DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01247/B Applicant: Mr Joey Driver Proposal: Replacement windows & doors to front elevation. Site Address: 24A Brewery Wharf Castletown Isle Of Man IM9 1EU Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.11.2023

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), General Policy, Environment Policy 10 & 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 24th October 2023; o Drawing No. 23/23/01

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

1.1 The application site is within the curtilage of 24A Brewery Wharf, which is a two storey property situated to the rear of Brewery Wharf, which is a collection of terrace properties and flats situated to the East of Brewery Wharf, Castletown. THE PROPOSAL - 2.1 The current planning application seeks approval for the replacement of the existing windows and doors to the front elevation. PLANNING HISTORY - 3.1 There are several previous applications upon the site, of which PA01/01306/B is the most relevant and was for the "Conversion of garage and first floor of garages to dwelling," which was permitted. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the South, Map 5 - Castletown. The site is within a Conservation Area and a Flood Risk Zone.

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 In addition to the above consideration should also be given to Planning Circular 1/98 and PPS 1/01 which provide guidance policies in respect of the alteration or replacement of windows and works in a Conservation Area. - 4.4 Given that the site is situated within a High Risk Flood Risk Zone (Tidal), General Policy 2 (i) and Environment Policy 10 are relevant which seek that a site isn't subjected to unnecessary flooding and that if situated within a Flood Risk zone that a Flood Risk assessment is done.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "No Highways Interest." (03.11.23) - 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)
• - Flood Risk (GP2, I & EP10)

- 6.2 SECTION 18(4) TEST / CHARACTER AND APPEARANCE

• 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 situated to the rear of Brewery Wharf within an area which is the parking and rear of the properties situated within the block of terraced properties and flats, as such the site itself is not within a public vantage point.
• 6.2.3 With this in mind and noting that the proposal is on a like for like basis but in black ash uPVC, it is deemed that the proposal would pass the Section 18(4) test by preserving the

Conservation Area and in turn comply with General Policy 2 & Environment Policy 35 of the Isle of Man Strategic Plan 2016.

- 6.3 FLOOD RISK

• 6.3.1 The proposal is situated within a High Risk Flood Risk Zone (Tidal), as such the applicant has stated that they will be providing Flood barriers to the front door & side panels and the garage doors. Whilst this is the case it is noted that Castletown have recently done extensive flood defensive work which should limit any possible flooding. CONCLUSION
• 7.1 The proposed windows and doors are deemed acceptable in terms of their form, mass and design by preserving the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999), General Policy 2, Environment Policy 10 & 35 with a condition stating that the flood risk barriers must be provided as per Drawing No. 23/23/01 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: 05.12.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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