DEC Officer Report

Application No.: 23/00789/B Applicant: Miss Jennifer Jones Proposal: Enlarge width of existing vehicular entrance by 1m to aid ease entry and egress including the provision of electric charging point Site Address: 83 Woodbourne Road Douglas Isle Of Man IM2 3AW Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.08.2023

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 proposals are acceptable and as such complies with General Policy 2, Environment Policy 35 and Section 18(4) of the Town and Country Planning Act (1999).

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 12.07.2023. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of 83 Woodbourne Road,

Douglas; a detached two storey house, with 1930's appearance, including bay windows, situated on a corner plot with Woodbourne Road to the east and Albany Road to the north. The property current has a driveway off Albany Road. A 2m high Manx stone wall runs around the roadside boundaries of the site.

2.0 THE PROPOSAL - 2.1 The application seeks approval to enlarge width of existing vehicular entrance by 1m to aid ease entry and egress including the provision of electric charging point to the western gable end wall.

3.0 PLANNING STATUS AND POLICY - 3.1 The site lies within an area designated on the Area Plan for the East 2020 as Predominantly Residential. The application site also lies within a Conservation Area. - 3.2 The Strategic Plan contains a policy which seeks the preservation or enhancement of property within a Conservation Area (EP 35). This states:

"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."

3.3 Within Section 7.32 - Demolition in Conservation Areas of the IOMSP, the following text is all relevant and informs Environment Policy 39 (below):

"7.32.1 Under Section 19 of the 1999 Town and Country Planning Act, Conservation Area designation introduces control over the demolition of most buildings within Conservation Areas...

• 7.32.2 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. When considering proposals which will result in demolition of a building in a Conservation Area, attention will be paid to the part played in the architectural or historic interest of the area by the relevant building and the wider effects of demolition on the building's surroundings and on the Conservation Area as a whole. In addition, consideration will be given to:

• o the condition of the building;
• o the cost of repairing and maintaining it in relation to its importance and the issue derived from its continued use (based on consistent long-term assumptions);
• o the adequacy of efforts made to retain the building in use;
• o the merits of alternative proposals for the site."

3.4 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications associated with this site.

5.0 REPRESENTATIONS - 5.1 Highway Services comment (21.07.2023); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking."

5.2 Douglas Borough Council do not object (28.07.2023).

6.0 ASSESSMENT - 6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property and potential highway safety matters. - 6.2 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. This follows similar wording to Section 18(4) of the Town and Country Planning Act (1999). - 6.3 The section of front walling proposed to be removed to increase the existing access by 1m would be in keeping with the original property and would also preserve the character or appearance of the Conservation Area and comply with Environment Policy 35 of the Isle of Man Strategic Plan and to Section 18(4) of the Town and Country Planning Act (1999). The electric charging point raise no concerns. Highway safety - 6.4 The proposed works would enlarge the existing access making accessing and egressing easier and improving visibility. There are no concerns in this respect.

7.0 CONCLUSION - 7.1 The proposals are acceptable and as such complies with General Policy 2, Environment Policy 35 and Section 18(4) of the Town and Country Planning Act (1999). The application is recommend for an approval.

8.0 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: 25.08.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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