DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 20/00613/B Applicant: Manx Shirts Limited Proposal: Replacement of existing shop front windows and doors Site Address: 1 Harris Promenade Douglas Isle Of Man IM1 2HH Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.07.2020 _________________________________________________________________

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 would comply with the relevant planning policies and therefore the proposal is considered acceptable.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 12th June 2020. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

- 1.0 THE SITE

Officer’s Report

1.1 The application site is the commercial curtilage of 1 Harris Promenade, Douglas, the ground floor of a four-storey terraced house located on the corner of the Harris Promenade and Church Road Marina.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the replacement of existing shop front windows and doors with new aluminium frames.

3.0 PLANNING STATUS AND POLICY - 3.1 In terms of the local plan, the site is designated as "Tourism Accommodation and Leisure" in the Douglas Local Plan 1998. It is within the Douglas Promenade Conservation Area. - 3.2 The Strategic Plan contains the following policies which are relevant in the determination of this application: - 3.3 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

3.4 Environment Policy 35 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." - 3.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 3.6 Planning Circular 1/98 also contains advice about the replacement of windows:

"BUILDINGS IN CONSERVATION AREAS If the original windows are in place they should preferably be repaired. If repair is impracticable, 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, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows.

Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered relevant in the determination of this application.

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council do not oppose the application (received on 09.07.2020). - 5.2 Highway Services comment that they have no objections but make the following comments (received on 09.07.2020);

"The Applicant is advised that a licence may be necessary for the use of the highway for equipment and materials"

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. - 6.2 The Planning Department 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. Further, Planning Circular 1/98 whatever the material used in their construction, the windows must have the same pattern and section of glazing bars and the same frame sections as the original windows. - 6.3 The alterations to the front elevation are the most important in this case, being the elevation which is most publically viewable and elevation which is most important in terms of the character and appearance of the Conservation Area and the individual property. However, in this case the proposal are on a like for like basis replacing the existing windows and doors which are simple in form and appearance, with the same style and design, albeit in aluminium. - 6.4 Overall, it is considered the proposed works would preserve the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan and Planning Circular 1/98.

7.0 CONCLUSION - 7.1 The proposal would comply with the relevant planning policies and therefore the proposal is considered acceptable. 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 29.07.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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