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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90042/B Applicant : Fistard Property Investments Ltd Proposal : Erection of rear terrace on existing flat roof Site Address : 11 Station Road Port Erin Isle Of Man IM9 6AE

Senior Planning Officer: Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 20.02.2025 __

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 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 proposed development has been designed to comply with Environmental Policy 35 and General Policy 2 of the Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to drawings and supporting information submitted on 16th January 2025, referenced; 1700-4 __

Right to Appeal

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

Highways Services - No Objection Port Erin Commissioners - No Objection __

Officer’s Report

1.0 THE SITE 1.1 The application site is the curtilage of 11 Station Road Port Erin. The property sits to the north of the highway within a terrace of properties. The property is characterised as three storeys high and is currently being renovated throughout as per a previous planning permission.

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1.2 To the rear of the premises is a large flat roofed structure attached to the rear of the ground floor that connects through to the remainder of the ground floor area and is labelled as a store in conjunction with the retail unit. Within the courtyard area at the rear is separate access to the ground floor.

2.0 THE PROPOSAL 2.1 Proposed is the erection of rear terrace on existing flat roof.

2.2 The existing flat roof is to upgraded design by Structural Engineer to create an external terrace area to serve the dwelling. The elevated terrace areas to be guarded by metal balustrading.

2.3 This application follow in from a former approval where at the rear the metal staircase & landing that runs across the length of the rear outrigger and also the flat roof above the store was approved under P/A 24/00729/B. (see planning history)

3.0 PLANNING HISTORY 3.1 24/00729/B - Conversion of upper floors from commercial to residential involving creation of additional access, alteration to shop front and formation of rear terrace areas with associated staircase. Approved.

3.2 14/00543/B - Installation of replacement windows to front and rear elevations. Approved.

3.3 25/90043/MCH - Minor Change to 24/00729/B, alteration of approved replacement shopfront door, alteration of existing windows and doors on rear of dwelling. PENDING.

4.0 PLANNING POLICY 4.1 The site lies within an area zoned as 'Mixed Use'on Map 7 of the Area Plan for the South. The site is not within an identified flood risk area on the DoI flood risk maps and there are no registered trees / tree areas identified on / adjacent to the application site.

4.2 The site is further identified as sitting within a 'Proposed Conservation Area'.

4.3 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

Strategic Policy 2 Priority for new development to identified towns and villages 5 Design and visual impact

Spatial Policy 2 Port Erin is a named service centre

General Policy 2 General Development Considerations

Environment Policy 35 Preserve or enhancement for Conservation Areas 42 Designed to respect the character and identity of the locality

4.4 The Residential Design Guide (July 2021) also contains guidance in Sections 2.0 on sustainable construction, Section 3.1 on Local Distinctiveness, 4.0 on Householder Extensions, while Section 7.0 deals with Impact on Neighbouring Properties. Paragraph 4.11.2 relate specifically to roof terraces and states that "in most instances, roof terraces on terraced or semi - detached properties are unlikely to be acceptable. The guidance goes on to state roof terraces may be acceptable on detached dwellings where adequate separation distances are provided and where designed to avoid overlooking.

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5.0 REPRESENTATIONS 5.1 Port Erin Commissioners commented (23/01/25); "will consider the above application at the next Ordinary board meeting scheduled for 11th February 2025". They commented again on 13th February 2025, to support the proposal with no objection.

5.2 DoI Highways Services (30/01/25) has no objection

5.3 There has not been any neighbouring representations received at the time of writing.

6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are; I. Principle II. Visual Impact III. Neighbouring amenities

(i) Principle 6.1 The property is currently being refurbished to offer retail on the ground floor and through a previous permission residential on the upper floors. The dwelling is within a 'mixed use' area and within the town of Port Erin and a proposed conservation area. As such the general principle of development is considered acceptable as it is in accordance with the land use designation and further supported through Strategic Policy 2 and Spatial Policy 2.

(ii) Visual Impact 6.2 This proposal at the rear is almost identical to what was previously approved as part of the aforementioned planning approval. Considering this application on its own merit, it is noted the scope of the works are solely contained to the rear elevation and not considered to have any detrimental impact upon the proposed conservation area and would align with Ep35 in this instance.

6.3 This application is very similar to that which was previously approve and proposes the installation of metal balustrading around the edges of the flat roof and the existing flat roof is to be upgraded design by Structural Engineer to create an external terrace area to serve the upper floors of the property. This flat roof would be accessed from a previously approved metal staircase and landing that runs adjacent to the outrigger of the property.

6.4 Having visited the site, it was observed the rear elevations of those neighbouring properties of Station Road (at the rear) are varied and contain series of flat roofed structures within the rear yards. It was further noted the existence of flat roof terraces on the rear of the properties which may or may not be in residential use and may not have been considered under recent planning policy are in existence.

6.5 The use of galvanised framework and railings for staircases is already evident to the neighbouring properties and either side of the application site and could be seen to be a feature of the rear streetscene offering access or egress from the first floor level. As such the installation of the metal railings and use of the terraced area would not be introducing an incongruous feature and would be appropriate in this instance. The upgrading of the flat roof and creation of a terraced area for use with the residential use of the upper floors would not be considered to have any detrimental upon the character of the building.

6.6 The level of visual impact at the rear of the property is deemed to be an acceptable in this instance and the additional use would comply with those sections of Environmental Policy 35, 42, Strategic Policy 5 and General Policy 2(b) & (c).

(iii) Neighbouring amenities 6.7 In terms of any loss of amenity to the neighbours at the rear from the creation of a landing at first floor level, the outlook would be of the rear of those properties fronting onto Station Road. Here there would be no indivisibility and given the nature and scale of the proposals would not lead to any loss of light or overbearing impact from the proposals. Neither

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would there be any loss of privacy from the use of the rear terrace. As such the proposal would align withGP2g.

7.0 CONCLUSION 7.1 The application would not harm the use and enjoyment of neighbouring properties and would comply with General Policy 2 and of the Strategic Plan 2016 and is recommended for approval.

RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 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).

8.2 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.

8.3 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.

8.4 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: 21.02.2025

Determining Officer Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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