DEC Officer Report

Application No.: 23/00141/B Applicant: Mr Joseph Callister Proposal: Replace all 26 windows with PVC windows. The front will be sliding sash and the back of the house will be casement windows. Replace all 4 doors with casement doors Site Address: Cornhill City House 9 Hope Street Castletown Isle Of Man IM9 1AS Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.04.2023

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 replacement sliding sash windows are to feature run through sash horns.

Reason: To preserve the character of the Proposed Conservation Area within which the property sits.

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 16th February 2023;

• o Site Plan
• o Location Plan
• o Existing Photos
• o Quote showing proposed windows and doors

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

1.1 The application site is within the curtilage of "Cornhill City House," No.9 Hope Street, Castletown which is a three storey mid terraced property situated to the Western side of Hope Street. THE PROPOSAL - 2.1 The current planning application seeks approval for the following,

• - replacement of the front windows with uPVC sliding sash
• - replacement of the rear windows
• - replacement of the two doors to the front elevation and the rear door. PLANNING HISTORY

3.1 The previous applications upon the site are not relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" under the Area Plan for the South, Map 5 - Castletown. The site is within a Flood Risk - High Risk Tidal Zone and 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. - 4.3 Due to the site being within a Flood Risk Zone, Environment Policy 10 should also be relevant in the assessment of this application, whilst this is the case, the proposal is not altering the built fabric of the property and as such a Flood Risk Assessment is not required. REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that Highway Licences may be necessary for any equipment and materials to be placed within the highway for the duration of the proposed works." (16.03.23)

5.3 No comments have been received from Castletown Commissioners at the time of writing this report. 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)

- 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 works are in two separate parts of the site, first the proposed replacement windows to the front and rear and secondly the proposed replacement doors to the front and rear.
• 6.2.3 With regards to the windows, the main ones which will ultimately impact the Conservation Area, are situated within the front elevation. As such the proposal to keep these as sliding sash is deemed to preserve the Conservation Area. The rear windows proposed are acceptable for the proposal and will not impact the overall Conservation Area.
• 6.2.4 Turing towards the proposed doors to the front elevation which again are the most likely to impact the Conservation Area. It can clearly be seen that the proposal is to have two separate doors to associate two separate parts of the property, the front entrance and the entrance into the rear. Whilst the proposed doors are not fully what would be wanted within such a property, the proposed doors are deemed ultimately acceptable and will preserve the Conservation Area as a whole. The proposed rear door is deemed as acceptable and should not impact the 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 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. As stated above the works are acceptable and should not alter the Conservation Area as a whole. CONCLUSION

7.1 The proposed windows and doors are deemed 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 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: 21.04.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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