DEC Officer Report

Application No.: 22/01075/B Applicant: Mr Frank Simpson Proposal: Installation of new door within existing front window aperture Site Address: Flat 1 Empress Apartments Central Promenade Douglas Isle Of Man IM2 4EE Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.10.2022

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 proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 18th August 2022;

• o Drawing No.01
• o Drawing No.02
• o Drawing No.03
• o Drawing No.05 _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of Flat 1, Empress Apartments which is the ground floor most Southerly elevation. Empress Apartments are a relatively modern 7 storey apartment block, with three entrances to the front elevation situated upon a plot where Empress Drive meets Mona Drive meets the Central Promenade. THE PROPOSAL - 2.1 The current planning application seeks approval for the replacement of the existing window situated within the bay window to the East elevation with a doorway.

2.2 The proposed door is to measure 2.265m by 0.891m in white uPVC with a large amount of glazing. PLANNING HISTORY - 3.1 The previous applications are not relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" under the Area Plan for the East, Map 4 Douglas. The site is within a Flood Risk Zone and a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. - 4.3 Due to the site being situated within a Flood Risk Zone, Environment Policy 10 is also relevant which seeks that where a development is within a flood risk zone, a flood risk assessment is required. REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and have no Highways Interest. (07.09.22 & 27.09.22) - 5.3 Douglas Corporation have considered the proposal and state they have no objection. (12.09.22 & 30.09.22)

ASSESSMENT

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

• - Section 18(4) test
• - character and appearance (GP2, b,c)
• - flood risk (EP10)

- 6.2 SECTION 18(4) TEST

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
• 6.2.2 The proposal due to its location upon a corner, ground floor flat will be noticeable within the overall streetscene, whilst this is the case, this alteration has been done to other flats within this site as such the impact upon the Conservation Area will be minimal and will ultimately preserve the Conservation Area as a whole.

• 6.2.4 With the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.

6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area. As stated above the proposed works will preserve the Conservation Area as a whole.

6.4 FLOOD RISK

• 6.4.1 The proposal in itself whilst adding another entrance into the property is unlikely to have an impact upon the Surface Water Flood Risk. CONCLUSION

7.1 The proposed works are acceptable in terms of their form, mass and design which preserves the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. 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 a Principal Planner 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: 27.10.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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.