DEC Officer Report

Applicant: Mr & Mrs Jeremy Christian Proposal Erection of extension over raised patio area to provide roof terrace with storage under, to rear of dwelling Site Address Luss House 14 Patrick Street Peel Isle Of Man IM5 1BR Case Officer : Mrs Vanessa Porter Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 17.11.2022

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.

• C 2. Prior to commencement details of the proposed bird strike mitigation which is to be installed onto the proposed balustrade shall be submitted to an approved in writing by the Department and retained thereafter. The development shall be undertaken in accordance with the approved details. Reason: to ensure that the details are appropriate to reduce the risk of bird strike.

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 15th September 2022;

• o Drawing No. 22 1676 01
• o Drawing No. 22 1676 02

Interested Person Status – Additional Persons

None ________________________________________________________________

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN AN OBJECTION FROM THE LOCAL AUTHORITY WHERE THE APPLICATION IS RECOMMENDED FOR AN APPROVAL

THE APPLICATION SITE

1.1 The application site is within the curtilage of Luss House, 14 Patrick Street, Peel which is a mid-terraced traditional dwelling, situated to the West of Patrick Street. THE PROPOSAL - 2.1 The current planning application seeks approval for the erection of a store room measuring 1.75m by 2.7m to the rear yard, with the installation of a balcony to the roof which is accessed via an external staircase. PLANNING HISTORY - 3.1 There is one previous application which is relevant to the assessment of this application PA13/00513/B which was for the erection of timber decking in rear yard (retrospective). PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" under the Peel Local Plan 1989. The site isn't within a Flood Risk Zone but is 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. REPRESENTATIONS - 5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and have no highways interest (12.10.22)

5.3 Peel Town Commissioners have written in to object to the application on the basis that it will result in overlooking to the neighbouring properties. (03.11.22) ASSESSMENT - 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)
• - impact upon neighbouring amenity

- 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 Firstly when looking at the site, it is noted that it is situated within an elevated position in the overall streetscene, as such the proposed store room and staircase will not be seen from a public vantage point. Whilst this is the case the proposed balustrade of glass will be able to be seen from a public vantage point.
• 6.2.3 Overall, having the balustrade in glass and due to its modest scale the terrace will have a limited impact upon the Conservation Area as a whole, as such the works will pass the Section 18(4) test by preserving the Conservation Area.

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area. The proposal is deemed acceptable in accordance with the policies that seek to preserve the character and appearance of the dwellinghouse and is not considered to have an adverse impact on the character or appearance of the Conservation Area.

6.4 IMAPCT UPON NEIGHBOURING AMENITY

• 6.4.1 This is where the most impact from the works is possible, due to its location within the streetscene, not only is the proposed balcony raised up and as such on the first floor level with several properties but the area in Peel that the balcony is situated in is quite built up.

• 6.4.2 As such the only way to truly understand the possible impact is to assess the situation from the neighbouring properties. A site visit was undertaken from three properties, "Viking House," No. 7-9 Station Road, where the most relevant window which is overlooked would be a bedroom window but you would have to be directly in the corner of the house to view the proposed balcony area. "Wellbrow," No.10-12 Patrick Street, where the most relevant windows are to the internal hallway of the property and No. 16 Patrick Street, where the proposal will overlook the upper half of their rear garden.
• 6.4.3 Having looked from these sites and initially thinking there would be an overlooking impact from the proposal, whilst there would be some overlooking from the proposed balcony this would not be above and beyond what is currently in place at the moment, due to the built up environment.
• 6.4.4 It should be noted that a request for a site visit was requested to No. 10 Station Road, but no reply was received, as such it is deemed that from an impact upon neighbouring properties the proposal will comply with General Policy 2.

CONCLUSION

7.1 The proposed fire exits and removal of the rear walling is 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 Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made: Permitted Committee Meeting Date: 05.12.2022

Signed: VANESSA PORTER Presenting Officer

Further to the decision of the Committee an additional condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.

PLANNING COMMITTEE DECISION 05.12.2022

Application No

22/01162/B

Applicant Mr & Mrs Jeremy Christian Proposal Erection of extension over raised patio area to provide roof terrace with storage under, to rear of dwelling Site Address Luss House 14 Patrick Street Peel Isle Of Man IM5 1BR Planning Officer Presenting Officer Mrs Vanessa Porter

As above

Addendum to the Officer Report

Planning Committee agreed with the officers recommendation on the basis of an additional condition (see below) being attached,

C 2. Prior to commencement details of the proposed bird strike mitigation which is to be installed onto the proposed balustrade shall be submitted to an approved in writing by the Department and retained thereafter. The development shall be undertaken in accordance with the approved details.

Reason: to ensure that the details are appropriate to reduce the risk of bird strike.