DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01559/B Applicant: Public Estates And Housing Division Department Of Infrast... Proposal: Erection of tent access lanes on circus beach to facilitate a purpose built customs area with search bays Site Address: Sea Terminal Douglas Isle Of Man IM1 2BX Planning Officer: Mr Toby Cowell Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 21.02.2023

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.

• C 2. The customs and search bay structure hereby approved shall be maintained to a high standard of visual appearance, including remaining weathertight and watertight at all times. If at any point the structure becomes damaged, ripped or torn, works must be undertaken to repair the structure within 1 week of such damage having occurred. Should the structure become damaged or structurally unsound beyond reasonable repair, it must be replaced with an identical structure within 4 weeks of such damage/structural deficiency having occurred. Should the need for the structure no longer remain in accordance with its approved purpose, it shall be dismantled and removed from the site immediately.

Reason: In the interests of visual amenity and to safeguard the character and appearance of the wider locality.

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

The proposed development is acceptable in principle by way of providing necessary associated infrastructure in connection with the Port's operations, without detriment to the visual amenities of the site immediate setting or the adjacent Conservation Area. The development is therefore in compliance with Spatial Policies 1 and 6, General Policy 2, Environment Policies 36 and 42 and Transport Policy 13 of the Strategic Plan (2016), together with aligning with the key objectives of the Area Plan for the East (2020).

Plans/Drawings/Information; This approval relates to drawings referenced; 100, 101A, 102, 103 and 104, all received on 09.01.23. _______________________________________________________________

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:

Department of Infrastructure Flood Management Division _____________________________________________________________________________

Officer’s Report

THIS APPLICATION HAS BEEN REFERRED TO PLANNING COMMITTEE ON THE ADVICE OF THE HEAD OF PLANNING AND BUILDING CONTROL

1.0 THE SITE - 1.1 The application site comprises a portion of the Douglas Outer Harbour area located to the south-west of the Sea Terminal and adjacent to the Imperial Buildings and a large car park to the west. The site presently includes car parking provision along its western side adjacent to the aforementioned car park, security fencing, and lighting and associated equipment, together with cargo storage in the south-eastern portion. The site runs adjacent to the main exit route from the harbour to the Town.

2.0 THE PROPOSAL - 2.1 Planning permission is sought to comprehensively reorganise the site by way of removing all existing parking and storage areas, and the erection a new dual-pitched customs tent with associated search bays. The tent would consist of a metal structure with a fabric covering, white UPVC cladding on the western elevation and UPVC framed windows on the eastern elevation. The western portion of the structure would be enclosed with cladding on the north and south elevations, with the eastern portion to remain open allowing vehicular traffic to pass through. The structure would measure 20.46m in length and 10.122m in width, with an eaves height of 4.16m and ridge height of 7.5m. - 2.2 As part of the site's wider reorganisation, a new access lane is proposed to connect off the existing exit route, which would only be used by HGVs. The new access would sweep round to the west and extend north towards the customs tent, with 2 no. declarations bays to be provided just before entry to the customs area. A height restriction barrier with 'declaration' and 'non declaration' signage is proposed along the access route prior to the splitting of the access. The customs tent would be enclosed by 3m high palisade security fencing along its northern and eastern sides. - 2.3 The proposals further include minor modifications to the existing masonry wall segregating the site from the car park to the west. Specifically, almost the entire length of the wall would be raised in height to 2.9m, with the existing access gate to be replaced by a galvanised steel gate with electronic access. The existing Armco barrier running adjacent to the wall and the Imperial Buildings would be removed.

- 3.0 PLANNING HISTORY

3.1 Whilst the site and wider harbour have an extensive planning history dating back to the late 1980s, none of this history is considered to be of particular material relevance to the present application.

- 4.0 PLANNING POLICY

4.1 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy

• 1 Efficient use of land and resources
• 2 Priority for new development to identified towns and villages
• 3 To respect the character of our towns and villages

• 5 Design and visual impact Spatial Policy

• 1 Priority to Douglas for development

6 Protection and enhancement of principal gateways to the Island General Policy

• 2 General Development Considerations Environment Policy

• 10 Flood risk
• 11 Coastal development 36 Development adjacent to Conservation Areas 42 Designed to respect the character and identity of the locality

Transport Policy

• 4 Highways safety 13 Development in harbours

4.2 Area Plan for the East (2020) One of the key objectives of the Area Plan is to support and implement the National Infrastructure Strategy (2017) and the Harbours Strategy (2018), both of which are also material considerations in the determination of this application. The site forms part of the Maritime Gateway Mixed Use Area, with the corresponding proposal in the Area Plan stating that there will be a presumption in favour of improvement of and development proposals for port and harbour purposes. - 4.3 National Infrastructure Strategy (NIS) (2017) The following points from the NIS are of particular relevance with respect to this application:

• - Recognising the strategic importance of Douglas Harbour in particular, the Department of Infrastructure is considering a number of options for further improvements to Douglas Outer Harbour which will provide more economic development opportunities. This will form part of the Harbours Maritime Strategy which is currently being prepared;
• - Tourism is likely to remain an important element of the Island's economy and consideration may need to be given to what infrastructure might be required to accommodate this. This may include enhanced harbour and marina facilities to broaden the appeal of the Island;
• - The most likely driver for change at the Islands ports, harbours and airports is the onIsland economy. Off Island travel is essential for economic success whether it is bringing goods to and from the Island, people flying for business or those coming to visit the Island on holiday there is a need to be able to accommodate this;
• - There is a commitment in the Programme for Government to "Prepare a Harbours Maritime Strategy for the Island to include the exploration of the feasibility for a deep water berth and the ability to bring forward a non-tidal marine by end 2026". This report will consider each of the Island's harbours in terms of their constraints and opportunities / aspirations which could be realised at each harbour in the future. In terms of Douglas this will also consider the future infrastructure to ensure it remains fully operational. This may require a significant level of investment in the future.

