Officer Report

Application No.: 24/91309/B Applicant: Mrs Jean Holden Proposal: Installation of replacement roof tiles, and installation of solar panels added to the east facing pitch of roof. Site Address: 9 Lyndale Avenue Peel Isle Of Man IM5 1JY Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.04.2025 _________________________________________________________________

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 existing roof tiles along the terrace appear to be being replaced by individual owners as time goes by with similar roof tiles to those proposed. As such the proposed replacement roof tiles would preserve the character of the street within the Conservation Area. The solar panels will be seen in very limited views within the Conservation Area. Having applied the Statutory test of Section 18(4) of the Town and Country Planning Act (1999) it is considered that no adverse harm will occur within the Conservation Area.

The proposal would not cause undue harm to the character of property within the Conservation Area, nor residential amenity, nor the streetscene. The proposal is considered to accord with Strategic Policy 3 and 5, General Policy 2, Environment Policy 23, 34, 35 and 42 and, Energy Policy 3 and 4 of the Isle of Man Strategic Plan 2016 and the Design Guide.

Plans/Drawings/Information;

This decision relates to the following Plans, drawings and detail received on the 19th of November 2024; unless stated otherwise.

• o Location and Site Plan no.01 Revision A01
• o Existing and Proposed Roof Plan no.02 Revision A01 _____________________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: o DoI - Highways Services - No objection

_________________________________________________________________ Officer’s Report

- 1. THE SITE

• 1.1. The application site relates to the curtilage of no.9 Lyndale Avenue in Peel. The dwelling is a mid-terraced house situated to the northeast side of Tynwald Road. On the opposite side of the road is an expanse of woodland open space south of St. German's Cathedral.
• 1.2. Lyndale Avenue is a narrow street comprising terraced properties on the east side and vegetation on the west side of the street. The street is a cul-de-sac with access from Tynwald Road.
• 1.3. The properties in Lyndale Avenue are all very similar, a terrace of brick faced ground floors and rendered first floors, uniform chimneys across the front and rear pitches and unfortunately one dormer on the front of number 2 which interrupts the symmetry of the terrace.

- 2. THE PROPOSAL

• 2.1. Planning permission is sought for the replacement of the existing asbestos tiles with blue/black Cedral Thrustone smooth fibre slates to match adjacent roofs and, installation of a solar panel system comprising 6 panels on the east slope of the roof.
• 3. PLANNING POLICY Site Specific

• 3.1. The site is not in a flood zone however there is some risk from surface water flooding at the rear of the property. There are no Registered Buildings abutting the site. There are protected trees opposite the site that are separated from the site by the road.

• 3.2. On the Area Plan for the North & West, Draft Proposals Map 6, Peel Town Centre, the site is within an area identified as being 'Predominantly Residential'; unchanged post proposed modifications. The designation is the same as the adopted Peel Local Plan 1989. At the time of writing this report the Draft Proposals Map 6 has not been adopted therefore at this stage, the Peel Local Plan Order 1989 remains the correct land use designation. Strategic Plan
• 3.3. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
• 3.4. Strategic Policy 3 and Environment Policy 42 focus on the visual design of development and its impact upon the character and identity of its immediate locality which should be preserved.
• 3.5. Strategic Policy 5: development should be designed to make a positive contribution to the environment of the Island.
• 3.6. General Policy 2: 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 meets the relevant criteria. The relevant criteria in this instance are considered to be (c), (g) and (n):

• (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (n) is designed having due regard to best practice in reducing energy consumption.
• 3.7. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• 3.8. Environment Policy 23 states "When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours."
• 3.9. Environment Policy 35 - Seeks to preserve or enhance the character or appearance of Conservation Areas.
• 3.10. Environment Policy 42 - seeks to preserve character and local distinctiveness
• 3.11. Energy Policy 3 and 4: seeks to promote environmental benefits to the Island where and when opportunities arise provided impacts upon heritage assets such as Conservation Areas is given due consideration.

- 4. OTHER MATERIAL CONSIDERATIONS

• 4.1. Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application."

• 4.2. Residential Design Guide (2021): Section 2.3 on Building Design, particularly paragraph 2.3.2 which deals with the provision of renewable technology is also considered relevant to the current scheme. Legislation

• 4.3. 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".
• 5. PLANNING HISTORY

• 5.1. There is previous planning history but none considered to be materially relevant to determine this application.
• 6. REPRESENTATIONS

• 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. Local authority

• 6.2. Peel Town Commissioners - although consulted on the 03.12.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. Statutory Bodies
• 6.3. Highway Services - No interest (16.12.2024).

• 6.4. Registered Buildings - although consulted on the 16.12.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
• 6.5. Manx Utilities, Electricity - although consulted on the 16.12.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.

• 7. ASSESSMENT Principle

• 7.1. Replacement roofs are generally acceptable and removal of an asbestos roof with a material similar to neighbouring properties within the terrace would appear to be acceptable.

• 7.2. Development that reduces the uses of fossil fuels is generally welcomed and encouraged under Chapter 12 of the Isle of Man Strategic Plan. Increasingly existing households are adding solar panels to the roof to reduce fossil fuel usage. The principle of the proposal is therefore welcomed.
• 7.3. The key considerations are whether the proposal would result is any adverse impact on the character or appearance of the existing property or the wider street scene and Conservation Area, and whether there are any potential adverse impacts on residential amenity.
• 7.4. Impact upon the Conservation Area

• 7.4.1. The roof slope of the property is seen amongst the roof slope of the other terraced properties. Travelling north or south along Tynwald Road (A1) the roofs of the terrace nearest Tynwald Road are only visible in some views. The application site is towards the end of the culde-sac therefore not in any prominent views of the Conservation Area.
• 7.4.2. In views within the street, the replacement roof material will harmonise with other roofs and so preserve the Conservation Area.
• 7.4.3. The solar panels are on the rear of the property therefore they would not impact upon the streetscene.
• 7.4.4. The site was not observed in any wider views onto the Conservation Area however, if one existed the solar panels would appear amongst the roofscape of the town.
• 7.4.5. The proposal will cause harm by virtue of the addition of the reflective unnatural material compared to the natural roof material.
• 7.4.6. In applying the Statutory test, Section 18(4) of the Town and Country Planning Act

(1999), it is considered that the proposal would cause slight harm by virtue of the fact that the traditional roof material would be covered. However it is not visible therefore the harm is considered slight and would in general have no visual impact upon the character or designation of the Conservation Area.

Residential Amenity

• 7.5. Although the rear elevation is opposite other habitable buildings, the separation distance and topography afford sufficient separation. The dwellings behind the site front onto Albany Road which is on land higher than the application site. As such the solar panels are not directly opposite any habitable rooms. It is considered that the proposal would not cause harm to residential amenity.

- 8. CONCLUSION

• 8.1. In respect of the replacement roof tile, the proposal would preserve the Conservation Area. In respect of the solar panels on the rear roof slope, the proposal would have a slight impact on the character and appearance of the Conservation Area. The slight harm is

considered to outweigh the contribution to reducing the use of fossil fuels thus contributing to the Islands environment.

• 8.2. For the reasons outlined in the report the proposal would not cause undue harm to the character of property within the Conservation Area, nor residential amenity, nor the streetscene. The proposal is considered to accord with Strategic Policy 3 and 5, General Policy 2, Environment Policy 34, 35 and 42 and, Energy Policy 3 and 4 of the Isle of Man Strategic Plan 2016 and the Design Guide.
• 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

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.

9.5 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: 14.04.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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