DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01470/B Applicant: Mr Marc Marshall Proposal: Installation of galvanised steel staircase to create secondary access to inner harbour pontoon from adjacent car park at the bottom of Fort Anne Road. Site Address: The Tongue Douglas Isle Of Man Planning Officer: Hamish Laird Photo Taken: 01.03.2024 Site Visit: 01.03.2024 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 27.03.2024

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.

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 Inner Harbours operations, without detriment to the visual amenities of the site, its immediate setting, or on the character and appeared of 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).

Plans/Drawings/Information; The development shall be carried out in accordance with the submitted plans and drawings datestamped received 13th December, 2023.

Interested Person Status

Additional Persons None

Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.

1.00 THE SITE - 1.1 The site comprises the end part of The Tongue which projects out into the River Douglas and is located on the south side of the inner harbour close to the South Quay and its attendant car park. It connects the harbour-side to the boat mooring pontoon. The site lies within the settlement boundary for Douglas.

2.0 THE PROPOSAL - 2.1 The full planning application proposes the creation of secondary access to inner harbour pontoon from The Tongue. An unpainted galvanised steel staircase would be installed enabling pedestrian access from the car park at the existing wall. The staircase would align with the existing concrete access ramp. A lockable gate would be installed at the bottom of the ramped access. A minimal amount of the existing harbour-side fence would be removed to allow for installation. - 2.2 The height of the development would be approx. 4.6m deep between The Tongue wall and inner harbour. The extent of the development would be 6.0m wide. The height of the containing fencing above the car park wall would be 1.2m. Steel mesh would be applied to the fencing and gate containing the new access ramp. The galvanised steel, mesh covered lockable gate would be 1185mm wide set in a 1470mm wide aperture and 1200mm high.

3.0 SITE HISTORY - 3.1 02/01904/B - Reclamation of harbour area to form boat park and slipway - Permitted 12/3/2003. - 3.2 05/01642/B - Installation of floating pontoon berths to second phase of Marina Development - Permitted - 24/11/2005. - 3.3 Creation of Marina Facilities, Inner Harbour, Douglas. Permitted - 9/6/99.

4.0 PLANNING POLICIES - 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 In the Area Plan for the East Policy advice contained at Paragraph 9.10.9 indicates: "Town Centre - Mixed Use Proposal 6 There will be a presumption in favour of improvement of and development proposals for port and harbour purposes. Some ancillary and incidental tourist and food and drink uses that support the primary role of the area as a Port will be acceptable. As this area lies partly within the Douglas North Quay Conservation Area, development plans should pay regard to the Conservation Area Character Appraisal for Douglas Promenades." - 4.5 Harbours Strategy (2018) - provides general information on opportunities available to upgrade and enhance the Douglas Outer Harbour Area and the Marina. - 4.6 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 Council (4/1/24) No objection. - 5.2 Highways Services (22.12.23) - advises that it has no highway interest in application 23/01470/B. - 5.3 Flood Management Division - do not oppose (02.01.24) - 5.4 DEFA Fisheries Directorate (16/1/24) - no objections. - 5.5 Manx Utilities Authority - no response received at the time of writing the report.

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, TP13 & Area Plan for the East)
• - Design and visual impact (STP5, GP2, EP36, 42)
• - Other matters (EP10, 11, TP4)

- 6.2 PRINCIPLE

• 6.2.1 The site forms part of Douglas Inner Harbour, and this location is represented by the wall at the eastern end of The Tongue adjoining a pontoon, and adjacent car parking area to the south bounded by South Quay. Douglas Harbour, which is the gateway to the Island, is required to be protected and enhanced in accordance with Spatial Policy 6 of the Strategic Plan (2016). Mixed Use Area 7 - 'The Quayside' of the Area Plan for the East (2020) (See Proposals Map 5 Douglas Town Centre) further adds that there will be a presumption in favour of improvement of, and development proposals for port and harbour purposes.
• 6.2.2 The proposed works would facilitate pedestrian entry and egress onto the pontoon form The Tongue and adjoining South Quay Car Park to which boats are moored and would improve the general layout and flow of access to the boat mooring. The proposals also seek to improve security measures at this point of entry onto the pontoon. The proposals are therefore considered to be acceptable in principle.
• 6.3 DESIGN AND VISUAL IMPACT

• 6.3.1 The most visually prominent aspect of the proposals relates to the new fencing. The extent of the development would be 6.0m wide. The height of the containing fence above the car park wall would be 1.2m. Steel mesh would be applied to the fencing and gate containing the new access ramp. The galvanised steel, mesh covered gate would be 1185mm wide set in a 1470mm wide aperture and 1200mm high. The works proposed are considered to be small in scale and would only affect the area in which they are sited, without resulting in a wider visual impact or appearing as intrusive in the wider harbour area. Therefore, their overall visual impact would be limited.
• 6.3.2 The site lies outside of the Douglas North Quay Conservation Area, the nearest boundary of which is located to the north on the opposite side of the harbour, although it sits within close proximity to it. Nevertheless, the general improvement of the site via the erection of the staircase leading to the creation of a secondary access to the inner harbour pontoon would amount to an overall visual improvement and, therefore, would not result in any detrimental visual impact upon the setting of the adjoining Conservation Area. The fencing represents a low-key form of construction which reduces its visual prominence.
• 6.3.3 The structure would however be more noticeable from the wider harbour area to the east, although it would largely be screened from views from that direction by the pontoon and the boats moored alongside it. The presence of these vessels, with their masts, guy lines, and booms, would assist in minimising any visual impacts when viewed from the direction of the Millennium Lifting Bridge, which separates the inner harbour from the ferry port.
• 6.3.4 No concerns are raised over the use of the existing access from the adjoining South Quay Car Park, and the new staircase, fencing and access ramp would assist in providing a general visual improvement and 'tidy-up' of the site. The most intrusive element of the associated infrastructure is likely to consist of the 1.2m high security/safety fencing which would be employed. Such infrastructure is, however, necessary as part of the site's wider functionality, and indeed would constitute permitted development in any case in accordance with Schedule 1 of the Town and Country Planning (Permitted Development) (Government Owned Land) Order 2012.
• 6.3.5 In light of the above, the development is considered acceptable from a design and visual impact perspective, in compliance with the provisions of General Policy 2, and Environment Policies 36 and 42 of the Isle of Man Strategic Plan 2016.

- 6.4 OTHER MATTERS

• 6.4.1 No objections have been raised by the Flood Management Division and Highways Services with respect to the development proposals, nor have any conditions been recommended in the event that planning permission is granted.
• 7.0 CONCLUSION

7.1 The proposed development is acceptable in principle by way of providing necessary associated infrastructure in connection with the Inner Harbours operations, without detriment to the visual amenities of the site, its immediate setting, or on the character and appeared of 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 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department
• of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status) -

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 08.04.2024

Signed :H LAIRD Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.