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Application No.: 22/01045/B Applicant: Mr Robert Wright Proposal: Installation of photo voltaic solar panels to rear elevation roof and garden room roof. Site Address: 126 Malew Street Castletown Isle Of Man IM9 1LT Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.09.2022
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 proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, Environment Policy 35 of the Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, as it will preserve the character and appearance of the Conservation Area. The proposals also meet the tests of Strategic Policy 4 as the setting of the conservation area is being protected. In addition to this, the proposals meet General Policy 2 as the character of the surrounding townscape is not being adversely affected. The application is therefore judged to be acceptable.
Plans/Drawings/Information; This decision relates to drawings 01 and 02A, together with the other supporting information received on 19.8.2021. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is 126 Malew Street, Castletown. The property is a two storey, pitched roof end terrace dwelling with a slate roof finish, exposed limestone wall finish to the Malew Street and gable elevations, and painted smooth render wall finish to the rear elevation. A single storey pitched roof garden room extends in to the property's garden from the north-eastern corner of the main building.
2.0 THE PROPOSAL - 2.1 The application proposes to install solar panels on the rear elevation and garden room roofs.
3.0 PLANNING POLICY - 3.1 The site is within an area defined as Predominantly Residential on Map 5 of the Area Plan for the South 2013, and within the Castletown Conservation Area. The site is in an area at high likelihood of surface water flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999 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.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2: (b)(c)(g) Strategic Policy 4
4.0 PLANNING HISTORY - 4.1 There have been a number of applications at the property regarding alterations and extensions that are not judged pertinent to the current proposals. Application 13/00763/B permitted the installation of solar panels on the rear elevation.
5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (07.09.2021).
6.0 ASSESSMENT - 6.1 The pertinent issue to be assessed by this application is the impact of the proposed solar panels on the character and appearance of the Conservation Area. - 6.2 The solar panels are proposed to be sited on the south facing slope of the garden room extension and the eastern, rear, facing slope of the main dwelling. Neither of the proposed locations are visible from Malew Street or any other public viewpoint within the conservation area. The only publicly accessible location from which the roof slopes can be seen is the turning head within Ellerslie Gardens to the east, and this is a middle distance view of the rear roof slope. Given the very minimal visibility of the proposed solar panels, it is judged that the setting of the conservation area is being protected and the character and appearance is being preserved.
6.3 Whilst the site lies within an area at high likelihood of flooding, the nature of the development will not change the resilience or susceptibility of the site and surrounding area from flooding and as such, this is not considered to be a reason to refuse the application in this case.
7.0 CONCLUSION - 7.1 It is judged that the proposal meets the tests of Section 18 of the Town and Country Planning Act 1999, Environment Policy 35 of the Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, as it will preserve the character and appearance of the Conservation Area. The proposals are also judged to meet the tests of Strategic Policy 4 as the setting of the conservation area is being protected. In addition to this, the proposals are judged to meet General Policy 2 as the character of the surrounding townscape is not being adversely affected. It is therefore recommended that the application be approved.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
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.
Decision Made : Permitted Date: 29.09.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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