199691

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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00705/B Applicant : Redont Limited Proposal : Replace wooden fence between two stone walls with a stone wall (retrospective) Site Address : Switzerland Road Rear Of Piccadilly Court Queens Promenade Douglas IM2 4NS

Technical Officer: Tom Sinden Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 30.07.2024 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. It is judged that the proposals meet the tests of Section 18 of the Town and Country Planning Act 1999 as the proposed wall would preserve the character and appearance of the conservation area. The proposals are also judged to meet the tests of General Policy 2, Strategic Policy 4 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 as the conservation area is being preserved, protected and will not affect adversely the character of the surrounding townscape or the amenity of local residents. The application is therefore considered to be acceptable.

Plans/Drawings/Information;

This decision relates to the proposed wall drawing and photograph, together with the other supporting information submitted on 25th June 2024.

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Interested Person Status - Additional Persons

None __

Officer’s Report

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1.0 THE SITE

1.1 The site is a boundary wall at the rear of Piccadilly Court, adjacent to Switzerland Road, Douglas. The site is within the Douglas Promenades Conservation Area.

2.0 THE PROPOSAL

2.1 This application proposes to replace a 1.8m high timber fence with a Manx stone wall in a form and height to match the existing boundary walls either side of the wooden fence. The application is retrospective.

3.0 PLANNING POLICY

3.1 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas (4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; and (g) does not affect adversely the amenity of local residents or the character of the locality.

Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;

Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.

Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.

3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.

4.0 PLANNING HISTORY

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4.1 There are no historic applications on the site that are judged pertinent to this application.

5.0 REPRESENTATIONS

5.1 D.O.I. Highways - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking (28.6.2024). 5.2 Douglas Borough Council have stated that they have no objections to the application (10.7.2024).

6.0 ASSESSMENT

Statutory Test 6.1 Statutory Test 6.1 Section 16 of the Act states that the "Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses." The proposal in this application is to construct a Manx stone faced boundary wall to match the existing boundary walls that sit immediately on either side of the existing timber fence. As the proposed wall would match the material, form and style of the adjacent walls, it is considered that the proposals preserve the conservation area's character and appearance. It is therefore judged that the application passes the statutory test within section 18 of the Act.

Policy Tests 6.2 The proposal in this application is to construct a Manx stone faced boundary wall to replace a timber fence. As the proposed wall would match the material, form and style of the adjacent walls, it is considered that the proposals preserve the conservation area's character and appearance, respect the site and would result in no adverse impact on the surrounding townscape or the amenity of local residents.

7.0 CONCLUSION

7.1 It is judged that the proposals meet the tests of Section 18 of the Town and Country Planning Act 1999 as the proposed wall would preserve the character and appearance of the conservation area. The proposals are also judged to meet the tests of General Policy 2, Strategic Policy 4 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 as the conservation area is being preserved, protected and will not affect adversely the character of the surrounding townscape or the amenity of local residents. The application is therefore recommended for approval.

8.0 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

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(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 In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status as per section 3.2.4 of the Operational Policy. __

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: 30.07.2024

Determining officer

Signed : J SINGLETON

Jason Singleton

Principal Planner

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.