Officer Report

Application No.: 24/91343/B Applicant: Mr Gary Blackburn Proposal: Replacement render, roof, and windows. Replacement of a window with bifold doors on rear elevation (in association with 24/01353/CON) Site Address: Heron's Rock 41 Queen Street Castletown Isle Of Man IM9 1PA Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.01.2025 _________________________________________________________________

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. 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 27th November 2024;

• o Covering Letter
• o Drawing No. 1A
• o Drawing No. 2A
• o Drawing No. 3A
• o Drawing No. 5
• o Drawing No. 6 This decision also relates to Drawing No. 4D dated received 9th January 2025

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations/ properties should NOT be given the Right to Appeal: DOI Highway Services - No objection

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of 41 Queens Street, Castletown which is a three storey end of terrace dwelling situated to the South East of Queens Street. - 1.2 The existing property has casement windows to the front and rear. THE PROPOSAL

2.1 The current planning application seeks approval for but not limited to the following;

• - replacement roof with natural slates
• - replacement velux rooflights (conservation)
• - replacement of existing uPVC casements with timber sliding sash to front and rear
• - re-rendering of dwelling
• - replacement of existing front door with timber four panelled door
• - removal of rear door and window to ground floor level and installation of either patio or bifolding doors.

PLANNING HISTORY

3.1 There are no previous applications which are relevant to the assessment of this application but there is one concurrent application which is relevant, PA24/01353/CON which is for "Registered Building Consent for demolition aspects to 24/91343/B," which is currently pending. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the South, Map 5 - Castletown. 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, 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 and Planning Policy Statement 1/98 - The Alteration and Replacement of Windows. - 4.3 Also relevant tis the Residential Design Guide (2021) which offers advice on the design and in relation to visual impact and the impact on neighbours.

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." (09.12.24 & 17.12.24) - 5.3 Castletown Commissioners were consulted on the 4th December 2024, at the time of this report, no comments have been made. (17.01.2025)

ASSESSMENT

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

• - Section 18(4) test / Character and Appearance

• - neighbouring amenity (GP2,g)

- 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 can be seen as two separate parts, firstly the works to the front elevation and secondly the works proposed to the rear elevation.
• 6.2.3 When looking at the front elevation, the main impact from the proposal is the replacement of the existing casements with timber sliding sash and the replacement door, both of which would have a positive impact upon the Conservation Area as a whole. The replacement roof and velux window to the front elevation would have a neutral impact upon the Conservation Area as a whole.
• 6.2.4 Turing towards the works to the rear, whilst the works can be seen from a public vantage point, of the beach, it is unlikely that the works would have an impact on the Conservation Area, mainly due to the works being a suitable alteration within a residential environment and as such the works will be viewed as such. It is also noted that the Character Appraisal for Castletown does not reference the rear of the properties, which means that the front elevation is the most likely to impact the Conservation Area not the rear elevation.
• 6.2.5 As such with the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.

- 6.3 NEIGHBOURING AMENITY

• 6.3.1 Turning towards whether the proposed works will have an impact upon neighbouring properties. The main works which could impact the neighbouring property to the South West of the site would be the replacement door/window with patio/bi-folding doors to the rear ground floor elevation. Whilst the proposal is increasing the amount of glazing within the property, due to the location of the works, it is unlikely that the proposal would impact the neighbouring property by means of overlooking, perceived or actual, loss of light or overbearing impact. As such the proposal is deemed to be acceptable from this point of view with there not being any concerns which would warrant refusal. CONCLUSION
• 7.1 The proposal is deemed 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. 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:

• 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.

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. _____________________________________________________________________________________________________

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: 17.01.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.