DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91024/B Applicant: Public Estates and Housing Division Department of Infrast... Proposal: Erection of tent, access lanes and signage on circus beach to facilitate a purpose-built customs area with search bays. Site Address: Sea Terminal Victoria Pier Douglas Isle Of Man IM1 2BX Senior Planning Officer: Jason Singleton Recommended Decision: Permitted Date of Recommendation: 04.10.2024 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 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.

This application has been recommended for approval for the following reason.

The proposed development is acceptable in principle by way of providing necessary associated infrastructure in connection with the Port's operations, without detriment to the visual amenities of the site immediate setting or the adjacent Conservation Area. The development is therefore in compliance with Spatial Policies 1 and 6, General Policy 2, Environment Policies 36 and 42 and Transport Policy 13 of the Strategic Plan (2016), together with aligning with the key objectives of the Area Plan for the East (2020).

Plans/Drawings/Information;

Received 2/9/24; Location Plan and Site Plan 100 A Proposed General Arrangement 101 C Proposed Lay out of New Customs Area 102 D Vehicle Tracking 103 D Vehicle tracking 105 B _______________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal as they have not objected: DoI - Highways Services Douglas Council ___________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises a portion of the Douglas Outer Harbour area located to the south-west of the Sea Terminal and currently used as trade vehicle parking and through route for arrivals to outside of the secure area leading onto the public highway. The application site is within an existing fenced off security area for departures and through lane for arrivals.

2.0 THE PROPOSAL - 2.1 Proposed is the erection of tent, access lanes and signage to facilitate a purpose built customs area with search bays. - 2.2 The tent would consist of a metal structure with a fabric covering, white UPVC cladding on the western elevation and UPVC framed windows on the eastern elevation. The western portion of the structure would be enclosed with cladding on the north and south elevations, with the eastern portion to remain open allowing vehicular traffic to pass through. The structure would measure 20.46m in length and 10.122m in width, with an eaves height of

• 4.16m and ridge height of 7.5m.

2.3 The siting would be located to the east of the weighbridge and a new route, marked on the ground diverting traffic through the new customs tent before exiting to the highway. The existing area is used as the departure lane and vehicle parking area.

- 3.0 PLANNING HISTORY

3.1 22/01559/B - Erection of tent access lanes on circus beach to facilitate a purpose built customs area with search bays. Approved with condition;

"The customs and search bay structure hereby approved shall be maintained to a high standard of visual appearance, including remaining weather tight 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".

- 4.0 PLANNING POLICY

4.1 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy

• 1 Efficient use of land and resources
• 2 Priority for new development to identified towns and villages
• 3 To respect the character of our towns and villages

• 5 Design and visual impact Spatial Policy

• 1 Priority to Douglas for development

6 Protection and enhancement of principal gateways to the Island General Policy

• 2 General Development Considerations Environment Policy

• 10 Flood risk
• 11 Coastal development 36 Development adjacent to Conservation Areas 42 Designed to respect the character and identity of the locality

Transport Policy

• 4 Highways safety 13 Development in harbours

4.2 Area Plan for the East (2020) One of the key objectives of the Area Plan is to support and implement the National Infrastructure Strategy (2017) and the Harbours Strategy (2018), both of which are also material considerations in the determination of this application. The site forms part of the Maritime Gateway Mixed Use Area, with the corresponding proposal in the Area Plan stating that there will be a presumption in favour of improvement of and development proposals for port and harbour purposes. - 4.3 National Infrastructure Strategy (NIS) (2017) The following points from the NIS are of particular relevance with respect to this application:

• - Recognising the strategic importance of Douglas Harbour in particular, the Department of Infrastructure is considering a number of options for further improvements to Douglas Outer Harbour which will provide more economic development opportunities. This will form part of the Harbours Maritime Strategy which is currently being prepared;
• - Tourism is likely to remain an important element of the Island's economy and consideration may need to be given to what infrastructure might be required to accommodate this. This may include enhanced harbour and marina facilities to broaden the appeal of the Island;
• - The most likely driver for change at the Islands ports, harbours and airports is the onIsland economy. Off Island travel is essential for economic success whether it is bringing goods to and from the Island, people flying for business or those coming to visit the Island on holiday there is a need to be able to accommodate this;
• - There is a commitment in the Programme for Government to "Prepare a Harbours Maritime Strategy for the Island to include the exploration of the feasibility for a deep water berth and the ability to bring forward a non-tidal marine by end 2026". This report will consider each of the Island's harbours in terms of their constraints and opportunities / aspirations which could be realised at each harbour in the future. In terms of Douglas this will also consider the

future infrastructure to ensure it remains fully operational. This may require a significant level of investment in the future.

