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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/91375/B Applicant : Ms Susan Cremin Proposal : Installation of a roof window Site Address : 22 Athol Street Douglas Isle Of Man IM1 1JA

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

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 24.02.2025 __

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. The proposals are considered to be in accordance with Section 18 of the Town and Country Planning Act, together with Strategic Policy 4 and Environment Policy 35 of the Strategic Plan, and policy CA/2 of Planning Policy Statement 1/01 as the proposed roof light is judged to be such that the character and appearance of the Athol Street/Victoria Conservation Area would be preserved. Furthermore, it is judged that the application meets the tests of General Policy 2 within the Strategic Plan as the proposals would cause no harm to the character of the surrounding townscape and would result in no loss of neighbouring amenity. The application is therefore judged to be acceptable.

Plans/Drawings/Information; This decision relates to the window specification details submitted on 23.1.2025. __

Right to Appeal

Right to Appeal:

It is recommended that the following organisations should NOT be given the Right to Appeal:

D.O.I. Highways - No objection Douglas Borough Council - No objection

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Officer’s Report

1.0 THE SITE 1.1 The site is 22 Athol Street, Douglas. The property is located within the Athol Street/Victoria Street Conservation Area.

2.0 THE PROPOSAL 2.1 This application seeks planning approval to install a 940mm by 980mm roof light on the rear elevation of the property.

3.0 PLANNING POLICY The property is located within Mixed Use Proposal Area 4 St George's on map 5 of the Area Plan for the East 2020, and within the Athol Street/Victoria Street Conservation Area. The site is not at risk of flooding according to the Department of Infrastructure's Flood Risk Viewer.

3.1 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

General Policy 2 Strategic Policy 4 Environment Policy 35

3.2 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.

3.3 Planning Circular 1/98 provides advice on the replacement of windows and suggests in Conservation Areas the method of opening is more important than the frame material but the original method of opening should be replicated where the originals are in place.

4.0 OTHER MATERIAL PLANNING CONSIDERATIONS 4.1 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.

5.0 PLANNING HISTORY 5.1 The site has been subject of the following applications:

Reference Number: 18/00053/B Status: Permitted Proposal: Installation of replacement windows to front elevation basement office

Reference Number: 24/91074/B Status: Permitted Proposal: Installation of replacement windows

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6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (30.1.2025).

6.2 Douglas Borough Council had stated that they have no objections to the proposals (31.1.2025).

7.0 ASSESSMENT Statutory Test 7.1 Section 18 of the Act requires the Department to pay special attention to the desirability of preserving or enhancing the character or appearance of any conservation area in the exercise of any powers under the Act. In this instance, the application proposes to install a 940mm by 980mm roof light on the property's rear roof slope. Although the proposed roof light is not conservation style, given that the roof slope on which it is proposed to be installed is not visible from the rear lane (St George's Walk), and the dimensions of the roof light are less than a metre in both directions, it is judged that the roof light would have no impact on the character or appearance of the conservation area.

Policy Tests 7.2 As outlined in sections 2.1 and 7.1, this application proposes to install a 940mm by 980mm roof light on the property's rear roof slope. The proposed position of the roof light would be such that it would not be visible from the rear lane (St George's Walk). Although the roof light would be visible in long distance views of the roof, the size of the roof light would be such that it is judged that there would be no impact on the character or appearance of the conservation area, the character of the surrounding townscape, and have no adverse impact on neighbouring amenity.

8.0 CONCLUSION 8.1 The proposals are considered to be in accordance with Section 18 of the Town and Country Planning Act, together with Strategic Policy 4 and Environment Policy 35 of the Strategic Plan, and policy CA/2 of Planning Policy Statement 1/01 as the proposed roof light is judged to be such that the character and appearance of the Athol Street/Victoria Conservation Area would be preserved. Furthermore, it is judged that the application meets the tests of General Policy 2 within the Strategic Plan as the proposals would cause no harm to the character of the surrounding townscape and would result in no loss of neighbouring amenity. It is therefore recommended that the application be approved.

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.

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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.

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I can confirm that this decision has been made by the 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 : 24.02.2025

Determining Officer Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.