DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00567/B Applicant: Mrs Jill Cavellec Proposal: Installation of replacement front door, rear bathroom patio doors, two first floor bedroom windows and a second floor escape window (retrospective) Site Address: 10 Stanley Road Peel Isle Of Man IM5 1NX Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.06.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999) and 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 2nd May 2023;

• o Location Plan
• o Site Plan
• o Photos of the works done
• o Quotes for the works done
• o Planning Statement _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the following organisation 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):

Isle of Man Victorian Society as they do not own or occupy property that is 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 and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status. _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of 10 Stanley Road, Peel which is a three storey mid terraced property situated to the North East of Stanley Road THE PROPOSAL - 2.1 The current planning application seeks approval for the following retrospective works;

• - replacement front door
• - replacement windows to the front elevation
• - replacement rear patio doors
• - replacement fire escape window to the rear elevation.

PLANNING HISTORY

3.1 There are several applications upon the site, of which PA12/01121/B is the most relevant and was for "Alterations and extension to rear of dwelling" which was Permitted. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" under the Peel Local Plan 1989. The site isn't within a Flood Risk Zone but is within a Conservation Area.

4.2 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. REPRESENTATIONS - 5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "- After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that Highway Licences may be necessary for any equipment and materials to be placed within the highway for the duration of the proposed works." (22.05.23)

5.3 No comments have been received from Peel Commissioners at the time of writing this report. - 5.4 The Isle of Man Victorian Society have written in to add comments to the application and raise no objections. (05.06.23)

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

• - Section 18(4) test
• - character and appearance (GP2, b,c)

- 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 The proposal can be seen as two separate parts, works to the front elevation and works to the rear elevation.
• 6.2.3 When looking at the works to the front elevation, these include the replacement of windows and the replacement front door. The sliding sash windows which replaced the casement windows are an improvement within the Conserveration area, as is the door which was installed. As such both works comply with the Section 18(4) test by enhancing the overall Conservation Area.
• 6.2.4 Turning towards the proposed works within the rear of the property which include the replacement fire escape window and the rear patio doors. Both of these works are replacing existing windows/patio doors within a non public vantage point area, as such the likelihood that they will impact the overall Conservation Area above and beyond what is already existing (prior to their installation) would be minimal.
• 6.2.5 With the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area.
• 6.3.2 When looking at the windows policy, it states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows are recognised as an acceptable alternative to timber. The proposed windows to the front elevation as discussed above are an enhancement to the overall Conservation Area and the rest of the works are deemed acceptable in accordance with the policies that seek to preserve the character and appearance of the dwellinghouse and is not considered to have an adverse impact on the character or appearance of the Conservation Area.

CONCLUSION

7.1 The retrospective works are deemed acceptable in terms of their form, mass and design which preserves the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and 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 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: 27.06.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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