11 October 2024 · Delegated
Sea Terminal, Victoria Pier, Douglas, Isle Of Man, IM1 2bx
Permission was granted for the erection of a tent, access lanes, and signage on Circus Beach at the Sea Terminal, Douglas, to create a purpose-built customs area with search bays. The site forms part of the Douglas Outer Harbour area currently used for trade vehicle parking and as a through route for arrivals within an existing fenced security zone. The main planning considerations were whether the development was appropriate in principle for this harbour location and whether its design and visual impact were acceptable. Both were judged to be satisfactory. The application was decided under delegated powers on 11 October 2024 and was approved subject to two conditions.
The application was approved on 11 October 2024. The key planning considerations were the principle of development in this harbour location and the design and visual impact of the proposed structures. Both were found to be acceptable.
Efficient use of land and resources
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Protection and enhancement of principal gateways to the Island
Strategic Policy 6: Major employment -generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans. 4.4.2 To maintain a healthy and diverse economy, there needs to be sufficient land available for industrial, office and retail purposes. Accordingly:
General Development Considerations
design and visual impact
General Policy 2: 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. 6.3 Development outside of areas zoned for development
Development adjacent to Conservation Areas
design and visual impact
Environment Policy 36: Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area. 7.31 Advertisements in Conservation Areas 7.31.1 Some advertisements found and proposed in Conservation Areas are inappropriate and do not reflect the special character and designation of the area. The design of advertisements should respect the physical appearance of the premises in order to integrate re adily with its surroundings. Traditional details, hanging signs and hand painted signage are most appropriate and will be encouraged.
Designed to respect the character and identity of the locality
design and visual impact
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
Development in harbours
Transport Policy 13: Development in or around harbours should neither compromise the ability of the harbour to accommodate other commercial or recreational users in a viable manner, nor be detrimental to the character of those harbours of historic interest.
Condition 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Condition 2
The customs and search bay structure hereby approved shall be maintained to a high standard of visual appearance, including remaining weathertight and watertight at all times. If at any point the structure becomes damaged, ripped or torn, works must be undertaken to repair the structure within 1 week of such damage having occurred. Should the structure become damaged or structurally unsound beyond reasonable repair, it must be replaced with an identical structure within 4 weeks of such damage/structural deficiency having occurred. Should the need for the structure no longer remain in accordance with its approved purpose, it shall be dismantled and removed from the site immediately. Reason: In the interests of visual amenity and to safeguard the character and appearance of the wider locality.