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24/00505/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00505/B Applicant : Mr David Phillips & Miss Sharon McCann Proposal : First floor south elevation window altered to a doorway onto the balcony. Installation of glass panels to top of balcony balustrade. Site Address : Ivydene Shore Road Underway Port St Mary Isle Of Man IM9 5DX
Planning Officer: Vanessa Porter Photo Taken : 25.06.2024 Site Visit : 25.06.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.06.2024 __
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 shown on the approved plans all glass balustrades shall be installed with measures to prevent bird strikes to be either etchings on the glass or use of ultraviolet decals.
Reason: To prevent/reduce the risk of bird strikes.
This application has been recommended for approval for the following reason. The proposals are deemed acceptable in terms of their form, mass and design and as such complies with General Policy 2. The proposal will also preserve the overall proposed 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.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 3rd May 2024; o Drawing No. 1972-01 Rev A o Drawing No. 1972-02 Rev A
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24/00505/B Page 2 of 4
o Drawing No. 1972-06 o Drawing No. 1972-07 __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is within the curtilage of Ivydene, Shore Road Underway, Port St Mary, which is a three storey end of terrace property situated to the furthest South of the Shore Road Underway.
1.2 The property currently has a balcony situated above the existing attached single garage which is accessed via the rear garden.
THE PROPOSAL
2.1 The current planning application seeks approval for the removal of the existing coping stones, building up of the existing masonry stonework to 0.95m and installation of a glazed balustrade of 0.55m high. With the alterations to the balcony is the alteration of one of the existing windows into a door, which includes the removal of masonry below.
PLANNING HISTORY
3.1 There is one previous application to the site which is relevant in the assessment, PA23/00353/B which was for, "Removal of roof covering, removal of flat roofed dormer to the front elevation, replacement slate roof covering and three roof windows to the front elevation," and was Permitted.
PLANNING POLICY
4.1 The site lies within an area zoned as "Mixed Use" under the Area Plan for the South, Map 7
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 site being in a Flood Risk Area, Environment Policy 10 also needs to be assessed which seeks that where development is situated within a site of potential flooding, a flood risk and details of mitigation measures are required.
REPRESENTATIONS
5.1 The following representations can be found in full online, below is a short summery;
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5.2 Highway Services have considered the proposal and state "No Highways Interest." (10.04.24)
5.3 Port St Mary Commissioners have considered the proposal and state, "No objections." (23.05.24)
5.4 Comments have been received from the Ecosystem Policy Officer who has requested that a condition be attached to the application with regards to making sure that measures are put in place to prevent bird strikes on the clear glass balustrade. (28.05.24)
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are:
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 Overall the works would be minimally altering the existing balcony with the main masonry detailing still being in place, as such this will preserve the Conservation Area and as such 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.
6.3.3 The balcony itself can only generally be seen when driving on the Southern part of Athol Street and also when along the Shore Road Underway. As there is already a balcony in situ, it is unlikely that the introduction of the glazing above the balcony will increase the impact of the property within the Conservation Area.
6.4 FLOODING
6.4.1 It is noted that the site is situated within a Flood Risk Zone whilst this is the case, the proposed works are situated to the first floor level and there are no issues expected in terms of flooding beyond the existing arrangement and occupation, as such a Flood Risk Assessment as per Environment Policy 10 is not required in this instance.
6.5 OTHER MATTERS
6.5.1 The comments raised by the Ecosystems Policy Officer are noted and a condition will be attached to the application for bird strike mitigation.
CONCLUSION
7.1 The proposed are deemed acceptable in terms of their form, mass and design and as such complies with General Policy 2. The proposal will also preserve the overall proposed 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.
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24/00505/B Page 4 of 4
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 a Principal Planner 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: 27.06.2024
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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