4.4 Harbours Strategy (2018) - provides general information on opportunities available to upgrade and enhance the Douglas Outer Harbour Area and the Marina. - 4.5 Schedule 1 of the Town and Country Planning (Permitted Development) (Government Owned Land) Order 2012, relating to Douglas Outer Harbour, is also of relevance and material with respect to the determination of this application.

- 5.0 REPRESENTATIONS

5.1 Douglas City Council - No objection (13/09/24)

5.2 Highways Services - (30/09/24) "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as any lost parking spaces for the new customs shed can be relocated elsewhere in the yard". - 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are as follows:

• - Principle of development (SP1 & 2, 6, TP13 & Area Plan for the East)
• - Design and visual impact (STP5, GP2, EP36, 42)

PRINCIPLE

6.2 This proposal is almost identical to the former application (22/01559/B) but is located in a different area within the wider operating site. The agent notes; "This Application is for a relocation of the previously approved tent, not a second one. There were unforeseen issues with the previous location relating to loss of parking for both cars and trailers at the port, the revised proposal is to relocate the previously approved structure to the trade car lane to minimise the impact to the ports authority."

6.3 The proposed siting of the tent is within the fenced off area that forms part of Douglas Harbour, a principal gateway to the Island. The land use designation here (mixed use) in the Area Plan for the East (2020) helps ensure that there is a presumption in favour of improvement of, and development proposals for port and harbour purposes. - 6.4 The proposed works would facilitate a new customs and search area, with dedicated lanes for arriving vehicular traffic to the Island, whilst improving the general layout and flow of the port operations and supported through SP6 for its enhancement of use. - 6.5 The proposals would further enhance and facilitate the running of port operations taking place for arrivals and therefore gain further support from the National Infrastructure Strategy (2017) and the Harbours Strategy (2018). In particular, the necessity of the Port having a dedicated customs facility has become more pronounced since the implementation of the United Kingdom's departure from the European Union, and the need for regular searches on new arrivals; particularly those coming from the Republic of Ireland (Dublin) but also spot checks from inbound arrivals from the UK; i.e. Belfast, Liverpool and Heysham. - 6.6 As such the above proposal, like the previous application are therefore considered to be acceptable in principle. DESIGN AND VISUAL IMPACT - 6.7 Like the previous application that was approved, the most visually prominent aspect would be the new customs 'tent' including the search bays. Whilst glimpses of the tent would be available from outside of the site, these would be read in the wider context of the function

• of the site as a working harbour and port with the heavy presence of commercial vehicles and trailers.
• 6.8 The proposed structure would however be more noticeable upon the wider harbour area and would be introducing an element of development where at present there is none. This would be one of the first structures visible to inbound arrivals to the Port following disembarkation. That said, the structure is not considered to be unduly intrusive from a visual perspective, whilst serving a necessary and practical function which presently does not exist. In any case, interaction with the structure from inbound arrivals would be fleeting, and be read within the context of the Port's wider operational facility.
• 6.9 No concerns are raised over the new access lanes and associated infrastructure, which as previously noted would contribute to the necessary function of the new customs area, whilst providing a general visual improvement. Unlike the previous application there is no security fencing being proposed here as the site is within the existing secured fenced off area.
• 6.10 In light of the above, the development is considered acceptable from a design and visual impact perspective, in compliance with General Policy 2, and Environment Policies 36 and 42 of the Strategic Plan.

- 7.0 CONCLUSION

7.1 The proposed development is acceptable in principle by way of providing necessary associated infrastructure in connection with the Port's operations, without detriment to the visual amenities of the site immediate setting or the adjacent Conservation Area. The development is therefore in compliant with Spatial Policies 1 and 6, General Policy 2, Environment Policies 36 and 42 and Transport Policy 13 of the Strategic Plan (2016), together with aligning with the key objectives of the Area Plan for the East (2020). - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 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).

8.2 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.

8.3 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. - 8.4 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. _____________________________________________________________________

I can confirm that this decision has been made by the Acting 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: Permitted Date: 07.10.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.