DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91010/B Applicant: Mr Jamie Talbot Proposal: Installation of replacement front boundary wall and railings Site Address: 2 Osborne Terrace Douglas Isle Of Man IM1 3LH Planning Officer: Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.10.2024 _________________________________________________________________

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.

• C 2. The approved boundary wall, railings and gates as shown on drawing no. PL03, received on 1st September 2024, shall be completed within 6 months of the date of the approval.

Reason: in the interest of the preserving the character of the appearance of the Conservation Area.

This application has been recommended for approval for the following reason.

The proposal preserves, and arguably enhances, the character and appearance of the conservation area. The proposal is considered to comply with General Policy 2 and Environment Policy 34, Environment Policy 35 of the Strategic Plan and the Residential Design Guide.

Plans/Drawings/Information;

This approval relates to the documents and drawing no's PL01, PL02 and PL03, which were received on 1st September 2024. _______________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas Borough Council - No objection

DoI Highway Services - No objection ___________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is 2 Osborne Terrace, Douglas, a mid-terrace house located on the north of Osborne Terrace. There is a front boundary wall with cast iron railings and a cast iron gate. The tips of the railing are missing. These have now been demolished.

2.0 THE PROPOSAL - 2.1 The proposed is the erection of a front boundary wall and the installation of a cast iron gate and cast iron railings.

- 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 Predominantly Residential in the Area Plan for the East.

4.2 The site is within the Woodbourne Road 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:

• o Strategic Policy 4 (a)
• o General Policy 2 (b) (c) (g)
• o Environment Policy 34
• o Environment Policy 35

PPS and NPD

4.4 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. Strategy and Guidance

5.2 The Residential Design Guide (July 2021) has the following policies that are considered materially relevant to the assessment of this current planning application: o Chapter 5 Architectural Details - 6.0 REPRESENTATIONS

6.1 Douglas Borough Council has no objection to this application (11.09.2024).

6.2 DoI Highway Services states there is no highway interest in this application (09.09.2024). - 7.0 ASSESSMENT

7.1 The demolition of the front boundary wall, railings and gate requires planning approval. However, given the application is to retore these features, it is considered that there is no need to include the demolition as part of the proposal. Conservation Areas Statutory Test

7.2 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.

7.3 The proposed front boundary wall and the gate would preserve the appearance of the terraces' front boundary and the cast iron railings with restored tips are considered to enhance the appearance of the terraces' front boundary. Therefore, it is considered that the proposal preserves the charterer of the Area and passes the test. Elements of Assessment - 7.4 The key considerations of this application are its impact on the house itself, on the character and streetscene of the area, the amenities of the neighbours and on parking. Design of the House Itself - 7.5 As mentioned in 7.2, the proposal is considered to not harm the character of the house. Character and Streetscene - 7.6 As mentioned in 7.2, the proposal is considered to have no negative impact on the character of the Area

- 8.0 CONCLUSION

8.1 The proposal preserves, and arguably enhances, the character and appearance of the conservation area. Therefore, the proposal is considered to comply with General Policy 2 and Environment Policy 34, Environment Policy 35 of the Strategic Plan and the Residential Design Guide and is recommended for an approval. - 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:

• o 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.

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):

• 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. _____________________________________________________________________

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: 17.10.2024 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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