DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00036/B Applicant: Core Building And Renovation Ltd Proposal: Installation of a replacement shopfront (retrospective) Site Address: Shop 8 Prospect Terrace Woodbourne Road Douglas Isle Of Man IM1 3AL Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 22.02.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

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 17th January 2024;

• o Location and site plan
• o Proposed - replacement shop front _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of 8 Prospect Terrace which is a 4 storey midterrace property situated to the East of Prospect Terrace The property used to comprise of a takeaway at ground floor with a single apartment laid out across the additional 3 floors. The

front elevation used to be fairly traditional, partially glazed shop front at ground-floor level complete with stall risers, sash windows with glazing bars at first and second floor levels intersected by colonnades on the front.

THE PROPOSAL

2.1 The current planning application seeks retrospective approval for the replacement of the whole of the shopfront with aluminium glazed shop front. PLANNING HISTORY - 3.1 There is one previous application which is relevant to the assessment of this application PA23/00464/B - Subdivision of existing single flat to 2 no. flats including erection of rear access staircase and replacement rear extension. Installation of replacement windows and resiting of shopfront door - which was permitted. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" under the Area Plan for the East, Map 4 - Douglas. The site isn't within a Flood Risk Zone but is within 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. REPRESENTATIONS - 5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "No Highways Interest." (26.01.24)

5.3 Douglas Corporation have considered the proposal and state they have no objection. (05.02.24) 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) 6.2 SECTION 18(4) TEST / CHARACTER AND APPEARANCE

• 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 proposed works are to replace the whole of the existing shopfront with an aluminium glazed shopfront, usually the removal of the traditional shopfront would not preserve nor enhance the Conservation Area, but on applications such as this the whole streetscene needs to be taken into context when assessing what would or wouldn't preserve the Conservation Area.
• 6.2.3 Prospect Terrace over time has gone from a traditional frontage shopping area, to more modern glazed units with there being a small number of traditional shop fronts left. As such the glazed units proposed within this application would not have an impact upon the overall streetscene and will ultimately preserve the Conservation Area.

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

CONCLUSION

7.1 The proposed shop front alteration is 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 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 : 29.02.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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