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24/00355/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00355/B Applicant : Mr & Mrs Paul John David & Hedy Louise Quirk Proposal : Erection of a Car Port over existing parking apron Site Address : 16 Brewery Wharf Castletown Isle Of Man IM9 1EU
Planning Officer: Vanessa Porter Photo Taken : Site Visit : 11.04.2024 Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.04.2024 __
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. The proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 27th March 2024; o Location Plan o Drawing No. 1697.1 __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
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24/00355/B Page 2 of 4
No. 27 Hope Street on behalf of No.14 Brewery Wharf as the owners as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is situated behind the block of properties called Brewery Wharf, specifically situated to the South West of the rear, which is in the ownership of 16 Brewery Wharf. The site is accessed via an access from Victoria Road and is currently being used as a car parking space.
THE PROPOSAL 2.1 The current planning application seeks approval for the installation of a metal car port structure which is to have a clear panelled roof covering measuring 4.950m by 2.890m with an overall height of 2.774m.
2.2 The car port is to be affixed to the ground though bolts.
PLANNING HISTORY 3.1 There have been several applications which have included the area proposed for the car port within the red line boundary, whilst this is the case, none are relevant to the assessment of this application.
PLANNING POLICY 4.1 The site lies within an area zoned as "Predominantly Residential" under the Map 5 - Castletown. The site is within a High Risk Flood Risk Zone (Tidal) and is within a Conservation Area.
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.
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the application 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." (05.04.24)
5.3 No comments have been received from Castletown Commissioners at the time of writing this report.
5.4 The owners/ occupiers of No. 27 Hope Street have written in as the owners of No. 14 Brewery Wharf and would like it to be known that the rear of No. 16 is a shared access to the rear of No. 14. (11.04.24)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
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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 When looking at the Conservation Area, the proposed works are situated to the rear access of Brewery Wharf, which due to the addition of garages, parking of vehicles and general residential paraphernalia such as refuse bins, does not add to the Conservation Area. The addition of a car port to this area, would not increase the overall impact that the area has on the Conservation Area.
6.2.3 As such the proposal will have a neutral impact upon the Conservation Area as a whole and will pass the Section 18(4) test.
6.3 CHARACTER AND APPEARANCE 6.3.1 Turning towards the character and appearance of the proposed works on the surrounding area. Firstly with regards to the front elevation, as stated above the proposal would be in keeping with the existing elevation and as such it is deemed acceptable from a character and appearance point of view.
6.3.2 The proposal is situated to the rear access, where views of the site are unlikely, whilst this is the case, car ports are a residential structure which would not look out of place within a residential environment, as such the proposal is deemed acceptable and would comply with Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016.
6.4 HIGHWAY IMPACT 6.4.1 Turning towards whether the proposal would have an impact upon Highway Services, specifically with regards to parking in the rear of the site. The proposed car port, due to its location and how it is affixed to the ground is unlikely to impact the existing parking to the rear of the site.
6.5 NEIGHBOURING AMENITY 6.5.1 The comments from the neighbouring property owners is noted, from the point of view of the application, no proposed development is within the area directly behind the application site which provides the access to the rear of No. 14. Rights of way across land are a civil dispute between neighbouring properties and conditions regarding rights of ways cannot be applied for this reason.
6.6 FLOOD RISK ZONE 6.6.1 It is noted that the proposal is situated within a Flood Risk Zone and as such, per Environment Policy 10 a Flood Risk Assessment should be received as part of the application, whilst this is the case, the proposal is for a car port which would not be adding any additional strain on the flood zone nor adding in an enclosed structure which would require flood defences. As such in this case it is deemed that a Flood Risk Assessment would not be required for this application.
CONCLUSION 7.1 The proposed car port is deemed acceptable in terms of its form, mass and design which would have a neutral impact on the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
INTERESTED PERSON STATUS
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24/00355/B Page 4 of 4
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 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 : 01.05.2024
Determining officer Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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