Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91376/B Applicant: Miss Zoe Smith Proposal: Installation of replacement window and door to the rear elevation of the dwelling Site Address: 55 Douglas Street Peel Isle Of Man IM5 1BD Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.03.2025 _________________________________________________________________

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 proposed installation of replacement rear door and rear window 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 drawing all received on 05.02.2025.

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection/no comments received

_________________________________________________________________ Officer’s Report

- 1.0 THE APPLICATION SITE

1.1 The application site comprises the property and residential curtilage of 55 Douglas Street, a traditional three-storey rendered dwelling located within the Peel Conservation Area.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of replacement window and door to the rear elevation of the dwelling. The door proposed is a "Chatsworth One Patterned" confirmed in email dated 05.02.2025.

3.0 PLANNING HISTORY - 3.1 The previous application which is considered material to the assessment of this application; - 3.2 Replacement of existing synthetic roof slates with natural slates - 19/00692/B APPROVED

4.0 PLANNING POLICIES 2.1 The site lies within an area zoned as Mixed Use on the Peel Local Plan of 1989; the property is also within Peel's 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 - 4.8 Planning Circular 1/98 - The Alteration and Replacement of Windows.

- 5.0 REPRESENTATIONS

5.1 Highway Services comment there is no Highway Interest (11.02.2025). - 6.0 ASSESSMENT

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

• - Statutory test
• - Character and appearance

- 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 In relation to the rear door and window, both are at ground floor level and both are none original features. They are not public visible given it is located to the rear of the property. The design and appearance of the door is considered acceptable. The door and window would preserve the Conservation Area.
• 6.2.3 Overall, it is considered the proposals would not have any adverse impact on the character and appearance of the terrace 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) and Planning Circular 1/98. 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 6.2.1 to 6.2.3) it is considered the proposal are acceptable and would preserve the character and appearance of the Conservation Area.

- 7.0 CONCLUSION

7.1 The proposed installation of replacement rear door and rear window 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) and Planning Circular 1/98. - 8.0 Right to Appeal and Right to Give Evidence

8.1 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).

8.2 Article A10 sets out that the right to appeal is available to:

• applicant (in all cases);

• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 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. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

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, and/or rights to appeal.

Decision Made : Permitted Date : 13.03.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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