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Application No.: 25/90144/B Applicant: Douglas City Council Proposal: Alterations to No. 4 and 5 Marine Gardens and Queens Gardens including the installation of seating, disabled access, installation of playground equipment, outdoor shower facility, and planting and landscaping Site Address: Marine Gardens 4 And 5 Harris Promenade Douglas Isle Of Man Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 04.07.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
The shelters shall then be erected in accordance with the approved plans and retained thereafter.
Reason: To allow the Department to consider the detailed design and siting of any shelter in the interest of visual amenity and safety along the highway.
The proposals will deliver clear public benefits by providing enhanced play and open space for the community and will improve the quality of the public realm within this part of the Promenade. The design, scale and finish of the proposed play area, public spaces, hard surfacing and associated infrastructure, including the skate park and seating areas, is well
designed and will make a positive contribution to the character and appearance of the area. The design and visual appearance of the proposals will maintain, if not enhance the character and appearance of the Conservation Area. The proposals are considered to comply with Environment Policy 35, Recreation Policy 2 and General Policy 2 of the Strategic Plan.
This decision relates to the following plans and drawings, date stamped received on 7th and 17th February 2025:
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas City Council No objection DOI - Highway Services Objection addressed by condition It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal:
Century Court, Queens Promenade, Douglas Objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact Assessment is required) (A10(2)(b))
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site is split into two distinct portions of public recreation space on the seaward side of Douglas Promenades. Marine Gardens 4 and 5, often referred to as the Sunken Gardens is located on Loch Promenade, whilst Queens Gardens is located further north along the front at Queen's Promenade. The Marine Gardens and Queen's Gardens form a series of important spaces on the promenade, not only as an important part of the public realm but also as the gateway to the Isle of Man upon approach to its historic Bay especially from the Sea Terminal. The gardens offer spectacular views across the coast with iconic vistas such as to the Tower of Refuge. The gardens form part of the main public space for the town centre and yet have seen a steady decline in use over the years. - 1.2 Marine Garden 4 is the larger of the two Marine Gardens being developed and was the garden which faced the majority of the impact from Storm Barra in 2021, with almost all of its historic seaside wall collapsing and the destruction of the play equipment, planting, kiosk and canopy shelter. All of the damaged play equipment was removed and what remains now is a gated area with some amenity grass, benches, raised beds and an unused, unsafe kiosk with shelter. There are existing steps and ramps into the sunken garden which provide access for all users, though the ramps are not compliant with building regulations/DDA guidance. - 1.3 Marine Garden 5, separated from Garden 4 by the public toilets also saw the affects from Storm Barra in 2021, with almost all of its historic seaside wall also collapsing. The impacts from the storm were less severe in this garden with some damage to the planting but not to the seating or other furniture. The garden layout is formed of two formal planting beds with grassed verges running the length of the garden, separated by a single central path. A series of wooden benches line the path, facing the opposing bench. - 1.4 Queen's Gardens is the largest all of three sites and forms a key feature along the promenade as it is the only public green space in this coastal location. Storm surges occur in this location but the impacts have less of an effect. The garden is separated into five green spaces via the pedestrian paths connecting the adjacent road to the promenade walkway and down to the beach itself. The vegetation is mainly amenity grass with pockets of shrub planting and wildflower. A number of metal benches are located at the edge of the garden, facing the sea. Although this optimises the view out, it creates an invisible barrier as people's backs are then facing the garden. There are existing beach huts for hire, public toilets and a drinking fountain at the southern end of the garden which helps form a small focal point. The IRIS Pump House at the centre of the garden is the biggest visual and physical barrier but it provides shelter for users from its external canopy space, and this is often used by sea swimmers as a place to get changed. The local context to this garden is the quieter residential surroundings, the horse tramway and the well-connected accesses to the beach.
