Officer Report

Application No.: 24/90984/B Applicant: Mr David Holmes Proposal: Erection of 2m high fencing to perimeter of bowling green Site Address: Pavilion And Bowling Green Grosvenor Road Douglas Isle Of Man IM1 3EN Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 30.06.2025 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. Although the proposal in principle is considered acceptable, the application is refused because there is insufficient information to determine whether or not the access route through the site would be impacted on and further more that the design of the gate would not impact on safe pedestrian access. _________________________________________________________________ Right to Appeal It is recommended that the following organisations should not be given the Right to Appeal on the basis that they have submitted a relevant objection: DOI Highway Services - no objection It is recommended that the owners/occupiers of the following properties should not be given the Right to Appeal because: o Flat 1, 40 Demesne Road, Douglas - the applicant is not within 20m of the site and does not overlook the site;

_________________________________________________________________ Officer’s Report

- 1. THE SITE

• 1.1. The application site relates to the Pavilion and Bowling Green in Douglas between the Douglas Lawn Tennis Club and the Department of Health and Social Care. The bowling green can be accessed via the lane off Demesne Road or Grosvenor Road. There is a walkway between the two access points that passes by the south boundary of the bowling green.

• 1.2. Some wire fencing exists on the side of the bowling green and there are benches adjacent the southern edge of the bowling green, between the green and the pavilion.

- 2. THE PROPOSAL

• 2.1. The proposal is to remove the existing fencing, replace it with 2m high fencing all around the perimeter of the bowling green. The existing benches would be encompassed within. The fencing is proposed in a dark green colour similar to those on the tennis court.
• 2.2. The Supporting Statement provides the following details;

• 2.2.1. Already enclosed on three sides, we wish to improve security of the bowling green by erecting a fence that encompasses the seating.
• 2.2.2. It is likely that some form of shelter will be erected subsequent to the installation of fencing however the priority is to secure the green.
• 2.2.3. We are not aware of any ecological or traffic impact possibilities on the installation of any fencing would be undertaken to the manufacturer's' specification.
• 2.2.4. Searches have been carried out by the utility providers. Planning history etc. We are not aware of any constraints around the possible development; it may be that there is a right of way that exists from Kensington Road and Grosvenor Road around 2 sides of the green in front of the club house and exiting to the road adjacent to the former domain road school and in front of the former maternity home. The right of way is show in pic 2, 5 & 6 enclosed with this submission. A minimum width of 1.5m will be maintained when fencing is installed. See pics 2, 5, 6 & 7
• 2.2.5. Fence Specification sheet 1 and 2; corner post details show that the metal post will be inserted into the ground and secured with a concrete mix.
• 2.2.6. Fence Specification sheet 1 and 2; high mesh fence details show that the metal fence will be around 1930mm in height.
• 2.2.7. Fence Specification sheet 1 to 8; high mesh fence gate details shows details of the gate.

- 3. PLANNING POLICY

• 3.1. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:

• 3.2. Site Specific

• 3.2.1. The site is not within a Conservation Area but the 'site' in so much as the bowling green abuts the Woodbourne Road Conservation Area at the bowling green access point to Grosvenor Road and Demesne Road via the open walkway / path.
• 3.2.2. The site is not affected by any of the following;

• i) Registered Building.
• ii) Registered Tree or Trees.
• iii) Flooding.

• 3.3. The site is within an area designated as being for 'Open Space for Particular Purposes' Sports Pitch. On the Area Plan for the East, the land is designated as being 'Mixed Use'.
• 3.4. Strategic Plan
• 3.5. The Isle of Man Strategic Plan 2016 contains the following Policies that are considered relevant to the assessment of this planning application:

• 3.6. General Policy 2 states that 'development in accordance with the land-use zoning and proposals will normally be permitted, provided that the development meets the relevant criterion of (a) to (n).

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them.

• 3.7. Chapter 10 of the Strategic Plan deals with new or extensions to sports and recreation facilities. Overall development of such facilities is supported provided it accords with other relevant Policies. Community Policy 7 is relevant because it supports sites having due regard to help prevent crime and anti-social behaviour.
• 3.8. Environment Policy 36 states that where development close to a Conservation Area would cause harm to that Conservation Area, the development proposed, 'will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area.'

• 4. OTHER MATERIAL CONSIDERATIONS 4.1. The Town and Country Planning (Permitted Development) Order 2025, Schedule 1. Part 4, paragraph 46, Class 39 'fences walls and gates outside the curtilage of a dwelling house', (1) The erection, construction, replacement or alteration of fences, walls or gates elsewhere than within, or on the boundary of the curtilage of a dwellinghouse.

4.1.1. Such development is permitted subject to meeting the relevant conditions of subparagraph (2). From the information submitted, those conditions relevant to this application are provided below. Others could be relevant but are an unknown at the time of writing this report (23.06.2025). (a) in the case of the erection or construction of a new fence, wall or gate the height as measured from ground level must not exceed —

• (i) 1 metre, where the fence, wall or gate is adjacent to a highway or private road; and
• (ii) 2 metres, in any other case;

• (d) no gates may open out over the highway or any footpath;

• 4.2. The assessment of this proposal does not include a full assessment of whether the proposal would be permitted development or not. However it is a material consideration. Based on the information submitted, the proposal as submitted would not be permitted development because the gates are proposed swung outwards.
• 5. PLANNING HISTORY

• 5.1. Previous planning history exists in relation to floodlighting and a shelter however none are considered materially relevant in the determination of this application.
• 6. REPRESENTATIONS

• 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.

