DEC Officer Report

Application No.: 19/00034/B Applicant: Garff Parish District Commissioners Proposal: Creation of additional access door in place of existing window Site Address: Shelter Kiosk The Promenade Laxey Isle of Man IM4 7DD Planning Officer: Mr Nick Salt Photo Taken: 01.02.2019 Site Visit: 01.02.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.02.2019 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

Plans/Drawings/Information:

This permission relates to the following plans and drawings, date stamped received on 14th January 2018:

• o DPM Conservatories door specifications
• o Photographs x 5
• o Site maps
• o Location Plan. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

- 1.0 SITE

1.1 The site is the Shelter Kiosk on Laxey Promenade. The kiosk contains a café and seating externally. The site is within Laxey Conservation Area.

2.0 PROPOSAL - 2.1 Proposed is the removal of an existing large timber window and lower wall and replacement with a uPVC brown sliding door. The door would provide a second point of access/egress to the retail unit for customer convenience and emergencies. The door would be duo pane, measuring 2.4m wide and 2.2m in height. It is situated within the shelter.

3.0 PLANNING HISTORY - 3.1 The existing shelter was approved in the 1980's (84/00972/B), a café was then created within the shelter via (07/00188/B).

4.0 PLANNING POLICY - 4.1 The proposal site is in an area designated in the Douglas Local Plan 1998 as Predominantly Residential Use. - 4.2 Given the land use designation, General Policy 2 (in part) of the Isle of Man Strategic Plan 2016 applies "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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality."

4.3 As with any proposal within a Conservation Area, Environment Policy 35 is relevant: "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."

5.0 REPRESENTATIONS - 5.1 No representations or comments were received at the time of writing.

6.0 ASSESSMENT - 6.1 The key consideration in the assessment of this application is, the impact on the visual amenity of the conservation area and the street scene. - 6.2 The proposed door would be partly visible from the public thoroughfare of the Laxey Promenade meadow. It is situated within the shelter however and not immediately visible as part of the street scene. The small alterations invl0oved with the installation of the door would be relatively minimal and not so significant so as to impact on the character of the conservation area. The DEFA Registered Buildings Officer has noted in pre-application discussion with the applicant that there are no concerns. - 6.3 There would be no adverse impact visually on the kiosk/shelter or on the character of Laxey Promenade. In this respect, the proposal would comply with GP2 (b,c,g).

7.0 CONCLUSION - 7.1 In summary, the proposal complies with the aforementioned policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.

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: 20.02.2019 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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