Dept Decision and Inspector's Report

Cabinet Office

Received $O_{A}$

22 AUG 2014

Cabinet Office

Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Will Greenhow ACMA 19th August 2014

Our Reference : DF14/0027 Planning Secretary Department Of Infrastructure Planning and Building Control Division Murray House Mount Havelock Douglas Dear Sir/Madam,

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013

PA Ref: $\quad 14 / 00630 / B$ Applicant: Department Of Education And Children Proposal: Erection of replacement boundary fence and gates Address: St Thomas' Church Of England Primary School Finch Road Douglas Isle Of Man IM1 2PL

In accordance with the Article 9 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

The application has been approved subject to the following condition(s);

1. The development hereby approved shall commence before the expiration of four years from the date of this decision notice.
2. The development hereby approved shall not be carried out except in accordance with the following drawings: Drwg Nos P-01 and P-02 received on 21 May 2014.

In accordance with article 10(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance)

The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting http://www.gov.im/categories/planning-and-building-control/planning-developmentcontrol/department-applications/departmental-applications-decisions/ or by contacting the office of the Chief Secretary for a hardcopy (Tel 685204).

Yours faithfully,

Crown Division Government Offices Douglas Isle of Man 1 August 2014 To the Council of Ministers Case Reference: DF14/0027 Planning Application: 14/00630/B Application by the Department of Education and Children for the removal of the existing boundary playground fence/gates, and the installation of new replacement boundary playground fence/gates at St Thomas' Church of England Primary School, Finch Road, Douglas

1. I have the honour to report that on 22 July 2014 I carried out a site visit at the above location. The case is being made by written representations.
2. St Thomas' School occupies land owned by the Department of Infrastructure. For that reason, the application has to be determined by the Council of Ministers, not the Planning Committee.

Site Description And The Proposal

1. St Thomas' School lies close to the town centre of Douglas. Immediately to the north is St Thomas' Church. To the south is a multi-storey car park. To the west is Finch Road, and to the east is Market Street. Because of the differences in levels across the site, the school's playground is elevated above Market Street. Indeed, a large part of the playground is on the flat roof of a Market Street shop trading as "M \& Co".
2. At present, the playground is enclosed by a chain link fence 2.8 m high. There are 2 gated entrances, to the north and south of the main school building. The gates are slightly lower than the chain link fence. Generally, the condition of the fence is poor. It is rusty and distorted in places, and it has a neglected appearance.
3. The Department of Education and Children proposes to replace the fence and gates with a Zaun Duo Sports Perimeter Fence with Duo6 Mesh infill panels. The mesh pattern would be $200 \mathrm{~mm} \times 50 \mathrm{~mm}$. The fence would be the same height $(2.8 \mathrm{~m})$ as the existing fence and it would incorporate 2 access gates in the same positions as the existing gates. The fence and gates would be galvanised and powder-coated in black.
4. The main school building, fronting onto Finch Road, is situated within the Douglas Promenades Conservation Area. The playground to the rear of the school, fronting onto Market Street, is just outside the conservation area's boundary.

Representations Received

1. Douglas Borough Council does not object.
2. Highway Services do not object.
3. The Manx Utility Authority has not objected, but has submitted an advisory note.

Advice From The Department Of Infrastructure'S Planning And Building Control Division

1. In the Douglas Local Plan 1998, the site is shown as lying within a Mixed Use area described as "education/retail".

1. Relevant policies in the Isle of Man Strategic Plan (IoMSP) include General Policy 2 (which lists general criteria for development that accords with the land-use zoning), and Environmental Policy 35 (which seeks to preserve or enhance the character or appearance of conservation areas).

Assessment

1. In my view, the main issue in the consideration of this application is the visual effect of the proposed fence and gates on the street scene in Market Street and Finch Road, with particular reference to the character and appearance of the Douglas Promenades Conservation Area.

1. The existing chain-link fence around the playground is rusty, damaged and unsightly. Because much of the playground is above a shop I estimate that, in some places, the top of the fence is about 7.5m above ground level. It is therefore a prominent and eye-catching feature. Its presence cannot be disguised, and its deteriorating condition has a negative effect on the character of the surrounding area.

1. The proposed fence, although the same height as the existing, would be of much better quality and, to my mind, would give the school site a more cared-for appearance. This would have a positive visual effect on the street scene in Market Street and Finch Road. Criteria (b) and (c) of General Policy 2 of the IoMSP require developments to respect their surroundings and to leave the character of the townscape unharmed. In my opinion, the proposed fence, and the 2 gates incorporated into it, would meet those requirements.

1. Furthermore, I am satisfied that the proposed fence and gates would preserve and enhance the character and appearance of the Douglas Promenades Conservation Area within which some of the school lies. There would therefore be compliance with Environment Policy 35 of the IoMSP.

1. Overall, I consider that the proposal is acceptable and planning approval should be granted.

Recommendation

1. I recommend that planning approval be granted for the removal of the existing boundary playground fence/gates, and the installation of new replacement boundary playground fence/gates at St Thomas' Church of England Primary School, Finch Road, Douglas, as shown on Drwg Nos P-01 and P-02 received on 21 May 2014, subject to the following condition:

1) The development hereby approved shall commence before the expiration of four years from the date of this decision notice.

Ruth MacKenzie BA(Hons) MRTP

Independent Inspector