DEC Officers Report

Written Statement Of The Planning Authority ### Reference: ### Application 14/00630/B Site - St. Thomas' Church of England Primary School, Finch Road, Douglas, Isle of Man 1M1 2PL Proposal - Erection of replacement boundary fence and gates Applicant - Department of Education and Children ## Introduction 1. A planning application has been made for replacement boundary fencing and gates at St. Thomas' Church of England Primary School, Finch Road, Douglas. The land is owned by the Department of Infrastructure. Since the Planning Authority sits within the Department of Infrastructure, it is unable to determine the application itself. It is important that there is no perception of bias in the decision making process and so the application will be decided by the Council of Ministers instead. 2. This written statement has been prepared on behalf of Planning and Building Control, Department of Infrastructure, to assist the Inspector make a recommendation to the Council of Ministers on what decision it should take on the applications. The statement includes the following information: - A description of the application site and proposals; - Summary of any relevant planning history; - List of the policies that the Planning Authority believes is relevant to the application; - Summary of representations received by the Planning Authority; - An assessment of the main issues relevant to the determination of the applications, as offered by the planning officer; and - A list of suggested conditions if the applications are approved. ### Description of the Application Site 3. The application site is St. Thomas' Church of England Primary School, Finch Road, Douglas, Isle of Man. The site is situated to the east side of Finch Road just to the west of the main town centre. The site backs onto Market Street to the rear which is on much lower ground. The school playground is at the rear and because of the change in levels is actually on top of a shop unit facing Market Street. 4. There is existing safety and security fencing around the perimeter of the school. The application relates to the existing fencing and gates. 5. The front of the site next to Finch Road is situated within the Douglas Promenades Conservation Area. A plan showing the extent of the Conservation Area is attached. ### Description of the Proposal 6. The application seeks planning approval for the erection of new boundary fencing and gates to replace the existing. The fencing would be the same height as the existing at 2.8 metres in height. The fencing and gates would be finished in black. ## Summary of Relevant Planning History 7. There is a history of previous planning applications dating at least as far back as 1985, however, none of them are considered of particular relevance to the current planning application. ### Summary of Relevant Planning Policy 8. The area is recognised as being in mixed use (education/retail) by the Douglas Local Plan 1998. 9. The following planning policies in the Isle of Man Strategic Plan 2007 are considered relevant to the the planning application: General Policy 1: 'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.' General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant: '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; 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; (1) 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.' Environmental Policy 35: 'Within Conservation Areas, the Department will permit only development which 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.' 10. Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area. ## Summary of Consultation Responses 11. The Planning Authority has received a number of representations, the comments in which have been summarised below. A copy of the original representations is provided with this statement. Douglas Borough Council - no objection Highway Service - no objection Manx Utility Authority - advisory note. ### Consideration of the Main Issues The effect of the proposal on the character and appearance of the Conservation Area 12. The new fencing and gates would replace the existing, which are in poor repair in some places. The new fencing and gates would be smarter than the existing and it is considered that the character and appearance of the area would be enhanced. The effect of the proposal on the amenities of the area 13. It is considered that the proposals would not have an adverse impact on the amenities of the area. There would be no greater impact than the existing fencing and gates. Access and public safety 14. The proposal does not raise any highway issues or concerns. List of Suggested Conditions 15. The following condition is suggested without prejudice if the application is approved. Planning application 14/00369/B: C1 - 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. ## Conservation Area Boundary ## Copy of Representations THE DOUGLAS PROMENADES CONSERVATION AREA Map referred to in the Douglas Promenades Conservation Area Order 2002 Made this 9th day of August 2002 Minister for Local Government and the Environment Minister for Local Government and the Environment Department of Local Government and the Environment 240555