DEC Officer Report

Application No.: 23/01427/B Applicant: Mr & Mrs Ian Jones Proposal: Installation of garage door in existing stone boundary wall to create Parking Bay to rear of dwelling Site Address: 8A Crown Street Peel Isle Of Man IM5 1AJ Planning Officer: Mr Paul Visigah Recommended Decision: Permitted Date of Recommendation: 12.01.2024

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 Access, Parking and Visibility, shall be provided strictly in accordance with approved plan Drawing No. 23 1768/PB-01 received 19 December 2023, and retained as such thereafter. Reason: In the interests of highway safety.

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

The proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the conservation area is being preserved. The application also meets the tests of Strategic Policy 4 and Environment Policy 35 of the IOM Strategic Plan 2016 as the Conservation Area is being protected and preserved. Given the proposed layout and design of the scheme, the application also meets Transport Policies 4 and 7, General Policy 2 and Environment Policy 42, and there would be no adverse impacts on neighbouring amenity, highway safety or the visual amenities of the area.

Plans/Drawings/Information; This decision relates to the documents and plans received 19 December 2023.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of 8A Crown Street, Peel, which is a two storey property situated to the southern side of Crown Street, which has its eastern boundary wall adjoining the car park at corner of Market Street & Shore Road, Peel. The garden of this dwelling is enclosed in a boundary wall finished in stone, and is about 3.6m high across much of its length. - 1.2 The neighbouring property has an existing parking bay which is accessed via the existing parking area, through an opening on the boundary wall which encloses large section of the car park.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the Installation of garage door in existing stone boundary wall to create Parking Bay to rear of dwelling. A section of the wall measuring 3m wide and 2.2m high would be removed to create the new garage door opening, while a new light grey powder coated aluminium or uPVC framed up and over garage door will be installed within the opening. - 2.2 The new parking area which would be created within this rear garden would measure 6m and be 3.6m wide (although the rear section would be chamfered resulting in a narrower width at the rear). This parking bay would be set over an existing hardstanding area which would be extended to the rear by a further 2.4m to create the required 6m length. The new parking bay would open onto the existing car park at the eastern boundary of the application site. - 2.3 Two existing palm trees within the rear garden would be removed to enable the development.

- 3.0 PLANNING POLICY

3.1 Site Specific

• 3.1.1 In terms of local plan policy, the application site is within an area recognised as being within an area of Mix use under the Peel Local Plan Order 1989, and the site is within the Peel Conservation Area. There are no registered trees on site and the site is not within a Registered tree area or prone to flood risks.

3.2 National: IOMSP 2016

• 3.2.1 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:

• a. Environment Policy 35 - Seeks to preserve or enhance the character or appearance of Conservation Areas.
• b. Environment Policy 42 and Strategic Policy 3 (c) - requires design and material to respect the character and identity of the locality.
• c. Strategic Policy 1 - relate to efficient use of land and resources.
• d. Strategic Policy 5 - Design and visual impact
• e. General Policy 2 - General Development Considerations
• f. Transport Policy 2 - Requires layouts to link to existing systems.

• g. Transport Policy 4 - Highway Safety
• h. Transport Policy 7 - Parking Provisions

- 4.0 OTHER MATTERIAL CONSIDERATIONS 4.1 TOWN AND COUNTRY PLANNING ACT 1999

• 3.1.1 S18 Designation of conservation areas

(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.

4.2 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN

• 4.2.1 POLICY CA/2 - Special Planning Considerations

4.3 The Residential Design Guide (July 2021) also contains guidance in Section 3.1 on Local Distinctiveness, while Section 3.3 deals with Transport Issues. - 5.0 PLANNING HISTORY

5.1 The application site has been the subject of a previous planning application for Erection of an extension to dwelling under PA 11/00194/B (Approved), which is not considered specifically material to the assessment of this current planning application. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking (22 December 2023).

6.2 Peel Town Commissioners and the neighbours have not made any comments. - 7.0 ASSESSMENT

7.1 Given the land-use designation and the type of development the following issues are relevant for consideration in the determination of this application;

7.2 Character and Appearance (EP 35, 42, GP2, STP 3b, TCPA, PP1/01)

• a. Character and Appearance
• b. Potential impact upon neighbouring amenities; and
• c. Potential impact upon highway safety/parking provision.

• 7.2.1 The application proposes to demolish part of the existing boundary wall finished in Manx stone and create a new opening for a garage door, with the form, scale and style of the proposed garage door judged to be entirely appropriate for this part of the conservation area, and would be likely to preserve the character of the Conservation Area. Therefore, it is considered that the proposal would not conflict with Section 18(4) of the Town and Country Planning Act which requires that special attention shall be paid to the desirability of preserving or enhancing the character or appearance of a Conservation Area in the exercise, with respect to any buildings or other land in a Conservation area.
• 7.2.2 Whilst it is noted that the proposal would result in evident changes to the appearance of the stone wall which is a key feature of the Conservation area, as the stone is a prominent building material used on building elevations and boundary finishes, only a small section of the wall would be removed (3m wide), with major sections of the wall still retained in its current form. Therefore, it is considered that the impact of this change would be relatively minor in terms of the visual amenity of the surrounding area. Besides, the works are not situated along the site frontage or main street scene which contributes to the character of the Conservation

• Area, being situated along a rear lane which is not a main thoroughfare as it ends in a cul de sac and there are limited views from the adjoining street scene along Shore Road.
• 7.2.3 Additionally, the rear lane does contribute little to the character and appearance of the area, being enclosed within the rear yard of dwellings, and providing mainly access for services to the dwellings situated along Shore Road, Crown Street and Castle Street. Moreover, the finish of the garage door in light grey would ensure it ties in with the colour of the existing stone wall. Thus, it is considered that the proposal would constitute an appropriate development for the site and immediate vicinity.

- 7.3 POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES (GP2)

• 7.3.1 Regarding the potential impacts upon neighbouring properties, it is not considered that any impacts on neighbours would be so adverse to warrant a refusal. This is hinged on the fact that the proposed alteration to the wall and creation of new parking would not alter the existing situation in terms of privacy concerns for neighbours, impacts on outlook, create flood risk concerns, or prejudicing the use or development of adjoining lands, or use of adjacent parking provisions.

7.4 POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION (GP2, TP4 & TP7)

• 7.4.1 The proposed access and driveway will provide the dwelling with a single off road parking space, which although would be below the required two parking space per dwelling requirement, would go a long way to compensate for the lack of on-site parking at the site and this weighs in favour of the proposal as it would benefit the residential use of the property.

• 7.4.2 The scheme would also feed into the existing highway network which serves the area and is capable of accommodation the associated traffic generation, making it comply with Transport Policy 4.
• 7.4.3 Additionally, Highway Services which are heavily relied upon in ascertaining potential highway safety impacts of proposed developments have noted that the proposed alteration to the boundary wall and creation of parking area is acceptable, as it would have no significant highway safety/parking concerns. As such, it is considered that the scheme as proposed would be in accordance with GP2 (h & i), and Transport Policies 4 and 7.

- 8.0 CONCLUSION

8.1 On the basis of the above it is recommended that the planning application be approved. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and

• o whether there are other persons to those listed above who should be given Interested Person Status.

I can confirm that this decision has been made by the Acting 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

Decision Made : Permitted Date : 17.01.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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