DEC Officer Report

Application No.: 22/00866/B Applicant: Douglas Borough Council Proposal: Reinstatement of pole with weather vane on top in the same position as removed pole Site Address: Municipal Gardens Derby Square Douglas Isle Of Man IM1 3LS Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.10.2022

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 and Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01.

Plans/Drawings/Information;

This approval relates to the documents and drawing no. E&R.22.044.1001 Rev A; E&R.22.044.1002 Rev A; E&R.22.044.1003 Rev A which have been received on 18th July 2022.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is Derby Square, Douglas, a public garden south of Derby Road.

2.0 THE PROPOSAL - 2.1 The proposed is the installation of a weather vane on a pole.

3.0 PLANNING HISTORY - 3.1 Registered Building Consent for removal of a mast (retrospective) was APPROVED under PA 20/01276/CON.

4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. - 4.2 The Area Plan for the East contains the following policies that are considered materially relevant to the assessment of this current planning application:

• o Section 6.7
• o Paragraph 6.7.2
• o Urban Environment Proposal 2

4.3 The site is within the Windsor Road Conservation Area. Strategic Policy - 4.4 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

• o Strategic Policy 4 (a), 5
• o General Policy 2 (b) (c) (g) (h) (i) (m)
• o Environment Policy 35
• o Community Policy 7

PPS and NPD

4.5 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.

5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".

6.0 REPRESENTATION - 6.1 Douglas Borough Council has not commented at the time of the report (02.10.2022). - 6.2 DoI Highway Services does not object to this application (04.08.2022). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking.

7.0 ASSESSMENT Conservation Area Statutory Test - 7.1 The weather vane is a traditional element that used to be a positive contribution to the character of the area. Therefore, the proposal is considered to enhance the character of the area and pass the test.

• Elements of Assessment
• 7.2 The key consideration in the determination of the application is its impact on the character and appearance of the conservation area. Character and Appearance of the Conservation Area
• 7.3 As mentioned in 7.1, it is considered that the proposal would enhance the character and appearance of the Conservation Area.

8.0 CONCLUSION - 8.1 The proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01. Therefore, it is recommended for an approval.

9.0 INTEREST PERSON STATUS - 9.1 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.

9.2 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 can confirm that this decision has been made by a Principal Planner 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: 12.10.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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