• 6.2. Local authority

• 6.2.1. Douglas Corporation: - although consulted on the 28.08.2024, as of the date this report has been compiled (23.06.2025) no response has been received and so it is assumed that there are no objections to the application.
• 6.3. Statutory Bodies

• 6.3.1. DOI Highway Services: (30.08.2024) Stated that the proposal is acceptable in principle but certain details should be considered/amended;

• o The fence line should be confirmed to be positioned no further away from the bowling green boundary than the existing bench line.
• o The fence line should be angled in the eastern corner, similar to the existing bench line, so that the footpath maintains similar width throughout its length around the new fence line.
• o The proposed gate should swing inwards towards the bowling green.
• o Therefore, the applicant should reassess the proposals and provide additional information/updated plans where necessary taking account of the points above.

• 6.3.2. Forestry, Amenity and Lands: although consulted on 28.08.2024, as of the date this report was drafted (23.06.2025) no response has been received.
• 6.4. NEIGHBOUR / OTHER COMMENT
• 6.5. Comments can be read in full online, below is a synopsis of the objection.

• 6.5.1. Neighbour objected on the grounds that;

• o The benches provide a communal area, enclosing the benches would remove the community facility that the benches have become over time.
• o No vandalism has been observed.
• o The fence would harm the visual character of the Pavilion and immediate area.
• o Unlike the paths at the side of the bowling green that are narrow meaning that a person might end up on the green, the path between Demesne Road and Grosvenor Road is wide enough for pedestrians to not inadvertently end up on the green.

- 7. ASSESSMENT

• 7.1. The location of the proposed fence and the wider site is not in the Conservation Area however the site abuts a Conservation Area. There are built forms around the site that result in the site being in limited views of the Conservation Area. One such limited view is through an oval archway footway entrance to the site from Grosvenor Road. No harmful impacts on the Conservation Area are observed.

• 7.2. There are no residential dwellinghouses adjacent the proposed fencing and so in that regard no harm to residential amenity is observed.

• 7.3. The pedestrian access connecting Grosvenor Road with Demesne Road is not subject to a Public Right of Way designation, however Highway Services have stated that the route through the site is established, relevant should be protected.
• 7.4. Therefore the key considerations in the determination of the application is whether the proposal would be harmful to the local character and the thoroughfare between Grosvenor Road and Demesne Road.
• 7.5. Impact on the character

• 7.5.1. Adjacent, north of the site, there are tennis courts enclosed by a metal fence of similar construction and colour, but higher than the proposed fence around the bowling green. Visually within the site the fencing would not appear out of place because of the fencing that exists.

• 7.5.2. However it is accepted and observed that when viewing the pavilion and the bowling green in one view, whether walking between Grosvenor Road and Demesne Road or approaching the pavilion or green, the fencing proposed would result in a separation of the two historically and functionally linked sites. In that regard the proposal would harm the overall visual of the site but in the wider visual and character, because of the type of fencing proposed, it would not harm the overall character of the locality and not be a reason for refusal.
• 7.5.3. Therefore the proposal accords with (b), (c), (g), (m) of General Policy 2 in regard to harm to local character. Furthermore the proposal would accord with Community Policy 7.
• 7.5.4. It is observed that enclosing the whole site would better protect the pavilion and the bowling green, therefore the historical site and its purpose. However this would result in the loss of the thoroughfare.

• 7.6. Impact on residential amenity.

• 7.6.1. The neighbour comments are noted and it is accepted that by virtue of the presence of the benches where they are, they will undoubtedly be used by non-users of the bowling green for social interaction purposes. However they are not in themselves sufficiently considered a community asset as to warrant refusal of this proposal.
• 7.6.2. However so far as can be established, the benches are not public benches but are the responsibility and ownership of the bowling green. Therefore enclosure of the benches is not a reason for refusal.
• 7.6.3. Impact on the public thoroughfare.
• 7.6.4. Highway Services have stated that the access route, although not designated a PROW has historically been used over sufficient time as to warrant protection. For that reason the applicant was asked to provide amended plans to ensure that the route was protected and the proposed gate would not swing outwards.
• 7.6.5. The applicant had stated that amended plans would be received however to date none have been received.
• 7.6.6. Because the proposal in principle is considered acceptable, consideration has been given as to whether the proposal could be approved with specific conditions. However, it is considered that the plans are not consistent enough for such a decision. To approve the plans with conditions that did not represent the plans would be inappropriate and contrary to good planning practice; Between the 'Existing Site Plan' and the 'Proposed Site Plan' the position of the proposed fencing is unclear and the gate is shown opening into the pathway.

- 8. CONCLUSION

• 8.1.1. It is acknowledged that by virtue of its existence, the fence between the bowling green and the pavilion would have a harmful impact upon the historic setting of both. However neither are protected as a Registered Building or Conservation Area and; By virtue of the material, scale and design, the proposal is considered to not adversely impact the character of the locality or the wider setting because the type of fencing allows views through the site. Overall the proposal accords with General Policy 2(b), (c), (g) and (m) and Community Policy

• 7.
• 8.2. The supporting statement states that the benches would be enclosed within the fencing however the details submitted are inconclusive as to the line of the proposed fence and distance remaining for the established public thoroughfare.

• 8.3. The application is recommended for refusal because the plans are not sufficiently clear.

- 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.

Decision Made : Refused Date : 04.07.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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