DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00280/B Applicant: Mr & Mrs Sam Prince Proposal: Demolish existing conservatory and installation of doors / window and roof lights to rear elevations Site Address: 33 Albany Road Douglas Isle Of Man IM2 3NE Principal Planner: Chris Balmer Recommended Decision: Permitted Date of Recommendation: 19.04.2024

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 proposals would not have any significant impacts upon public or private amenities and are acceptable and as such complies with General Policy 2, Environment Policy 35 and Section 18(4) of the Town and Country Planning Act (1999).

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received;

09.03.2024 101

- 103 - 104 - 105 107 26.03.2024 - 106 REV A

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of 33 Albany Road, Douglas a one and half storey detached property (accommodation within part of roofspace) located on a corner plot with Albany Road to the north and Selborne Drive to the east. - 1.2 The property is a not a "traditional" dwelling which the majority of properties in the area are, mainly Victorian properties. The proposals appears as an early to mid 20thCentury property including painted render, stone plinth, and a concrete roof tile.

2.0 THE PROPOSAL - 2.1 The application seeks approval to demolish existing conservatory and installation of doors / window and roof lights to rear elevations.

3.0 PLANNING HISTORY - 3.1 The previous application which is considered material to the assessment of this application; - 3.2 Registered Building consent for demolition elements to PA 24/00280/B - 24/00281/CON

• Pending Consideration

3.3 Partial removal of front boundary wall to widen access to driveway - 23/01315/B APPROVED - 3.4 Replacement of existing single pane, timber frame with upvc double glazing 23/01391/B - REFUSED - 3.5 Installation of three replacement windows to rear elevation - 23/01269/B - APPROVED - 3.6 Installation of replacement roof tiles - 21/00632/B - APPROVED - 3.7 Replacement front and rear doors with UPVC composite doors - 20/01255/B APPROVED - 3.8 Installation of replacement windows and doors - 20/00822/B - REFUSED - 3.9 Erection of a lean to conservatory to rear elevation - 06/00541/B - APPROVED

4.0 PLANNING POLICIES - 4.1 The application site is within an area of 'Predominately Residential' use under the Area Plan for the East. The application building and site are located within a Conservation Area. - 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 Residential Design Guide 2021

5.0 REPRESENTATIONS - 5.1 Highway Services have indicated they have no highway interest in the application (18.03.2024 and 09.04.2024).

5.3 Douglas Borough Council have no objections. (22.03.2024) - 6.0 ASSESSMENT

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

• - Statutory test
• - Character and appearance
• - Impact upon neighbouring amenities

- 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 statutory test as referenced in section 4.4 of this assessment on whether the proposal would preserve or enhance the Conservation Area.

• 6.2.2 The removal of the rear conservatory and the existing window and existing doorway into the conservatory replaced with bi-folding door and single window raises no concerns. The works would not be publically apparent and appropriate to the property.
• 6.2.3 The installation of a total of six rear roof lights, one to the side elevation and five to the rear elevation also raise no concerns from a design point of view, given the design and style of the existing property.
• 6.2.4 Overall, it is considered the proposals would not have any adverse impact on the character and appearance of the property or that of the Conservation Area; having a neutral impact (i.e. preserve).

- 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 18(4) of the Town and Country Planning Act (1999) as mentioned above, also requires that the desirability of preserving or enhancing its character or appearance in the exercise.
• 6.3.2 For the reason outlined previously (par 6.2.2 to 6.2.4) it is considered the proposal are acceptable and would preserve the character and appearance of the Conservation Area.

6.4 Impact upon neighbouring amenities

• 6.4.1 The introduction of roof lights has the potential to increase the potential of overlooking towards neighbouring properties in the area, namely Nr 23 Selborne Drive (southeast) and Nr 35 Albany Road (southwest).
• 6.4.2 One of the roof lights would provide light and outlook to a new en-suite, one to a study area, one to a hobby room and one to a store room all new within the roof space within the existing dwelling. It should be noted that any internal alteration or creation of rooms do not require planning permission. The remainder of the roof lights, including the two larger roofs would provide light to ground floor accommodation, hence would not provide any outlooks/overlooking, giving the height above ground level of the dwelling. While there will be an increased level of overlooking from the remaining four roof lights; none serve primary or primary habitable rooms, the rooflights are small in size and distance between the neighbouring properties all would ensure the roof light would not have any significant impacts upon neighbouring amenities to warrant a refusal.

- 7.0 CONCLUSION

7.1 The proposals would not have any significant impacts upon public or private amenities and are acceptable and as such complies with General Policy 2, Environment Policy 35 and Section 18(4) of the Town and Country Planning Act (1999). - 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 can confirm that this decision has been made by the Acting 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 : 23.04.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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