Of Man Principal Planner: Mr Chris Balmer Photo Taken: 24.04.2019 Site Visit: 24.04.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.05.2019 _________________________________________________________________

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 submitted documents and drawings reference numbers 01, 02, 03, 05, 06, 07 & 08 all received on 5th April 2019 and 04_A date stamped as received 25th April 2019.

Interested Person Status

Additional Persons None

Officer’s Report

1.0 APPLICATION SITE - 1.1 The application site is Villiers Square, Fort Street, Douglas (as known as Douglas Town Square)which is a site located to the west of Douglas Promenade and south of Regent Street.

2.0 THE PROPOSAL - 2.1 The application seeks planning permission for installation of cladding to existing hoardings, repair and repositioning of seating, installation of additional seating, planting and bin stores.

3.0 PLANNING HISTORY - 3.1 There are a number of planning applications which have included the creation of a town square/civic use, namely associated with the development of various phases of the Villiers Building (former RBS Bank). However, none are considered especially relevant in the determination of this application.

4.0 PLANNING POLICY - 4.1 The Douglas Local Plan 1998 identifies the site as being within an Area of Open Space Proposed Open Space. Under the Draft Plan for the East the site is all designated as "Proposed Comprehensive Treatment Area - CTA1" The site is within a Conservation Area. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant. - 4.3 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;
• (l) 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."

4.4 Recreation Policy 2 - "Development which would adversely affect, or result in the loss of Open Space or a recreational facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:

• (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and

• (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area."

4.5 Draft Area Plan for the East "Comprehensive Treatment Area 1 - The Villiers (area is shown on Map 5) 13.6.1 Despite planning approval for a variety of uses having been granted, much of the site remains undeveloped and has done for some time. The site has a negative effect on this prominent area of Douglas and impacts on the appearance of the Promenade as a whole.

The area fronting the Promenade should either be developed or its appearance improved by creating an attractive public space. Re-development of the wider area would not be discounted, although where existing buildings are attractive and have a sound fabric, they should be incorporated into any wider scheme. The Central Douglas Master Plan suggests there is opportunity to support the intensification of the high street through the removal of some buildings on Duke Street.

CTA Proposal 1 (Treatment Plan) Development of this area shall include office, leisure, retail, hotel, residential entertainment venues, food and drink uses and public open space or a combination thereof; or the laying out of the site as public open space/town square in its entirety. Should built development not be brought forward independently of Government intervention, then consideration will be given to compulsory purchase of the site for either of the options described above."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council has no objection (26.04.2019).

6.0 ASSESSMENT - 6.1 The principle issues with this application are the use of the site for the purposes proposed; and potential impact upon the Conservation Area. Use of the site - 6.2 The site which is open for public use is underused and not a particular pleasing place to use or walkthrough. The proposals while not a significant re-development of the site (draft Area Plan seeks major works beyond what this proposals offers) it is consider the works proposed will make the site more pleasant and attractive place to visit and use. It is considered the proposals would comply with GP2 and RP2 of the IOMSP. Potential impact upon the Conservation Area. - 6.3 The Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan. This policy indicates that development within Conservation Areas will only be permitted if they 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. - 6.4 Overall, it is considered the proposed works would enhance the character and appearance of the existing site and also the Conservation Area and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan.

7.0 CONCLUSION - 7.1 It is recommended that the planning application is approved with conditions.

- 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 the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 13.05.2019 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

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