16 February 2023 · Delegated
Ground Floor Flat/1, 11, Mount Bradda, Douglas, Isle Of Man, IM1 4ar
This retrospective application sought permission for replacement windows to the front and rear, and a replacement door to the rear, at Flat 1, Ground Floor, 11 Mount Bradda, Douglas. The works had already been carried out before the application was submitted. The site is within the curtilage of a two-bay, three-storey terraced property on Mount Bradda Road. The officer assessed the proposal against the relevant statutory test and considered the impact on the character and appearance of the building. The application was permitted by delegated decision on 16 February 2023, with the officer recommending approval.
The application was approved by delegated decision. The key planning considerations were whether the works met the relevant statutory test and whether the replacement windows and door were acceptable in terms of the character and appearance of the property. Both were found to be satisfactory.
Section 18(4) of the Town and Country Planning Act (1999)
the works will pass the Section 18(4) test by preserving the Conservation Area
Environment Policy 35 of the Isle of Man Strategic Plan 2016
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
GP2
character and appearance (GP2, b,c)
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development