2.0 THE PROPOSAL - 2.1 The application seeks permission for various works within the three sites along Douglas Promenade. Regarding each area, the following is proposed:
3.1 The site lies within an area designated as Public Open Space under the Area Plan for the East and as a Principal Traffic Route under the Douglas Local Plan Order 1998. The site is within the Douglas Promenade Conservation Area and is at a high risk of flooding from tidal sources. - 3.2 In terms of flooding and coastal defence works the following policies are pertinent:
3.3 There are a number of policies which are relevant to Conservation Areas: Strategic Policy 4 - indicates proposals must protected or enhance Conservation Areas; Environment Policy 35 - indicates that within Conservation Areas, the Department will only permit development that would preserve or enhance the character and ensure that the special features contributing to the character and quality are protected against inappropriate development; and - 3.4 General Policy 2 of the Strategic Plan is considered applicable, which 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:
3.5 Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space or a recreation 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:
4.1 Section 143 of the Equality Act (2017) places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations.
4.2 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". - 5.0 PLANNING HISTORY
5.1 The following previous planning applications are considered relevant in the determination of the proposed planning application:
5.2 Approval in principle for the erection of male/female and disabled toilet block, Queens Promenade, Douglas - 97/01542/A - APPROVED
5.3 Erection of replacement public toilets, Queens Promenade, Douglas - 98/00937/B REFUSED - 5.4 Erection of building containing public conveniences to replace derelict underground toilet facilities, Marathon Terrace, Queens Promenade - 17/00942/B - Permitted
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Douglas City Council - No objection
DOI Highway Services - Highway Services HDC have reviewed the planning application 25/90144/B details and can comment as follows: On the easternmost Gardens, the seating structures cannot overhang onto the publicly adopted walkway due to maintenance and safety reasons - the seating structures should be positioned solely within the Garden area red-line boundary. If not already, the organisation Sight Matters should be consulted on the proposals for their views in relation to accessibility/inclusion considerations. The Applicant should address the above issues before HDC will not oppose the application.
Registered Building Officer - No objection: This application proposes various alterations to two distinct portions of public recreation space on the seaward side of Douglas Promenades, both within the conservation area.
Firstly, the application proposes landscaping and infrastructure works to no.4 and no.5 Marine Gardens on Loch Promenade (often referred to as the Sunken Gardens). The gardens were created as part of extension works to Loch Promenade in the 1930s. The presence of the landscaped sunken gardens is a key element of the character of this portion of the conservation area. Whilst the works proposed would include level changes to provide access ramps and some alterations to the pathway layouts and areas of planting, I judge that the overall character of the two Marine Gardens, as public gardens at a lower level sitting between the roadway and the sea wall, would be preserved.
The second portion of work is proposed to Queen's Gardens, on Queen's Promenade towards the northern end of the conservation area. These gardens are currently open, with no boundary wall or landscaping, and are generally grassed with a number of palm trees midway between the roadway and seaward walkway. The application proposes to generally retain the open nature of the gardens, although numerous raised landscaping mounds are proposed as well as large boulders. There would also be two areas of decking with a raised seating platform within one of these areas. Finally, the benches on the seaward side of the gardens would have pergolas of some parts. These pergolas appear to be intended to provide shelter to the benches, which is odd given that the usual purpose of a pergola is to provide shade, and no protection from rain or wind. Although I judge the pergolas to be an element that will not serve their intended purpose, overall I consider the character of the gardens as public green space softening the area between the roadway and the seaward walkway to be preserved.
6.2 3 number of representations have been received from 2 members of the public, objecting to the proposals, the reasons for which can be summarised as follows:
6.3 Matters raised in objections that are not material to the consideration of the application:
7.1 The key considerations in the determination of this planning application are the principle of developing the site, and second are the potential visual impacts upon the Conservation Area. PRINIPLE OF DEVELOPMENT
7.2 The three areas subject of the application all fall within land Zoned as being Public Open Space within the Area Plan for the East. Strategic Plan Policy 2 is therefore relevant to the determination of the application.
