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23/00395/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00395/B Applicant : Mr Paul & Mrs Hedy Quirk Proposal : Installation of roof dormer off rear elevation and installation of canopy over ground floor doors on front elevation Site Address : 16 Brewery Wharf Castletown Isle Of Man IM9 1EU
Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.06.2023 __
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 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, received on 30th March 2023; o Location Plan o 1662.1 o 1662.2
This decision also relates to an email dated 12th June 2023 which states what colour cladding is to be used. __
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23/00395/B Page 2 of 5
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
14 Brewery Wharf as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is within the curtilage of No.16 Brewery Wharf, Castletown which is a three storey mid-terraced property situated to the East of Brewery Wharf in Castletown.
1.2 To the front of the property is a small terrace and to the rear is a right of way and several garages.
THE PROPOSAL
2.1 The current planning application seeks approval for two parts, firstly the installation of a dormer to the rear roof which is to encompass most of the elevation and is to measure 3.1m high by 3.8m wide. The proposed dormer is to also include the removal of the existing roof flashings and to be clad in Cedral click weatherboarding in the colour Slate Grey.
2.2 Secondly the proposal proposes the installation of a small roof canopy to the road side elevation patio doors.
PLANNING HISTORY
3.1 The previous applications for the site are not relevant in the assessment of this application, whilst this is the case, there is an application upon No.15 Brewery Wharf, PA08/02238/B which was for, "Replace existing window with french doors and rail to front elevation and creation of dormer to rear elevation" and was Permitted.
PLANNING POLICY
4.1 The site lies within an area zoned as "Predominantly Residential" under the Map 5 - Castletown. The site is within a High Risk Flood Risk Zone (Tidal) and 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;
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23/00395/B Page 3 of 5
5.2 Highway Services have considered the proposal and state they have no Highways Interest. (13.04.23)
5.3 No comments have been received from Castletown Commissioners at the time of writing this report.
5.4 The owner/ occupier of No.14 Brewery Wharf has written in to state that they would like to request interested person status and that they are worried that the works will prejudice the use of No.14 Brewery Wharf with regards to rights of way and access to the rear of their property and their garage. (11.04.23)
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are:
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 When looking at the Conservation Area, the works to the front elevation would have more of an impact, whilst this is the case, No. 16 Brewery Wharf and No.15 Brewery Wharf seem to be the only two properties within the block of properties which do not have a canopy to the road side elevation, as such when assessing whether the proposal will impact the overall Conservation Area, this would be minimal as the works are in keeping with the existing elevation.
6.2.3 Turning to the proposed dormer to the rear elevation, from a Conservation Area point of view, the proposed works can only be viewed from the rear elevation of the site and due to the overall rear of the site, this will most likely be from occupants of the site and the neighbouring properties. With this in mind and also noting that there is currently a dormer within the neighbouring property the likelihood of the dormer having an impact upon the Conservation Area will be minimal.
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 Turning towards the character and appearance of the proposed works on the surrounding area. Firstly with regards to the front elevation, as stated above the proposal would be in keeping with the existing elevation and as such it is deemed acceptable from a character and appearance point of view.
6.3.2 With regards to the rear elevation, there is no doubt that the proposed dormer is a substantial amount of structure and takes up a large amount of the roofscape. Whilst this is the case, the proposal would be almost mimicking the neighbouring property and as such, the works are deemed acceptable
6.4 NEIGHBOURING AMENITY
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23/00395/B Page 4 of 5
6.4.1 Turning towards whether the proposal would impact the neighbouring amenity, when looking at the works it can be seen that No.17 Brewery Wharf is situated just in front of the rear building line of No.16 Brewery Wharf. Whilst this would mean that the proposal could create a loss of light to the rear elevation, it is deemed that the site is already in a certain amount of shade due to the already existing built structure.
6.4.2 It should be noted that comments were raised by No.14 Brewery Wharf with regards to the right of way and how the works would impact there rights. When looking at matters such as this, they would be a civil matter between each occupant and not an issue which can be dealt with at a planning stage.
6.5 FLOOD RISK ZONE
6.5.1 it is noted that the proposal is situated within a Flood Risk Zone and as such, per Environment Policy 10 a Flood Risk Assessment should be received as part of the application, whilst this is the case, the proposed works are not impacting the ground floor level in a way that would require a Flood Risk Assessment and as such it is deemed in this case, one is not required.
CONCLUSION
7.1 The proposed dormer and canopy 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.
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23/00395/B Page 5 of 5
Decision Made : Permitted
Date: 15.06.2023
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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