Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 25/90736/B Applicant: Geo. Devereau's & Sons Ltd Proposal: Rebuilding of gable end of existing structure Site Address: 33 Castle Street Douglas Isle Of Man IM1 2EX Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.09.2025 _________________________________________________________________

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. Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan having no significant impacts upon public or private amenities.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 01.08.2025.

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection - condtion sought not a material planning matter.

Officer’s Report

1.0 SITE - 1.1 The application site is the curtilage of 33 Castle Street, Douglas which is a two storey mid-terraced property with Castle Street to the east and Fredrick Street to the north. The ground floor unit is used by Devereau's Fish Mongers.

2.0 PLANNING POLICIES - 2.1 In terms of local plan policy, the application site is within an area recognised as being within an area of "Mixed Use Proposal Area - Strand Street" under the Area Plan for the East. The site is not within a Conservation Area. - 2.2 Due to the zoning of the site and the proposed works the following policy is most relevant in the determination of the application:- - 2.3 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."

3.0 PLANNING HISTORY - 3.1 The following are considered relevant to the determination of this proposal; - 3.2 Alterations and extensions and change of use from fancy goods shop to retail fish shop

- 89/01669/B – APPROVED

4.0 PROPOSAL - 4.1 The application seeks approval for the rebuilding of gable end of existing structure. The works included the demolition of the entire east elevation (facing onto Castle Street) and rebuilt within new windows and door to the front of the ground floor retail unit and the installation of a new window at first floor. The existing timber boarding would not be reinstated.

5.0 REPRESENTATIONS - 5.1 Highway Services comment (12.08.2025); " After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking providing the eco drain is not located on the adopted highway (unclear on the proposed gable rebuild scope plan) - a

condition stating that no works are approved on the adopted highway should be attached to permission."

6.0 ASSESSMENT - 6.1 The key issues relate to the potential visual impact upon the street scene. Potential visual impact upon the street scene - 6.2 The proposed works would be publicly apparent when passing the site along Castle Street. However, with the exception of the timber boarding at first floor not being reinstated the works are very similar and raise no concerns. Furthermore, the design, form, size and finish are considered to be appropriate within this site. Accordingly, it is considered the proposal would comply with General Policy 2 from this respect.

7.0 CONCLUSION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan having no significant impacts upon public or private amenities and therefore it is recommended that the application be approved.

8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 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). - 8.2 Article A10 sets out that the right to appeal is available to:

• applicant (in all cases);

• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 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. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

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: 03.09.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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