Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91302/B Applicant: Mrs Kirsty Watterson Brown Proposal: Installation of replacement roof Site Address: 4 Milner Terrace Castletown Isle Of Man IM9 1AJ Planning Officer: Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.01.2025 _________________________________________________________________

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. For the avoidance of doubt, the replacement slate tiles are to be CUPA 12 natural slate 250*500, as shown in the email correspondence received. Reason: to ensure the character and appearance of the Conservation Area is preserved.

This application has been recommended for approval for the following reason.

The proposed roof replacement preserves the character and appearance of the Conservation Area. Therefore, the proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan and the Residential Design Guide.

Plans/Drawings/Information;

This approval relates to the documents, location plan, site plan, photos, which have all been received on 15th November 2024 & 25th November 2024 and email correspondence as having been received on 9th December 2024.

_________________________________________________________________ Right to Appeal None

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is 4 Milner Terrace, Castletown, a mid-terrace house located on the east of Milner Terrace.

2.0 THE PROPOSAL - 2.1 The proposed is the replacement of the roof tiles with CUPA 12 250x500 nature slate tiles.

- 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 Predominantly Residential in the Area Plan for the South. The site is not within a Conservation Area.

4.2 The site is within the Castletown Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 has 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 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. 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) has the following policies that are considered materially relevant to the assessment of this current planning application: o Chapter 5 Architectural Details - 6.0 REPRESENTATIONS

6.1 Castletown Commissioners has not commented at the time of the report (06.01.2025).

6.2 DoI Highway Services has not commented at the time of the report (06.012024).

6.3 DEFA Ecosystem Policy Team has no objection to this application (24.12.2024). - 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.

7.2 The roof replacement is from natural slate to natural slate. Therefore, it is considered that the proposal preserves the charterer of the Area and passes the test. Elements of Assessment

7.3 The key considerations of this application are its impact on the house itself, the character and streetscene of the area and the amenities of the neighbours. Design of the House Itself

7.4 As mentioned in 7.2, the proposal is considered not to harm the character of the house. Character and Appearance of the Conservation Area - 7.5 As mentioned in 7.2, the proposal is considered to preserve the character of the area.

- 8.0 CONCLUSION

8.1 The proposed roof replacement preserves the character and appearance of the conservation area. Therefore, the proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan and the Residential Design Guide 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.

9.5 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 the Right to Appeal.

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: 20.01.2025 Determining Officer Signed : C BALMER Chris Balmer Principal Planner

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