DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01408/B Applicant: Mr Peter Richardson Proposal: Reduce the size of two exterior windows on the southern elevation of the property to accommodate the placement of a new internal partition wall. Site Address: Ports Of Call Bay View Road Port St Mary Isle Of Man IM9 5AE Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.01.2024

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 application accords with General Policy 2, Environment Policy 23 and with the principles of Environment Policy 35 of the IOM Strategic Plan 2016. The works also accord with Planning Circular 1/98, PPS 1/01 and the Residential Design Guidance 2021.

Plans/Drawings/Information; This approval relates to the following all date received 30/11/2023:

• o 2 x side view photographs
• o 1 x rear view photographs
• o 3 x front view photographs
• o Site Plan
• o Location Plan
• o Side Elevation Existing
• o Side Elevation Proposed
• o Covering Letter

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site relates to Ports of Call, Bay View Road, Port St Mary.

2.0 THE PROPOSAL - 2.1 Proposed is the reduction to two existing south side elevation windows.

3.0 PLANNING HISTORY - 3.1 There have been a number of previous applications for the property relating to its commercial nature with modifications internally and externally accommodating various changes of uses from veterinary practice to offices, treatment rooms and self-contained apartment. The ground floor is current used as a restaurant and shop although none of these pervious applications are considered material in the specific case of this application.

4.0 PLANNING POLICY - 4.1 The site lies within an area designated on the Area Plan for the South (2013) as Predominantly Residential, and the site is also within the proposed Conservation Area. As such, the general standards towards acceptable development as set out in General Policy 2 are relevant along with the principles of Environment Policy 35. Planning Circular 1/98 and PPS 1/01 are also relevant in ensuring no negative impact is created which could detriment the character and appearance of the proposed Conservation Area. The Character Appraisal for the proposed Conservation Area for Port St Mary covers parts of Bay View Road but does not specifically reference the Ports of Call building. - 4.2 Environment Policy 23 covers impact of proposed changes on neighbours and whilst not a residential property Section 7.0 of the Residential Design Guidance 2021 offers advice on the how to asses impact of development taking into account living conditions and amenity of neighbours.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 5.1 Port St Mary Commissioners - no objections (21/12/2023). - 5.2 Department of Infrastructure Highway Services - No highways interest (08/12/2023). - 5.3 No comments received from neighbouring properties.

6.0 ASSESSMENT - 6.1 The issues in this case are whether there is any adverse impact on the character or appearance of the existing property or the wider streetscene (GP2, EP35, PC1/98, PPS 1/01 and RDG) or whether there is any impact on neighbouring properties (GP2, EP23 and RDG). Impact on Character and Appearance - 6.2 The traditional properties in this area are clearly identified as being a positive contributor to the character and appearance of the proposed Conservation Area. Ports of Call like its immediate neighbours has a more commercial shop fronted nature to its ground floor

• and retaining its typical traditional appearance to the first floor with addition of the flanked wings limiting views of the flat roof extensions behind.
• 6.3 The proposed works would be contained to the south side elevation where there are already a number of large non-traditional windows, these windows are not prominent from public view and only visible at oblique angles form the opposite side of the road where there is no public footpath and no particular public vantage point except if standing or crossing over the road when likely eyes would be drawn more so to ground floor level. The proposal to make two of the large windows smaller would not result in any unacceptable or harmful impact on the overall appearance or quality of the building minded it's on the side elevation and that it's more prominent front elevation would remain unchanged. Planning circular 1/98 sets out a relaxation of standards for windows that are not prominent from public view, and in this case the works are to the side and are to windows that are already of little merit and therefore the works are considered to have acceptable visual impact on the character and appearance of the building and streetscene. Impact on neighbours
• 6.4 The windows are being made smaller and there are no new or increased overlooking or privacy impacts expected beyond the existing arrangement on the amenity of the neighbours to warrant any concern or refusal in this case.

7.0 CONCLUSION - 7.1 The works are considered to have an acceptable visual and amenity impact and not to result in any harm to the character and appearance of the proposed Conservation Area. - 7.2 The application is considered to accord with General Policy 2, Environment policy 23 and the principles of Environment Policy 35 of the IOM Strategic Plan 2016. The works also accord with Planning Circular 1/98, PPS 1/01 and the Residential Design Guidance 2021.

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 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 : 03.01.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.