Planning Officer Report

Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: 28.12.2012 Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is the curtilage of 37 Castle Street, a three storey building sited on the western side of Castle Street on the junction of Senna Road, Douglas. At ground floor, the building comprises a retail unit.

The Proposal

1. The planning application seeks the approval for the removal of three windows and installation of replacement windows.

1. The proposal comprises the removal of three existing windows on the north side elevation. The three windows that are to be removed are one ground floor window adjacent to an existing door, a first floor window above the side door and the end window of a row of four windows at ground floor window. The apertures would be blocked with a painted render.

1. The final element of the proposal is to replace the existing ground floor and third floor windows on the front eastern side elevation with replacement white PVC framed windows. This element can be completed under Schedule 1, Section B, Part 4, Class 38 of the Town and Country Planning (Permitted Development) Order 2012, without the need to gain planning permission.

Planning History

1. The application site has been the subject four previous planning applications, three of which are considered relevant to the assessment of this planning application and were all granted planning permission:

PA 07/00277/B: Replace shop windows from existing timber to aluminium. PA 92/01362/B: Installation of fire exit doors, 37 Castle Street, Douglas. PA 84/00365/B: Installation of new doors to shop front, Ryan's Gift Shop, 37 Castle Street, Douglas.

Planning Policy

Application No.:	12/01658/B
Applicant:	Mr Adel Elmelegy
Proposal:	Removal of three windows and installation of replacement windows to premises
Site Address:	37 Castle Street Douglas Isle Of Man IM1 2HA

1. In terms of local plan policy, the application site is Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 1 (Central Area). The application site sits 5 metres west of the Douglas Promenades Conservation Area.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:

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."

Environment Policy 36 states:

"Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."

REPRESENTATIONS

1. Douglas Borough Council has no objections to the current planning application.

ASSESSMENT

1. The important issue to consider in the assessment of this current planning application is how the removal of three windows and associated blocking would impact on the Street Scene of Castle Street and nearby Conservation Area.

1. The proposed blocking up of the three windows on the north elevation would be 15 metres east of the Conservation Area and would only be visible if one was heading north from Castle Street onto Marina Road and east from Senna Slip to Senna Road, directly past the application site building.

1. The blocking up of the windows would not impact upon the Douglas Promenades Conservation Area given the siting of the proposed development. In addition, the proposed development is deemed minimal and the blocking up of the three windows with render to match the existing building is judged to enhance the appearance of the building.

1. Under Schedule 1, Section B, Part 4, Class 38 of the Town and County Planning (Permitted Development) Order 2012 states that the installation of a window or an external door in an existing aperture in a building other than a dwellinghouse does not require planning permission provided that there is not in place an existing window or door, no alteration may be made in the size, shape or position of the aperture; and no lights may open over any part of the highway. Therefore the replacements of the first floor windows do not require planning permission.

1. Overall it is considered that the planning application is in accordance with General Policy 2 of the Isle of Man Strategic Plan 2007.

RECOMMENDATION

1. It is recommended that the planning application be permitted.

PARTY STATUS

1. The local authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 28.01.2013 Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval for the removal of three windows on the north elevation with associated blocking up with render relates to the Location Plan, existing plan, proposed plan and 2 x A4 sheets detailing photographs of the application site building all date stamped 17th December 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 30.1.13

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : Soinever Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager