DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00160/B Applicant: Mr Peter Martin Proposal: Installation a flower art installation on the East side of the Church tower Site Address: St Thomas Church Church Road Marina / Finch Road Douglas Isle Of Man IM1 2HQ Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.03.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The Installation a flower art installation on the East side of the Church tower as approved shall be removed from the building/site by the 1st September 2023.

Reason: The application has proposed to be a temporary art installation and for it to be removed by the 1st September 2023 which the application has been judged solely on.

N 1. The applicants are recommended to speak with the Ecosystem Policy Team prior to the installation of the art works in order to determine if and what avoidance and mitigation measures are required in relation to swifts.

This application has been recommended for approval for the following reason.

The proposed flower art installation is acceptable and as such complies with General Policy 2, Environment Policy 35 and Sections 16(3) & 18(4) of the Town and Country Planning Act (1999).

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 09.02.2023. _______________________________________________________________

Interested Person Status

Additional Persons None

_____________________________________________________________________________ Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of St Thomas's Church, Church Road, Douglas. The building sits on a plot which is bound by Finch Road to the west, Church Road to the north, Market Street to the east and St Thomas' Walk to the south. St Thomas School is located to the immediate south of the site beyond which is Chester Street Car Park.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation a flower art installation on the East side of the Church tower. - 2.2 The applicant's state; "The tower will be 2m wide at the top and 4m wide at the base with a drop of 20m. The netting that will have the flowers stitched onto will be secured with suitable rope specified by the LMRG, the rope will take the load and strain not the net. The tower will be secured at the base by driving rods sufficiently far into the ground to make them safe (4 feet). The steps beneath the tower will be secured so as not to allow anyone under the tower. There will not be any need to drill, screw or attach anything to the fabric of the building. When the tower is removed there will not be any holes to fill in nor material to be replaced. The flower tower is a temporary structure. The rope, net and flowers are made from a synthetic material, which means they will melt rather than burn and in order to set it alight an accelerant such as petrol would need to be poured over a large area of the tower. Given its location on Douglas promenade this would be no easy task to do and not be spotted by members of the public or police. A suitable barrier will be put up on the East steps to prevent anyone gaining access under the tower whilst it is in place. Prior to putting the flower tower up, we will, in conjunction with LMRG, monitor the weather forecasts to check that it is safe to pull the flower tower into place. If there was an emergency, the flower tower can be dropped to ground level by simply cutting the two main ropes in the bell tower. We are aiming to put the tower up over the weekend of 29th April." - 2.3 The applicants have indicated they would take the art installation down by the 1st September 2023.

3.0 PLANNING HISTORY - 3.1 There are no previous applications which are considered material to the assessment of this application.

4.0 PLANNING POLICIES 2.1 The application site is within an area of "Mixed Use Proposals Areas - Villa Marina Gateway" under the Area Plan for the East 2020. The application building and site are located within a Conservation Area and is a Registered Building.

4.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the 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:

• (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;
• (h) 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;
• (l) 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."

4.4 Environment Policy 35 states: "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." - 4.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 4.6 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". - 4.7 Section 16(3) of the Town and Country Planning Act (1999) states, "In considering (a) whether to grant planning approval for development which affects a registered building or its setting, or (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses".

- 5.0 REPRESENTATIONS

5.1 The following representations can be found in full online; - 5.2 Highway Services have considered the proposal and state (08.03.2023); "- After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking." - 5.3 Douglas Borough Council have no objections. (03.03.2023) - 5.4 The Ecosystems Policy Officer comments (15.03.2023); "A member of the Ecosystem Policy Team saw a swift entering the eastern elevation of St Thomas' Church Tower in July 2022 and so at least 1 pair of nesting swifts is known to be present in the Church Tower, immediately above the proposed flower art installation.

We are aware that St Thomas' Church played swift calls through a speaker system throughout the 2022 breeding season in order to attract swifts to the tower to breed, and so their attempts were successful. We congratulate the church Wardens on their efforts to provide this declining species with a much needed nesting site. However, the presence of nesting swifts means that

we are therefore concerned with the proposals for an art installation on the church tower elevation known to be used by swifts. Swifts need nesting locations high up on buildings, with clear adjacent air space underneath and around to allow them to successfully access their nests. There is therefore potential for swifts to be prevented from entering their nest site by the art work or for them to be disturbed from or when breeding by the installation of the art work.

The Ecosystem Policy Team do not object to the application, but we would like to speak to the applicants about the proposals prior to determination of this application in order to determine if and what avoidance and mitigation measures are required. Therefore please can we request that determination is delayed until this conversation has taken place and any additional details have been provided to Planning."

- 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are;

• - Statutory test
• - Character and appearance

- 6.2 CONSERVATION AREA STATUTORY TEST

• 6.2.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area and Registered Building statutory test as referenced in section 4.6 and 4.7 of this assessment on whether the proposal would preserve or enhance the Conservation Area and its setting or any features of special architectural or historic interest.
• 6.2.2 The art works is a temporary feature (1st September 2023) which does not alter the fabric of the Registered Building. The Registered Building Officer has no concerns of the proposal to the Registered Building or the Conservation Area. It is considered that the proposal is acceptable and would not have any adverse impact on the character and appearance of the terrace or that of the Conservation Area or upon the special architectural or historic interest of the Registered Building.
• 6.3 CHARACTER AND APPEARANCE

• 6.3.1 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Section Section 16(3) and 18(4) of the Town and Country Planning Act (1999) as mentioned previously need consideration.
• 6.3.2 For the reason outlined previously (par 6.2.2) it is considered the proposal are acceptable and would preserve the character and appearance of the Conservation Area. And the Registered Building.

CONCLUSION

7.1 The proposed flower art installation is acceptable and as such complies with General Policy 2, Environment Policy 35 and Sections 16(3) & 18(4) of the Town and Country Planning Act (1999). 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:

• 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 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: 20.03.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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