Decision Notice

Mr Stephen Halsall Operational Service Centre Isle of Man Business Park Braddan IM4 2QY

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Douglas City Council, Ref 25/90144/B, for the 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 at Marine Gardens 4 And 5 Harris Promenade Douglas Isle Of Man .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 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.

• 2. The development shall be completed in accordance with the materials as indicated on the approved drawings and within the approved Design and Access Statement dated January 2025. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. No seating shelter shall be constructed within Queens Garden until details of the siting, design, scale and materials of any shelter have been submitted to and approved in writing by the Department.

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.

This decision relates to the following plans and drawings, date stamped received on 7th and 17th February 2025:

• E&R.23.004.1001 MARINE GARDENS 4 AND 5 LOCATION AND SITE PLAN.
• E&R.23.004.1002 QUEENS GARDENS LOCATION AND SITE PLAN.

• P01 Existing Plan Marine Garden 4
• P02 Existing Plan Marine Garden 5
• P03 Existing Plan Queen's Gardens
• P04 General Arrangement Plan Marine Garden 4
• P05 General Arrangement Plan Marine Garden 5
• P06 General Arrangement Plan Queen's Gardens

• SE01 Marine Garden 4 - Section A
• SE02 Marine Garden 4 - Section B
• SE03 Marine Garden 5 - Section A
• SE04 Marine Garden 5 - Section B
• SE05 Queen's gardens - Section A
• SE06 Queen's gardens - Section B
• SE07 Queen's gardens - Section C

• 250109_TPS_REVB_IOM_3D-00
• 250109_TPS_REVB_IOM_3D-01
• 250109_TPS_REVB_IOM_3D-02 Design and Access Statement

This decision has been made for the following reasons(s) 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.

Date of Issue: 10th July 2025

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

•  if an appeal is submitted until the appeal is determined or withdrawn; or
•  if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal