Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 25/90012/B Applicant: Miss Emilie Wilson Proposal: Replacement of rear dormer windows and installation of a french door Site Address: 34 Patrick Street Peel Isle Of Man IM5 1BR Planning Officer: Vanessa Porter Photo Taken: 25.02.2025 Site Visit: 25.02.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.03.2025 _________________________________________________________________

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.

It is concluded that the proposal complies with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01. Although the frame materials are not traditional, as required by Environment Policy 34, they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 8th January 2025;

• o Drawing No. 101
• o Drawing No. 103
• o Drawing No. 104 _________________________________________________________________

Right to Appeal

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

It is recommended that the following should be given the Right to Appeal:

Owner/Occupier of No.36 Patrick Street - objection (no condition regarding mitigation added to application)

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of No. 34 Patrick Street, Peel, which is a mid terraced property situated to the Western side of Patrick Street. THE PROPOSAL - 2.1 The current planning application seeks approval for the redevelopment of the rear dormer which is to include the addition of new cedral click cladding to the exterior, a new uPVC window and the installation of a Juliet balcony. PLANNING HISTORY - 3.1 There are two previous applications which are relevant to the assessment of this application;

• PA01/00807/B - Installation of uPVC windows to replace existing - Refused at Appeal
• PA02/01732/B - Installation of uPVC sliding sash windows and door to replace existing to front elevation - Split Decision PA41891R - Provision of dormer windows - Approved at Appeal.

PLANNING POLICY

4.1 The site lies within an area zoned as "Mixed Use" on the Peel Local Plan 1989 Map. The site is not situated within a Flood Risk Zone but is situated 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 and 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. - 4.3 Also relevant to the assessment of the application is General Policy 2 of the Isle of Man Strategic Plan 2016 which sets out "development control" considerations, the Residential Design Guidance 2021 and Planning Circular 1/98.

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." (24.10.24) - 5.3 No comments have been received from Peel Town Commissioners at the time of writing this report. (28.02.25) - 5.4 The owner/occupier of No. 36 Patrick Street, Peel have written in with comments with regards to overlooking and the construction of the cladding. (29.01.25)

ASSESSMENT

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

• - Section 18(4) test - Character
• - Section 18(4) test - Appearance
• - neighbouring amenity

- 6.2 SECTION 18(4) TEST - CHARACTER

• 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.

The proposed works are situated to the rear of the application site, whilst views are seen to this side of the property, they are from a distance across the valley or from below, as such the works will be seen in the context of their surroundings, and overall will preserve the overall Conservation Area.

6.3 SECTION 18(4) TEST - APPEARANCE

• 6.3.1 When looking at the appearance of the proposed works, in the first instance the proposed use of uPVC is acceptable by complying with Planning Circular 1/98. Due to the proposal being situated in the rear of the property, the proposal Cedral Click instead of timber is deemed acceptable.

• 6.3.2 The proposed Juliet balcony is not an unusual design feature within the rear of the dwellings within the terrace as such this is also deemed acceptable from this point of view.
• 6.3.3 Overall the proposed appearance of the works is deemed to preserve the Conservation Area as a whole.
• 6.4 NEIGHBOURING AMENITY

• 6.4.1 Turning towards the proposed impact of the works upon neighbouring amenity when noting the comments raised from the neighbouring property.

• 6.4.2 A site visit was conducted by the officer to ascertain the existing overlooking vs the proposed works. When looking at the existing situation, the rear garden of both No. 36 Patrick Street and No.32 Patrick Street could be seen, with less of No.36 Patrick Street due to the existing flat roofed extensions on No. 34 & 36 Patrick Street.
• 6.4.3 Whilst the comments raised by No. 36 Patrick Street are noted, the overlooking to their rear garden would not increase above and beyond the existing situation from the proposed Juliet, with the main impact from the proposed works being main upon No. 32 Patrick Street. Whilst this is the case, during the officers site visit the whole of the end part of No. 32 Patrick Streets garden was viewable. As such the proposal would not be increasing any overlooking above and beyond what is currently in place and is deemed acceptable from this point of view.
• 6.4.4 The other comments raised by No. 36 Patrick Street are noted and would be a civil matter between parties.

CONCLUSION

7.1 It is concluded that the proposal complies with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01. Although the frame materials are not traditional, as required by Environment Policy 34, they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area. 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 the Head of Development Management 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 : 03.03.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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