4.4 Harbours Strategy (2018) - provides general information on opportunities available to upgrade and enhance the Douglas Outer Harbour Area and the Marina. - 4.5 Schedule 1 of the Town and Country Planning (Permitted Development) (Government Owned Land) Order 2012, relating to Douglas Outer Harbour, is also of relevance and material with respect to the determination of this application.

- 5.0 REPRESENTATIONS

5.1 Douglas Corporation - no response received at the time of writing the report.

5.2 Highways Services - consider that development will have no significant negative impact upon highway safety, network functionality and /or parking (06.01.23) - 5.3 Flood Management Division - do not oppose (16.01.23) - 5.4 DEFA Fisheries Directorate - no response received at the time of writing the report. - 5.5 Manx Utilities Authority - no response received at the time of writing the report. - 5.6 Planning Enforcement - no response received at the time of writing the report.

- 6.0 ASSESSMENT

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

• - Principle of development (SP1 & 2, TP13 & Area Plan for the East)
• - Design and visual impact (STP5, GP2, EP36, 42)
• - Other matters (EP10, 11, TP4)

- 6.2 PRINCIPLE

• 6.2.1 The site forms part of Douglas Harbour, a principal gateway to the Island, which will be protected and enhanced in accordance with Spatial Policy 6 of the Strategic Plan (2016). Mixed use proposed 6 of the Area Plan for the East (2020) further adds that there will be a presumption in favour of improvement of, and development proposals for port and harbour purposes.
• 6.2.2 The proposed works would facilitate a new customs and search area, with dedicated lanes for arriving vehicular traffic to the Island, whilst improving the general layout and flow of the port operations. The proposals also seek to improve and streamline security measures at the port, whilst amounting to a general visual improvement through the removal of temporary barriers and ageing security fencing.
• 6.2.3 The proposals would further enhance and facilitate the smooth running of operations taking place for arrivals to Douglas and the wider Island from the Port, and therefore gain further support from the National Infrastructure Strategy (2017) and the Harbours Strategy

(2018). In particular, the necessity of the Port having a dedicated customs facility has become more pronounced since the implementation of the United Kingdom's departure from the European Union, and the need for regular searches on new arrivals; particularly those coming from the Republic of Ireland (Dublin) but also spot checks from inbound arrivals from the UK; i.e. Belfast, Liverpool and Heysham. The proposals are therefore considered to be acceptable in principle.

- 6.3 DESIGN AND VISUAL IMPACT

• 6.3.1 The most visually prominent aspect of the proposals relate to the new customs 'tent' including the search bays. Whilst glimpses of the tent would be available from Peveril Square and directly in front of the Peveril Building to the north, only the northern gable end spanning a

• width of approximately 10m would be realistically visible, an therefore its overall visual impact would be limited.
• 6.3.2 The site lies outside of the Douglas Promenades Conservation Area to the north but sits within close proximity to it. Nevertheless, the general reorganisation of the site in tandem with the customs bay would, on balance, amount to an overall visual improvement and therefore not result in a detrimental impact upon the setting of the Conservation Area. The customs 'tent' is of a lightweight construction in any case which reduces its visual prominence and perceived permanence.
• 6.3.3 The structure would however be more noticeable and visual impactful upon the wider harbour area to the east, and indeed would be one of the first structures visible to inbound arrivals to the Port following disembarkation. That said, the structure is not considered to be unduly intrusive from a visual perspective, whilst serving a necessary and practical function which presently does not exist. In any case, interaction with the structure from inbound arrivals would be fleeting, and be read within the context of the Port's wider operational facility.
• 6.3.4 No concerns are raised over the new access lanes and associated infrastructure, which as previously noted would contribute to the necessary function of the new customs area, whilst providing a general visual improvement and 'tidy-up' of the wider site. The most intrusive element of the associated infrastructure is likely to consist of the 3m security fencing surrounding the northern and eastern elevation of the customs tent. Such infrastructure is however necessary as part of the site's wider functionality, and indeed would constitute permitted development in any case in accordance with Schedule 1 of the Town and Country Planning (Permitted Development) (Government Owned Land) Order 2012.
• 6.3.5 In light of the above, the development is considered acceptable from a design and visual impact perspective, in compliance with General Policy 2, and Environment Policies 36 and 42 of the Strategic Plan.

- 6.4 OTHER MATTERS

• 6.4.1 No objections have been raised by the Flood Management Division and Highways Services with respect to the development proposals, nor have any conditions been recommended in the event that planning permission is granted.
• 7.0 CONCLUSION

7.1 The proposed development is acceptable in principle by way of providing necessary associated infrastructure in connection with the Port's operations, without detriment to the visual amenities of the site immediate setting or the adjacent Conservation Area. The development is therefore in compliant with Spatial Policies 1 and 6, General Policy 2, Environment Policies 36 and 42 and Transport Policy 13 of the Strategic Plan (2016), together with aligning with the key objectives of the Area Plan for the East (2020). - 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 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 13.03.2023

Signed : C BALMER 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.