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24/91214/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91214/B Applicant : Sunset Properties Ltd Proposal : Installation of ground floor window to side elevation Site Address : Harbour Lights Shore Road Peel Isle Of Man IM5 1AH
Planning Officer: Peiran Shen Photo Taken : Site Visit : Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.12.2024 __
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 not considered to harm the character and appearance of the conservation area or give rise to an unacceptable impact on amenity. The proposal is considered to comply with General Policy 2, Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01.
Plans/Drawings/Information;
This approval is related to the documents, location plan, site plan and drawing no. 1605.W1, which have all been received on 27th November 2024. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
Department of Infrastructure - No objection
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Officer’s Report
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24/91214/B Page 2 of 4
1.0 THE SITE 1.1 The site is the Harbour Lights, Shore Road, Peel, a three-storey end-of-terrace detached property located on the east corner of Shore Road and Queen Street.
2.0 THE PROPOSAL 2.1 The proposed is the installation of a window on the ground floor of the rear elevation. The window serves a bathroom.
3.0 Planning History 3.1 There is no previous application considered materially relevant to this application.
4.0 Planning Policy Site Specific 4.1 The site is within an area designated as Mixed Use in the Peel Local Plan 1989.
4.2 The site is within the Peel Conservation Area.
Strategic Policy 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o Strategic Policy 4(a) o General Policy 2 (b), (g), (h) o Environment Policy 35
PPS and NPD 4.3 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS. It provides supplementary policy on developments within any conservation area.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance Legislation 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
6.0 REPRESENTATION 6.1 Peel Town Commissioner has not commented at the time of the report (30.12.2024).
6.2 DoI Highway Services does not oppose this application (09.12.2024). The comment states After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the proposals would have a similar or less parking demand than the existing use.
7.0 ASSESSMENT Conservation Areas Statutory Test 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. It is whether the proposal would preserve or enhance the character of the Conservation Area.
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24/91214/B Page 3 of 4
7.2 The additional window does not affect the design of the house. Therefore, the proposal is considered to preserve the character of the conservation area and pass the test.
Elements of Assessment 7.3 The key considerations in determining the application are its impact on the character and appearance of the area, parking provision and the amenities of the neighbours.
7.4 As mentioned in 7.2, the proposal is considered to preserve the character and appearance of the area.
Amenities of Neighbouring Amenities 7.5 The window does not overlook other properties.
8.0 CONCLUSION 8.1 The proposal is not considered not to harm the character and appearance of the conservation area or give rise to an unacceptable impact on amenity. The proposal is considered to comply with General Policy 2, Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01. Therefore, it is recommended for an approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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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 and/or rights to appeal.
Decision Made: Permitted Date: 30.12.2024
Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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24/91214/B Page 4 of 4
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