DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00053/B Applicant: Mr Gustav Modin Proposal: Replacement of plywood facade with treated wood cladding; replacement of external doors; installation of stone cladding below windows. Site Address: 50 Broadway Douglas Isle Of Man IM2 4EW Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 26.02.2024

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.

• C 2. Notwithstanding the details provided within this application, no permission is given for the signage shown upon the Detailed Plan, dated received 19th January 2024.

Reason: The application has been assessed on the basis of a replacement façade to the front and side elevation and replacement of external doors only and no other details.

• C 3. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.

This application has been recommended for approval for the following reason.

The proposal is deemed to comply with the overriding principles of Section 18(4) of the Town and Country Act (1999), General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan and Planning Circular 7/98, as such the planning application is recommended for approval.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 19th January 2024;

• o Location Plan
• o Site Plan
• o Detailed Plan
• o Sketch Plan _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of 50 Broadway, which is a two storey property situated upon a corner plot where Victoria Road meets Ballaquayle Road meets Glen Falcon Road meets Broadway. - 1.2 Due to the topography of the site, the property is situated within three parts going upwards West to East. The site was previously two separate takeaway places and has a rundown appearance to the exterior. THE PROPOSAL

2.1 The current planning application seeks approval for the replacement of the existing plywood façade and installation of a treated timber cladding which will encompass the whole of the upper part of the property, with a black/grey stone cladding situated below the windows and below ground level. - 2.2 The proposal also includes the replacement of the existing doors with hardwood doors in the same apertures. The proposed door to the Eastern part of the site is on a like for like bar material basis with the main double doors being an almost like for like bar material replacement but with cladding to the existing upper fan lights. PLANNING HISTORY

3.1 There are no previous applications which are relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area of "Mixed Use" on the Area Plan for the East, Map 4 - Douglas. The site is situated within a Conservation Area but not 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 Also relevant to the assessment of this application is Planning Circular 7/98 - Shop-fronts, which provides general principles to follow for the installation of new shop fronts. REPRESENTATIONS - 5.1 The following representations can be found in full online, below is a short summary;

5.2 Highway Services have considered the proposal and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, providing the signage letters do not have illumination that flashes nor provides strobe lighting effects -this should be condition on permission." (26.01.24)

5.3 Douglas Corporation have considered the proposal and state no objections. (05.02.24) 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)
• - highway impact

- 6.2 SECTION 18(4) TEST

• 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 site is currently run down with it currently not preserving nor enhancing the surrounding streetscene by being empty for many years. The proposal to add cladding in the form of timber and stone, will upgrade the property and in turn will enhance the Conservation Area at the time of renovation and ultimately over time will preserve the Conservation Area as a whole.

- 6.3 CHARACTER AND APPEARANCE

6.3.1 When looking at Planning Circular 7/98 the main principle is that new shop fronts respect the site with regards to scale, material, colour, design and the overall streetscene. With this in mind the proposed alteration to the shop front would not alter the site above and beyond what is already in place, and as such would match the existing street, as such the proposal is deemed to comply with General Policy 2.

• 6.3.2 Whilst the above is the case it is noted that the proposal has not provided specific cladding, as such a condition regarding the materials proposed should be attached.

6.4 HIGHWAY IMPACT

• 6.4.1 The comments from Highway Services are noted, with regards to this application no signage has been approved and this would be received in a separate signage application as such, this cannot be conditioned under this application.

CONCLUSION

7.1 Overall the proposal is deemed to comply with the overriding principles of Section 18(4) of the Town and Country Act (1999), General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan and Planning Circular 7/98, as such the planning application is recommended for approval. 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 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 : 28.02.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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