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24/91283/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91283/B Applicant : Mr Buddy Yeardsley Proposal : Extension of existing outhouse to provide utility (in association with 24/01282/CON) Site Address : 2 Bay View Terrace Laxey Isle Of Man IM4 7DG
Planning Officer: Peiran Shen Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.12.2024 __
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 considered to preserve the character and appearance of the Laxey Conservation Area and has no negative impact on neighbouring amenity. It is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to the documents, photos and drawing no's 01 and 02, which have all been received on 18th November 2024. __
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Garff Commissioners- No objection Department of Infrastructure - No objection __
Officer’s Report 1.0 THE SITE
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24/91283/B Page 2 of 4
1.1 The site is 2 Bay View Terrace, Laxey, a mid-terrace house located on the north of Bay View Terrace. The house has a single-storey flat-roof storage unit at the rear boundary of the site.
2.0 THE PROPOSAL 2.1 The proposal is to extend and convert the storage unit into a utility room. The building has a flat roof.
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 Area Plan for the East.
4.2 The site is within the Laxey Conservation Area.
Strategic Policy 4.3 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) (c) (g) o Environment Policy 34 o Environment Policy 35
PPS and NPD 4.4 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
5.0 OTHER MATERIAL CONSIDERATIONS 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.
Strategy and Guidance 5.2 The Residential Design Guide (July 2021) contains the following policies that are considered materially relevant to the assessment of this current planning application: o Chapter 7 Impact on Neighbouring Properties
6.0 REPRESENTATIONS 6.1 Garff Commissioners has no objection to this application (06.12.2024). The comment states that these proposals are to demolish and rebuild an existing outbuilding. The new building will be larger but not higher; there should be no visual impact as the outbuilding is at the rear of the dwelling. The style of the building is very similar to the current building.
6.2 DoI Highway Services states there is no highway interest in this application (25.11.2024).
7.0 ASSESSMENT
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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.
7.2 The flat-roof utility room is not a positive contribution to the character of the existing area, but it is also not different from the existing storage room. Therefore, the proposal is considered to preserve the character and appearance of the area and pass the test.
Elements of Assessment 7.3 The key considerations of this application are its impact on the character and appearance of the area and the amenities of the neighbours.
Character and Appearance of the Conservation Area 7.4 As mentioned in paragraph 7.2, the flat-roof extension, although longer than the existing one, does not attract additional attention given its modest height. Therefore, the proposal is considered to preserve the character and appearance of the Conservation Area.
Neighbouring Amenities 7.5 The proposal has a modest height and is considered to have no additional overbearing or overshadowing impact.
7.6 Given the room for storage and utility, the new window on the west elevation is not considered to have an additional overlooking impact on No.1 Bay View Terrace.
8.0 CONCLUSION 8.1 The proposal is considered to preserve the character and appearance of the Laxey Conservation Area and has no negative impact on neighbouring amenities. Therefore, it is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan and 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 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 and/or rights to appeal.
Decision Made : Permitted
Date: 18.12.2024
Determining Officer Signed : C BALMER
Chris Balmer
Principal Planner
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