DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00240/B Applicant: Ms Tazmin Lawrence Proposal: Installation of replacement front windows, front door, replace existing roof tiles with slate effect roof tiles and associated repair works, removal of a tree in the rear garden, erection of single story extension to the rear with white rendered walls and flat roof laid to sedum Site Address: 22 Queen Street Castletown Isle Of Man IM9 1PA Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 26.05.2023

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.

This application has been recommended for approval for the following reason.

The proposed alterations and rear extension is 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), Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 1st March 2023;

• o Drawing no. 001
• o Drawing no. 002
• o Drawing no. 011
• o Drawing no. 030

• o Drawing no. 031
• o Drawing no. 032
• o Drawing no. 033
• o Drawing no. 034
• o Drawing no. 100
• o Drawing no. 102
• o Drawing no. 120
• o Drawing no. 121
• o Drawing no. 130
• o Eternit Thrutone 600x300 Slate manufacturing detail
• o uPVC Sliding Sash window detail
• o Solidor Composite Door Detail This decision also relates to Drawing No. 131 dated received on 31st March 2023.

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

1.1 The application site is within the curtilage of 22 Queen Street, which is an end of terrace, two storey property situated to the Northern side of Queen Street. The property sides on to the car park on the western side of Farrant's Way and to the rear of the property is a lane which leads to parking spaces, rear access to properties in Queen Street and Scarlett Road and some garages. - 1.2 The side of the property has a blank gable stone wall facing the car park and to the rear, set back slightly, is a stone wall of similar height running along the side of the rear yard. The wall turns through 90 degrees to run part way along the rear boundary before dropping down to half the height for the majority of the rear boundary. - 1.3 The rear outrigger which sits on the car park side of the rear yard has a part hipped roof facing the car park and rear lane but is otherwise flat roofed. There is a lower, single storey flat roofed element alongside. The flat roofed part is not discernible from the car park but is visible from the southern side of the house, from the lane. - 1.4 The boundary with number 24, which is a much smaller and slightly lower property, is formed by fencing and a wall closest to the rear of both properties - which comes part way up the rear single storey outrigger on number 24, with the rear of both properties easily visible from the rear lane. There is a tree which sits close to the rear of both properties, within the application site, which is to be removed as part of the application. THE PROPOSAL

2.1 The current planning application seeks approval for the following;

• - replacement of the existing windows on the front elevation to sliding sash, uPVC with a white woodgrain appearance
• - replacement of the existing door in a like for like manner, with the material being uPVC
• - replace existing tiles with Eternit Thrustone Slate tiles

• - demolition of existing single storey extension and erection of single storey flat roofed extension to the rear, which is to infill the rear. PLANNING HISTORY

3.1 There is one previous application which is relevant to the assessment of this application PA19/00935/B which was for, "Alterations, erection of a two storey extension to rear and replacement of existing cement roof slates with natural slate," and was refused for the following reason, "Whilst at the rear, the property still lies within Castletown's Conservation Area and the size and appearance of the extension would be unsympathetic to the appearance and character of the property contrary to Environment Policy 35 and Planning Policy Statement 1/01 CA/2." PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the South. 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, 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 and Planning Policy Statement 1/98 - The Alteration and Replacement of Windows. - 4.3 Also relevant tis the Residential Design Guide (2021) which offers advice on the design and in relation to visual impact and the impact on neighbours. 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." (17.03.23 and 3.04.23) - 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
• - 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 The proposed works can be read in two separate parts when assessing whether the proposal would impact the Conservation Area. Firstly the alterations to the front elevation and secondly the proposed extension and works to the rear of the site.
• 6.2.3 When looking at the proposed change to the windows from wood to uPVC, Planning Policy Statement 1/98 states, "…replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction,….."
• 6.2.4 As such the proposal to change the front windows from wooden sliding sash to uPVC sliding sash is an acceptable alteration and would not impact the overall Conservation Area.
• 6.2.5 Turning towards the proposed replacement door, the Department does not currently have policies in place for the replacement of doors within Conservation Areas, notwithstanding this the proposed door is a like for like replacement of what is currently existing, with the material being uPVC as such it is deemed an acceptable replacement which would not impact the Conservation Area.
• 6.2.6 Lastly turning towards the rear extension, extensions within Conservation Areas are a delicate balance. The proposal within this application is for a flat roofed infill extension, which will take up the whole of the ground floor level and due to the overall height of the land and the surrounding area, is at a different height to the ground level within the main property and also the neighbouring property. Whilst a flat roofed extension is generally not what is accepted within properties such as this, the proposal will have a limited impact upon the main dwelling with regards to the Conservation Area.
• 6.2.7 The propose extension is not within a main public vantage point, apart from when walking down the rear lane and as such, whilst the proposal is not traditional from a Conservation Area, the proposal is deemed acceptable as it will have a limited impact upon the overall Conservation Area.

• 6.2.4 With the above in mind the all 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. Having discussed the application with the Principal Registered Buildings Control Officer, it can be seen that the proposed doorways are to be constructed out of timber, which will preserve the Conservation Area as a whole.

6.4 NEIGHBOURING AMENITY

• 6.4.1 Turning towards the impact to neighbouring amenity of No.24 who is situated to the West of the application site. It is noted that the main dwelling and the rear of No.24 are substantially smaller in terms of dwelling size and width to the rear garden. As such when taking this into account and having looked at the past aerials available to the Department, it can be seen that the rear garden closest to the property is already shaded, as such whilst the proposal is increase the built fabric of their dwelling, it is unlikely to impact the neighbouring property in terms of loss of light/overshadowing above and beyond what is already in place.

• 6.4.2 With regards to whether the proposal would have an overbearing impact to the neighbouring property. It's noted that at the moment there is currently a wall with trellis above as boundary treatment between No.26 and No.24, and a large holly tree within No.26 rear garden which lends shade and height to No.24.

• 6.4.3 With this proposal, there is the removal of the holly tree. Whilst it is noted that the proposed increase of height of the extension would not amount to the overall height of the existing trellis and would be of a solid appearance, not see-through, the proposed removal of the holly tree would assist in the rear garden of No.24 being less imposed upon.
• 6.4.4 With the above in mind and noting that there have been no comments raised by No.24 it is deemed that the impact to No.24 would be acceptable and wouldn't be above and beyond what is currently in place to justify a refusal on this basis. CONCLUSION

7.1 The proposed alterations and rear extension is 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), Environment Policy 35 and General Policy 2 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: 01.06.2023 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

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