DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00370/B Applicant: Laxey Sailing Club Proposal: Installation of replacement windows and doors Site Address: Laxey Sailing Club Tent Road Laxey Isle Of Man IM4 7DB Planning Officer: Vanessa Porter 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 is considered to comply with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01 and is supported. Although the frame materials are not traditional, as required by Environment Policy 34 they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 26th March 2024;

• o Location Plan
• o Site Plan
• o Photos of the application site
• o Proposed Door and Windows
• o Window Specification and Quote _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of the Laxey Sailing Club, Tent Road which is a detached single storey structure to the West of Tent Road. - 1.2 The front elevation has three windows which are one over two casements and one door which is solid with a glass top light. THE PROPOSAL

2.1 The current planning application seeks approval for the replacement of the existing three timber windows situated to the front elevation with uPVC replacements with the same opening pattern, and replacement of the existing front door with a solid panelled uPVC door. PLANNING HISTORY - 3.1 There are no previous application situated upon the site which are relevant to the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" on the Area Plan for the East, Map 7 Laxey. The site is within a Conservation Area and a High Risk Flood Zone (Tidal). Directly in front of the site along the main road is the Raad Ny Foillan coastal walk.

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 Due to the proposal being situated within a Flood Risk Zone, Environment Policy 10 is also relevant which seeks that where a proposal is deemed within a flood risk zone, a flood risk assessment is required.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "No Highways Interest." (05.04.24) - 5.3 Garff Commissioners have submitted comments regarding the application. (12.04.24)

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)
• - flood risk zone

- 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 front elevation, the proposal to change the existing windows to sliding sash, is an improvement to the Conservation Area. The proposed door is an acceptable design within the Conservation Area, as such the proposal will preserve the Conservation Area.
• 6.2.3 The existing windows within the application site are top opening casement windows, whilst it is unsure on how long these windows have been in place, they can clearly be seen on the 2010 Google Street view and they are also wooden, which would suggest they have been in place longer than the Google Street view.
• 6.2.4 Ultimately the proposal will be replacing the existing on a like for like basis but a different material, as such the works will pass the Section 18(4) test by preserving the Conservation Area.

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area. Planning Circular 1/98 states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows are recognised as an acceptable alternative to timber, which will preserve the Conservation Area.

6.4 FLOOD RISK ZONE

• 6.4.1 Turning towards the possible flood risk to the site, having discussed this with the applicant, it was noted that there is no current flood defences in place. The application in its basic form is for replacement windows and doors, of which the applicant has stated that the door will have a rubber seal as a flood prevention. As such ultimately the proposal will not be increasing the Flood Risk to the site, and it is deemed that a flood risk assessment is not required in this instance.

CONCLUSION

7.1 The proposed windows and door are deemed acceptable in terms of their form, mass and design which will ultimately preserve the overall Conservation Area and Streetscene, as such 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. 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 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

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.