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Reiltys Ellan Vannin
Alterations and erection of a fire escape staircase to premises
Part Of Lane Behind 47 Duke Street Douglas Isle Of Man
PA Reference 15/00267/B
1.1 The aim of this statement is to provide background information to the planning application, set out the relevant policies to consider in respect of the proposed development and make a recommendation.
1.2 The site is partly owned by the Department of Infrastructure which the Planning Authority is part of. As a result of this, the application must be considered by an Independent Inspector and the decision taken by the Council of Ministers under 10 (1) (b) of the Town and Country Planning (Development Procedure) (NO 2) Order 2013.
2.1 The application site forms the curtilage of 47 Duke Street and part of the side service lane to the south of the main building. The service lane provides pedestrian access to an number of properties along Victoria Street, Duke Street and Wellington Street.
3.1 The application seeks approval for the alterations and erection of a fire escape staircase to premises and removal of an existing window replaced with a door at first floor level. The stair case which would project one metre into the service lane from the southern elevation of the building and would provide a fire escape to the first floor of Nr 47 Duke Street only.
4.1 In terms of the current land use designation the site is identified as being an area of 'Predominately Shopping Use' under the Douglas Local Plan Order 1998. The building 47 Duke Street is not within a Conservation Area; however, the service lane is within a Conservation Area
4.2 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."
4.3 Environment Policy 35: "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."
5.1 There are no previous planning applications made in connection with this site which are considered relevant in the determination of the planning application.
6.1 Highway Services do not oppose the application subject to off street parking being provided in accordance with the IOM Strategic Plan (received on 30.03.2015).
6.2 Douglas Corporation has no objection (received on 27.03.2015).
7.1 From consideration of the proposal the Planning Department would recommend that the key issue is whether the proposed works would adversely affect the visual appearance of the Conservation Area.
7.2 As indicated by Environment Policy 35 any development within a Conservation Area should preserve or enhance the character or appearance of the Area.
7.3 The proposal will increase built development and would be apparent when viewed from the service lane. However, visiting the area it was clear that views of the proposal would not be especially apparent, especially from Victoria Street, given the narrowness of the service lane and position and size of buildings in the surrounding area which further reduce views.
7.4 Accordingly, whilst the proposed external fire escape is not considered to add to the visual appearance of the area, it is not considered the proposal would significantly detract from the character and quality Conservation Area, especially along Victoria Street given these limited views. Therefore the proposal would preserve the character and appearance of the Area.
8.1 Overall, for the reasons given it is considered the proposals would comply with the relevant policies of the IOM Strategic Plan and therefore the application is recommended for an approval.
9.1 If the Inspector is minded to recommend to the Council of Ministers that the application is approved, the Planning Authority would suggest that the following conditions and note are attached to the approval notice:-
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: In the interest of the visual amenities.
N 1. This approval relates to drawings reference numbers 1A, 2 and 3 all received on 6th March 2015.
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