DEC Officer Report

Application No.: 19/01156/B Applicant: Steven Gaylor & Kim Fletcher Proposal: Erection of a shed (retrospective) Site Address: Fairleigh 25 Brunswick Road Douglas Isle Of Man IM2 3LG Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.12.2019 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 17th October 2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site represents the curtilage of an existing property, Fairleigh, 25 Brunswick Road, Douglas. The dwelling is a two storey mid-terrace, with gardens to the front and a yard to rear of the property. The dwelling is located on western side of Brunswick Road. To the rear of the site is a rear access lane shared with local residents. The rear lane ground level is set above that of the rear yard of the property.

2.0 PLANNING POLICIES - 2.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Douglas Local Plan. The site is within a Conservation Area. - 2.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-

2.3 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."

2.4 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."

3.0 PLANNING HISTORY - 3.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

4.0 PROPOSAL - 4.1 The application seeks approval for the erection of a shed (retrospective). The shed sits in the rear garden abutting the side and rear boundaries and is almost flat roofed. It has dimensions of 2.2m by 5m and is 2.8m high to the higher part of the roof. It has what looks like a fibreglass roof and timber clad sides.

5.0 REPRESENTATIONS - 5.1 Highway Services comment there are no highway implications ( 06.11.2019). - 5.2 Douglas Borough Council do not object (07.11.2019).

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 potential impacts upon neighbouring residential properties. - 6.2 The 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.
• 6.3 The shed given its height and size; the height of the boundary walls/ground level differences and being to the rear of the property; will all result in the character and appearance of the Conservation Area being preserved.
• 6.4 Again given the height of existing boundary walls and the height of the shed, only the very top upper section will project above the existing shared boundary wall with Nr 25. It is not considered this projection would significantly adverse the residential amenities to warrant a refusal.

7.0 RECOMMENDATION - 7.1 Accordingly, the proposed shed is considered to be appropriate and it is considered the proposal would preserve the Conservation Area and the individual property and therefore the proposal would comply with Environment Policy 35 & General Policy 2 of the Isle of Man Strategic Plan 2016.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

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 in Article 6(4) 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.

Decision Made : Permitted Date: 09.12.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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