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Application No.: 25/90761/B Applicant: Jovelli Limited Proposal: Installation of perimeter fall restraint to flat roof Site Address: 22 - 24 Victoria Street Douglas Isle Of Man IM1 2LE Planning Officer: Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.09.2025 _________________________________________________________________
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.
It is judged that the application meets the tests of section 18 of the Town and Country Planning Act 1999 and Environment Policy 35 within the Strategic Plan, as the character of the conservation area is being preserved. Therefore, it is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan.
Plans/Drawings/Information; This approval relates to the documents and drawing no. 01 Rev A, 02 Rev A, 03, Rev A, 04 Rev A, which have been received on 5th August 2025. _________________________________________________________________ Right to Appeal None
1.0 THE SITE - 1.1 The site is 22-24 Victoria Street, a multi-storey building located on the north of Victoria Street. The top level of the building sets back from the front elevation.
2.0 THE PROPOSAL - 2.1 The proposal is the installation of railings around the roof of the building. They would be higher than the parapet.
3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Mixed Use (Strand Street) in the Area Plan for the East. - 4.2 The site is within the Athol Street/Victoria Street Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 has the following policies that are considered materially relevant to the assessment of this current planning application:
4.3 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area. - 5.0 OTHER MATERIAL CONSIDERATIONS Legislation
5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply, and appropriate consideration will be given in section 7. - 6.0 REPRESENTATIONS
6.1 Douglas City Council has not commented at the time of the report (01.09.2025).
6.2 DoI Highway Services has not commented at the time of the report (01.09.2025). - 7.0 ASSESSMENT Conservation Areas Statutory Test
7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or enhance the character of the Conservation Area.
7.2 The street has a mix of contemporary and traditional features, and the railing is considered to preserve these characters. Therefore, the proposal is considered to pass the test.
Elements of Assessment
7.3 The key considerations of this application are its impact on the design of the building itself, on the character and appearance of the conservation area. Design of the Building Itself - 7.4 Given 7.2, the proposal is considered to harm the design of the existing building. Character and Streetscene
7.3 Given 7.2, the proposal is considered to preserve these characters. - 8.0 CONCLUSION
8.1 It is judged that the application meets the tests of section 18 of the Town and Country Planning Act 1999 and Environment Policy 35 within the Strategic Plan, as the character of the conservation area is being preserved. Therefore, it is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan, and it is recommended for an approval. - 9.0 INTEREST PERSON STATUS
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
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 and/or rights to appeal.
Decision Made : Permitted Date: 02.09.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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