7.3 Recreation Policy 2 seeks to protect recreational and public open space from loss and degradation. The proposals themselves do not represent any loss of public open space, although it is noted that certain areas will become less accessible to those with more limited mobility, such as the grassed play mounds being proposed.
7.4 At present both Marine Gardens and Queens Garden have limited public benefit and are used relatively informally, although part of Marine Garden 4 is not currently accessible and is closed off, whilst the kiosk remains without an active use. - 7.5 It is considered that the proposed development will deliver an overall enhancement to the existing quality of the areas of public open space, making them more attractive to members of the community and visitors to the town. It is clear that the construction of new play equipment and general restoration of Marine Gardens 4 and 5 following the removal of that damaged in the 2021 storm will benefit young people greatly, as will the new areas of landscaping and open space for general play and recreational use. - 7.6 Benefits to the wider public are also obvious to see, with enhanced hard and soft landscaping proposals making the gardens more accessible and offering pleasant and green walking routes through and around the POS. Areas for resting and socialising along the Promenade will also be increased significantly, benefitting all members of the public and visitors alike. - 7.7 The development represents a policy compliant improvement plan for the application site, which will complement and enhance the provision of play and public open spaces in the town. The development therefore complies with Recreation Policy 2 and General Policy 2 of the Strategic Plan. IMPACTS UPON THE CONSERVATION AREA - 7.8 When considering any development within a Conservation Area the Department has a duty to determine whether such proposals are in keeping with not only individual buildings, 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 (adopted June 2016). 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. The Douglas Promenades CA encompasses a wide range of historic features including a long sweep of frontage properties, incorporating Registered Buildings, the war Memorial and the Sunken Gardens, as well as the wide Promenade walkway itself with the adjacent horse tram service. These features contribute to the long-established character and appearance of the CA, which strongly resonates a seaside resort within the immediate setting of Douglas Bay. - 7.9 Regarding those works to Marine Gardens 4 and 5, it is pertinent to note that a key element of the contribution made to the character and appearance of the Conservation Area is the sunken nature of the gardens, set between the sea wall and main highway along the promenade. The gardens are enclosed by stone walling and have element of soft landscaping. That said, the appearance of both areas is somewhat dated and tired and rejuvenating the gardens, which will include a high degree of hard and soft landscaping, will bring about increased use by the public which is a key part of their heritage value. - 7.10 The proposals include the provision of new access ramps to the sunken gardens, which will provide betterment for those individuals with restricted mobility and parents with push chairs etc. as the ramps will become Building Regulation and DDA compliant, which they currently fail to achieve. - 7.11 The proposed play equipment has been carefully selected to deliver a range of activities, including climbing structures, a slide and general play area. The new structures will be constructed from timber, and have a general nautical style theme. The overall height and massing of the new built play equipment is limited and is not considered to represent an unsightly or dominant features within the Conservation Area. The overall design, scale and
impermeable surfacing. Flood risk is not considered to be a reason for resisting the development in this instance, particularly given the existing use of the site.
8.1 The application proposes the redevelopment of Marine Gardens 4 and 5 and Queen's Garden, which are areas of public open space located along the Promenade on Douglas sea front.
8.2 The proposals will deliver clear public benefits by providing enhanced play and open space for the community and will improve the quality of the public realm within this part of the Promenade.
8.3 The design, scale and finish of the proposed play area, public spaces, hard surfacing and associated infrastructure, including the skate park and seating areas, is well designed and will make a positive contribution to the character and appearance of the area. The design and visual appearance of the proposals will maintain, if not enhance the character and appearance of the Conservation Area.
8.4 The proposals are considered to comply with Environment Policy 35 and General Policy
2 of the Strategic Plan and it is recommended that planning permission be granted.
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:
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):
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 a Principal Planner 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: 08.07.2025 Determining officer Signed : A MORGAN Abigail Morgan Principal Planner
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