DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00091/B Applicant: John Fenlon Proposal: Replacement windows and door to shopfront Site Address: Port Hair Inn 21 Station Road Port Erin Isle Of Man IM9 6AE Planning Officer: Mr Hamish Laird Photo Taken: 28.02.2024 Site Visit: 28.02.2024 Recommended Decision: Permitted Date of Recommendation: 28.03.2024

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. This application accords with the provisions of Policy GEN2 of the Isle of Man Strategic Plan 2016, and is recommended for approval.

Plans/Drawings/Information;

The development shall be carried out in accordance with the shopfront door and replacement windows and site photograph details stamped received on 22nd January, 2024; and, as amended by the further door and window photograph details stamped received on 1st March, 2024.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site comprises the ground floor of 21, Station Road, an existing shop unit on the northern side of the road opposite the railway station. The premises are used as a hairdressing salon which is a retail use - See Class 1 of the Use Classes (Permitted Development) Order 2005.

2.0 PLANNING STATUS - 2.1 The site lies within an area designated on the Area Plan for the South Map 7 Port Erin/Port St Mary/Ballafesson which came into force on 1st March, 2013. The site also lies within an area identified as a potential Conservation Area which stretches from Breagle Glen to Spaldrick.

3.0 PLANNING HISTORY - 3.1 Planning permission was sought and granted for the change of use from a shop to a massage therapy clinic under PA 97/0528. 09/01706/C - Change of use from sports/massage salon to retail unit - permitted - 14.12.2009. 07/00528/C - Change of use to a sports / massage therapy salon - permitted - 14.5.2007.

4.0 THE PROPOSAL - 4.1 Proposed is the installation of Replacement windows and a door to the existing shopfront. The present shop window is damaged with a portion of it having been smashed and boarded up as witnessed by the Case Officer at the time of the DEFA site visit on 28/2/24. - 4.2 No other changes are proposed to the building.

5.0 REPRESENTATIONS - 5.1 DoI Development Control - Highways (26.1.24) comments that it has no highway interest in the application. - 5.2 Port Erin Commissioners (14.2.24) express support for the application.

6.0 ASSESSMENT - 6.1 The area is designated as Mixed Use and the ground floor shop unit is set amongst a similar row of shop units on this side of the road opposite the railway station. It is clear from the Case Officer's site visit that the shop window needs replacing given that it is partially boarded up. It is also in a relatively poor state of repair. The Agent has clarified the shop window and door details, and these are considered to be acceptable on visual grounds and overall the development would be in keeping with the character of the site and surroundings. - 6.2 No other changes are proposed to the building. - 6.3 As such this application accords with the provisions of Policy GEN2 of the Isle of Man Strategic Plan 2016, and is recommended for approval.

7.0 INTERESTED PARTY STATUS - 7.1 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. 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

The Department of Transport and the local authority are, by virtue of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021), awarded IPS. No

• other representations have been received, therefore, no IPS status is awarded to any other party.

I can confirm that this decision has been made by the Acting Head of Development Management 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 : 02.04.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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