DEC Officer Report

Application No.: 21/00688/B Applicant: Manx Utilities Authority Proposal: Installation of replacement boundary fencing and walls with additional flood protection Site Address: Power Station Pulrose Road Douglas Isle Of Man IM2 1AD Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.12.2021 _________________________________________________________________

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. This application is considered to comply with General Policy 2, Environment Policy 10 and Energy Policy 1 of the Strategic Plan.

Plans/Drawings/Information;

This approval relates to the submitted documents, Design and Access Statement, Environmental Appraisal Report and drawing no. 10-00, 10-01 Rev B, 12-01, 12-02 Rev D, as having been received on 16th June 2021.

Interested Person Status

Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

DoI Flood Risk Management Division _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the industrial curtilage of the Pulrose Power Station located on the north of Pulrose Road. The west of the boundary is on Groves Road and the east boundary is River Douglas.

2.0 THE PROPOSAL - 2.1 Proposed is the replacement of security fencing approx. 3m tall on the south, west and north boundary and the replacement of flood defence wall on the south.

3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.

4.0 PLANNING POLICY - 4.1 In terms of local policy, the site lies within an area designated as Industrial in the Area Plan for the East. The site is within an area with a High Risk Flood Zone (River). The majority of it is also within a High Likelihood Surface Water Flood Zone. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: - 4.3 General Policy 2 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:

• (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;

• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highways users, together with adequate parking, servicing and manoeuvring space;
• (i) 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."

4.4 Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission." - 4.5 Energy Policy 1 States: "Proposals for the provision of energy supply facilities or development arising as incidental to such facilities will be expected to comply with all other policies of this Plan to ensure that any

effect on the environment is minimised whilst ensuring that the community's needs for energy are satisfied."

5.0 REPRESENTATION - 5.1 Douglas Borough Council has no objection to this application (02/07/2021). - 5.2 DoI Highway services do not oppose this application (01/07/2021). The comment states there is no significant negative impact upon highway safety, network efficiency and/or parking. - 5.3 DEFA Fishery Division wrote in (21/07/2021) requesting additional information regarding details of the proposed work method. - 5.4 DEFA Fishery Division has no objection to this application (21/09/2021) after information was submitted to them from the agent. - 5.5 DoI Flood Risk Management Division states they do not object to this application (01/10/2021).

6.0 ASSESSMENT - 6.1 The main concerns for this application are its impact on the character and landscape of the area and its impact on community security. - 6.2 The fence is of industrial appearance and the area is designated as industrial, so it fits into the surrounding environment. - 6.3 The proposed fencing and flood defence wall is intended to improve the security of the main source of electricity supply for the Island. It would also increase its ability to withstand flooding and benefit every community on the island.

7.0 CONCLUSION - 7.1 The proposal is considered to comply with General Policy 2, Environment Policy 10 and Energy Policy 1 of the Strategic Plan. Therefore, it is recommended for an approval.

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 which 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.

8.3 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 Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management 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

Decision Made : Permitted Date : 10.12.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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