DEC Officer Report

Application No.: 22/00343/B Applicant: Mr Dennis John Kneale Proposal: Replace existing french doors with single door and side panel window Site Address: My Den Ballashalom Glen Road Laxey Isle Of Man IM4 7AP Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.04.2022

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 11th March 2022;

• o Location Plan
• o Photo of existing situation
• o Side Elevation

_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of My Den, Ballashalom is a single storey dwelling with rooms in the roofspace property situated to the North East of Glen Road. The property is situated to the rear of Glenedge, Glen Road. THE PROPOSAL - 2.1 The current planning application seeks approval for the removal of a rear double door and installation of single door with glazed side panel. PLANNING HISTORY - 3.1 The below applications are relevant to the assessment of this application,

• 3.1.1 PA15/00878/B - Extension to and conversion of detached garage into a dwelling and improvement to vehicular access onto highway - Approved at Appeal
• 3.1.2 PA18/00553/B - Alterations and additions to dwelling substantially completed (dwelling approved under 15/00878/B) - Permitted. PLANNING POLICY

4.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East - Map 7 - Laxey. The property is within a Conservation Area and Flood Risk Zone.

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 Consideration also needs to be given to Environment Policy 10 which seeks that where there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for Planning Permission. REPRESENTATIONS

5.1 The following representations can be found in full online, the below is a short summery;

5.2 Highway Services have considered the proposal and state "No Highways Interest." (31.04.22) - 5.3 Garff Commissioners have considered the proposal and state they have no objection. (13.04.22)

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

• - Section 18(4) test
• - character and appearance (GP2, b,c & EP25)
• - flood risk 6.2 CHARACTER AND APPEARANCE

- 6.2 SECTION 18(4) TEST

• 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 doorway is situated to the rear of the property away from a public vantage point and do not detract from the overall Conservation Area.

• 6.2.4 With the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.

6.3 CHARACTER AND APPEARANCE

• 6.3.1 In the case of this application the proposed works are situated to the rear of the property and not within a public vantage point. Whilst this does not generally mean that an application will be directly approved, the proposed works are not a feature which would be seen within a residential environment. The proposed doors are also replacing double doors which lead to the rear garden, as such the proposed works does not impact the dwelling itself or the surrounding streetscene.

6.4 FLOOD RISK

• 6.4.1 Turning towards the requirement for Flood Risk Assessment, the proposal does not alter the overall structure of the property, with the proposal fitting within an already formed opening, as such was deemed that a Flood Risk Assessment would not be required for this application. CONCLUSION

7.1 The proposed new doorway and glazed side panel are 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. INTERESTED PERSON STATUS - 8.1 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. 8.2 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 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 : 26.04.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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