Loading document...
Applicant: Mrs Lisa Leo Proposal Erection of 6 timber beach huts with decking and removable access ramp Site Address Land South West Of Toilet Block Marathon Terrace Queens Promenade Douglas Isle Of Man IM2 4NH Case Officer : Mr Peiran Shen Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 09.12.2022
C : Conditions for approval N : Notes attached to conditions
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.
Reason: The structures have been approved solely to meet an identified need and their subsequent retention would result in an unwarranted intrusion along the promenade.
This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2, Environment Policy 35 and Recreation Policy 2 of the Strategic Plan and Urban Environment Proposal 2 of the Area Plan for the East.
Plans/Drawings/Information;
This approval relates to the documents and drawing no. LL-02 Rev A which have been received on 26th April 2022, drawing no. LL-01 Rev B, which has been received on 15th November 2022 and planning statement which has been received on 2nd February 2023.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
85 Spectrum Apartments, Central Promenade, Douglas
are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. ________________________________________________________________
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
---------After the deferral proposed by the planning committee on the 19th December 2022. The applicant has provided an operation statement. The huts will be open from 10:00 to 18:00 between April and October with extended time to 21:00 when there is firework display on the Promenade. They will be rented on a day to day base. These operation details are conditioned to protect the amenity of the area.
The applicant has also stated that the huts can be rented out for community event such as a small Christmas market. This can be taken under Class B of the TOWN AND COUNTRY PLANNING (PERMITTED DEVELOPMENT) (TEMPORARY USE OR DEVELOPMENT) ORDER 2015.
The huts will have storm protection board on the front elevation between November and March to protect them from the weather. A sample colour scheme has also been provided. A condition is set for the applicant to receive written approval for the external colour scheme of the hut.
Douglas Borough Council has also sent in additional comment explain the Council support the huts as an added attraction to the Promenade area and fit in with future plan to encourage more use of the beach and the Promenade.
1.0 THE SITE - 1.1 The site is the land southwest of the toilet block, Queens Promenade, Douglas, a grassed area south of the junction of Queen's promenade and Switzerland Road. It is not a part of adopted highways.
2.0 THE PROPOSAL - 2.1 The proposed is the erection of six beach hunts in the middle of the area. - 2.2 The huts are in two groups of three huts. Each of the beach huts has a pitched roof and a door and a window on the front elevation. The hut has timber cladding with a paint finish and a mineral-felt roof. There is also a small area of decking in front of the huts and a removable ramp to facilitate disability access.
3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as "Open Space" in the Area Plan for the East. The written statement contains the following policies that are considered materially relevant to the assessment of this current planning application:
Planning Constraints
4.2 The site is within the Douglas Promenade Conservation Area. - 4.3 The site is surrounded by areas at high risk of either tidal or surface water flooding but not within these areas. 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:
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
6.1 Douglas Borough Council supports this application (06.06.2022). - 6.2 DoI Highway Services does not object to this application (24.11.2022). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking. - 6.3 DoI Flood Risk Management Division does not oppose this application (09.05.2022). The comment states that the "proposed area is a zone that is affected by coastal overtopping and precautions should be taken to ensure public safety during a weather event". - 6.4 Owners/Occupiers of 85 Spectrum Apartment wrote in objection to this application (16.05.2022). The comment states that "It was identified under planning application 15/00594/B that the loss of green space at Queens Gardens and amendments to other features will be detrimental to the character and appearance of the DCPA. This development risks the same detrimental effects."
7.1 The walkway is a key element in defining the Promenade. The proposal would alter the appearance of a short section of the garden area at the north section of the Promenade. Beach huts, while not original to Douglas, do relate to images of sea sides in general, and therefore, would be within the right sitting. - 7.2 After negotiation with the applicant, the number of beach huts has increased and the layout has been trying to mimic the appearance of a terrace, which is the main form for buildings on the promenade. The pitched roof and timber cladding also fit in with the traditional theme of the Promenade. Therefore, it is considered to have no negative impact on the character of the area and passes the test. Elements of Assessment - 7.3 The key considerations in the determination of the application are the principle of development, its impact on the character and appearance of the conservation area, on parking provision and on public amenities. Principle of the Development - 7.4 The area is designated for mixed-use. The garden is an important part of the public domain but the proposal is for the benefit of a private business owner. Although seems contrary to the definition of "public", this section of the garden lacks sufficient provision for leisure facilities at the moment and the proposal is considered to benefit the public with better enjoyment of the garden. Therefore, it is considered that the proposed use is principally acceptable and the size and its use would not mount up to the loss of public open space. Character and Appearance of the Conservation Area - 7.5 As mentioned in 7.1 and 7.2, it is considered that the proposal would not have a negative impact on the character and appearance of the Conservation Area. Parking Provision
7.6 The site is located within a town centre location and there are spaces available along the promenade for the use of service vehicles. Therefore, it is considered that the impact on parking provision is acceptable. Public Amenities - 7.7 As mentioned in 7.4, and according to Section 6.7 of the written statement of the Area Plan, the garden is a part of the public realm. Although the erection of beach huts combined with their occupation would diminish the sense of public usage, this is only a small section of the garden and the service is desired by the public. - 7.8 As pointed out by the comment, the relocation of the horse tram onto the walkway of the Promenade was refused at appeal partially due to reducing public open space under PA 15/00594/B. However, these two applications are very different. The horse tram would occupy a significant width of the entire walkway while the beach huts only occupy a small piece of underutilised grass area. The horse tram has moving trams that create uncertainty on the impact of people's interaction with the walkway while the beach huts are fixed and their impacts are confined to the adjacent area and are very limited. Therefore, it is considered to enhance an existing attractive part of the public realm, which is supported by Urban Environment Proposal 2 of the Area Plan and Recreation Policy 2 of the Strategic Plan. Flooding - 7.9 As the site is not within an area affected by flood but is within an area affected by coastal overtopping, it is considered that a condition should be attached to monitor the impact of coastal overtopping on the development for two years and safety measures to be established, reviewed and settle into an overtopping risk assessment.
8.1 The proposal is considered to comply with General Policy 2, Environment Policy 35 and Recreation Policy 2 of the Strategic Plan and Urban Environment Proposal 2 of the Area Plan for the East. 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:
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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:…13.02.2023
Signed :…………P SHEN………………………….. 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.
PA No 22/00465/B Applicant Mrs Lisa Leo Proposal Erection of 6 timber beach huts with decking and removable access
ramp
Site Address Land South West Of Toilet Block Marathon Terrace Queens Promenade Douglas Isle Of Man IM2 4NH Planning Officer Presenting Officer
Mr Peiran Shen
As above
Addendum to the Officer Report
At its sitting 19/12/2022 PC deferred its consideration to seek more information relative to
---------Planning committee approved the application at the meeting of 13/02/2023, Subject to an amendment to the condition 1 as recommended to;
C1. The 6 timber beach huts with decking and removable access ramp hereby approved (as shown on drawing LL-01 F REV B) shall be removed from the site and the land restored to its former condition (grassed as shown on drawing LL-02 REV A) within 3 years of the date of this Decision Notice.
Reason: The development has only been found to be acceptable on a short term basis.
Copyright in submitted documents remains with their authors. Request removal
