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Application No.: 24/91298/B Applicant: Ms Susan Cremin Proposal: Block up a window at the back of the building to sit flush with the existing wall Site Address: 22 Athol Street Douglas Isle Of Man IM1 1JA Planning Officer: Peiran Shen Recommended Decision: Permitted Date of Recommendation: 07.01.2025 _________________________________________________________________
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 proposed blocking up of the window does not harm the character and appearance of the conservation area. It is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan and the Residential Design Guide.
Plans/Drawings/Information;
This approval relates to the documents, site location plan, site plan, existing and proposed elevations and photos, which have been received on 14th November 2024.
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas Borough Council - No objection Department of Infrastructure - No objection
_________________________________________________________________ Officer’s Report
1.1 The site is 22 Athol Street, Douglas, a mid-terrace house located on the southeast of Athol Street, close to its junction with Upper Church Street. There is a two-storey rear extension abuts the neighbouring house's rear extension.
2.0 THE PROPOSAL - 2.1 The proposal is to block off the window on the first floor of the rear elevation of the two-storey rear extension.
3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Mixed Use (St George's) in the Area Plan for the East. - 4.2 The site is within the Athol Street/Victoria Street Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 has the following policies that are considered materially relevant to the assessment of this current planning application:
PPS and NPD
4.4 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS. It provides supplementary policy on developments within any conservation area.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7. Strategy and Guidance - 5.2 The Residential Design Guide (July 2021) has the following policies that are considered materially relevant to the assessment of this current planning application: o Chapter 5 Architectural Details
6.0 REPRESENTATIONS - 6.1 Douglas Borough Council has not commented at the time of the report (06.12.2024). - 6.2 DoI Highway Services states there is no highway interest in this application (03.12.2024).
7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. It is whether the proposal would preserve or enhance the character of the Conservation Area. - 7.2 Removing the window is not detracting from the Area's existing character. Therefore, it is considered that the proposal preserves the charterer of the Area and passes the test. Elements of Assessment - 7.3 The key considerations of this application are its impact on the house itself and the character and streetscene of the area. Design of the House Itself - 7.4 As mentioned in 7.2, the proposal is not considered to harm the design of the house. Character and Streetscene - 7.5 The proposal is not readily visible to the public, so it is considered to have no impact on the streetscene of the area. - 7.6 As mentioned in 7.2, the proposal is considered to have no negative impact on the character of the Area
8.0 CONCLUSION - 8.1 The proposed extension does not harm the character and appearance of the conservation area. Therefore, the proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan and the Residential Design Guide and is recommended for an approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
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 and/or rights to appeal.
Decision Made: Permitted Date: 07.01.2025 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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