DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00014/B Applicant: Mr Nick Crone Proposal: Change of roof pitch and height from mono pitch to flat roof, installation of a window in place of roller shutter door and installation of canopy Site Address: Arrivals Hall Sea Terminal Victoria Pier Douglas Isle Of Man IM1 2RF Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 29.02.2024

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 proposal is considered to be acceptable by not to result in any new or increased impacts upon the visual amenity of the surrounding streetscene, as such the proposal complies with Section 18(4) of the Town and Country Act (1999), General Policy 2 Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 5th January 2024;

• o Drawing No. 01
• o Drawing No. 02
• o Drawing No. 03
• o Entrance Canopy Specification
• o Supporting Statement

Interested Person Status

Additional Persons

DOI's Flood Risk Management Team and DOI's Ports and Harbours Team should not be afforded interested person status as they are a Government Department which has not raised material planning considerations.

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):

Flat 7, Cromptons Court, as they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the Sea Terminal Building, specifically situated within the Arrivals Hall part which is situated to the North East of the site. THE PROPOSAL - 2.1 The current planning application seeks approval to alter the existing arrival halls within the Sea Terminal building, which will include the increase of the mono-pitch roof to a flat roof, installation of windows in place of the existing roller shutter door and the installation of a canopy. PLANNING HISTORY - 3.1 The wider site of the Sea Terminal Building and its surrounding site has an extensive planning history, whilst this is the case, there is one relevant application to the assessment of this application;

PA22/01495/B - Refurbishment of existing high-level balustrading at flat roof level over arrivals and departure corridor, replacement of the old leaking flat roof coverings and the installation of a new fire escape staircase from roof level to ground level. Relocation of the existing staircase enclosure from behind the stair tower on Victoria Pier to in front of the stair tower, and the moving of the existing car parking spaces forward to avoid the new stair enclosure - PERMITTED

PLANNING POLICY

4.1 The site lies within an area zoned as mixed use within the "Mixed Use 6 - Maritime Gateway" on the Area Plan for the East. The part of the site in which this application is situated upon is situated within a Conservation Area but not a Flood Risk Zone.

- 4.2 AREA PLAN FOR THE EAST

• 4.2.1 The Area Plan for the East states has one condition for the site, "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 Promenade.

4.3 ISLE OF MAN STRATEGIC PLAN 2016

• 4.3.1 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.

- 4.4 DOUGLAS PROM CHARACTER APPRAISAL

• 4.4.1 The following is relevant information from the Douglas Prom Character Appraisal;

• 4.4.2 Policy D/TLP/PIA, "5.4 Any change of use, it should be made clear is just that. There is no implication or intent that any building be demolished and rebuilt for alternative purposes nor that any alteration should be made to facades. The intent is to preserve, protect, and encourage reinvestment in the buildings themselves. Change of use to residential purposes will be supported and may include; Apartments or maisonettes Town Houses Sheltered housing."
• 4.4.3 Historical Development, in part, "Changing tastes and demands for better facilities saw the demolition in 1961 of the cast iron Victorian arcade and its replacement by the new Sea Terminal, which won architectural awards and was officially opened in July 1965 by Princess Margaret, Countess of Snowden.
• 4.4.4 Architecture, in part, "From its earliest days in the 1960s, the Sea Terminal became known locally as 'the lemon squeezer', a name obviously generating from its radically-corrugated roof form and central spire. The ingenious plan form of the building, designed by Mr T Kennaugh of local architects Davidson & Marsh, represents the Three Legs of Man and the clean lines and geometrical form are distinctive and synonymous with the architecture of the period. The original concept remains striking and provides a visual 'end-stop' to the continuous curve of the bay."

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summary;

5.2 Highway Services have considered the proposal and state, "No Highways Interest." (12.01.24 & 25.01.24 & 05.02.24)

5.3 Douglas Corporation have considered the application and state, "No objections." (19.01.24) - 5.4 DEFA Inland Fisheries have considered the application and state, "No objection." (19.01.24) - 5.5 DOI Flood Risk Management have considered the proposal and state, "Do not oppose." (15.01.24) - 5.6 DOI Ports and Harbours have considered the proposal and state they have no further comments to make on the application. (30.01.24) - 5.7 The owner/occupier of Flat 7, Crompton Court has raised a query with regards to the disabled toilets and their accessibility. (29.01.24)

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

• - Section 18(4) test
• - character and appearance

- 6.2 SECTION 18(4) TEST

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
• 6.2.2 When looking at the site on a whole and the proposed works, the upgrading of the existing arrival halls in line with modern customs, will assist in the structure as a whole being maintained and as such would preserve the Conservation Area as a whole.

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 From a character and appearance point of view, it's unlikely that the works would impact the Conservation Area as a whole due to their location within the site and due to the amount of glazing that is already in place. Ultimately the works will preserve the Conservation Area and as such deemed acceptable. CONCLUSION
• 7.1 Overall the proposal is considered to be acceptable by not to result in any new or increased impacts upon the visual amenity of the surrounding streetscene, as such the proposal complies with Section 18(4) of the Town and Country Act (1999), General Policy 2 Environment Policy 35 of the Isle of Man Strategic Plan 2016. 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 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 : 29.02.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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