Officer Report

Application No.: 25/90346/B Applicant: Mr Daniel Simpson Proposal: Erection of single-storey rear extension; re-roofing, re- rendering, installation of replacement windows Site Address: The Nest 22 Albany Road Douglas Isle Of Man IM2 3NG Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.05.2025 _________________________________________________________________

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.

N 1. The applicant is recommended to consider the waste and recycling storage arrangements to ensure that the proposed extension will not prevent bins from being stored within the curtilage of the property

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

Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, Section 18(4) of the Town and Country Planning Act (1999) and Section 19 of the 1999 Town and Country Planning Act and General Policy 2, Strategic Policy 4, Environmental Policy 34 & 35 of the IOM Strategic Plan Planning Policy Statement 1/01 and Residential Design Guide.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 31.03.2025.

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is The Nest, 22 Albany Road, Douglas, a traditional two storey semi-detached dwelling located on a corner plot, with Albany Road to the south and Colden Road to the east.

2.0 THE PROPOSAL - 2.1 The application seeks full approval for the erection of single-storey rear extension; reroofing, re-rendering, installation of replacement windows.

3.0 KEY DOCUMENTS - 3.1 Material Considerations Town and County Planning Act 1999 - 3.2 Section 10(4) of the Town and Country Planning Act states: "In dealing with an application for planning approval… the Department shall have regard to -

• (a) The provisions of the development plan, so far as material to the application,
• (b) Any relevant statement of planning policy under section 3;
• (c) Such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and
• (d) All other material considerations."

3.3 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". - 3.4 In light of (a) above, it is considered that two key documents are:

• o Area Plan for the South; and
• o The Isle of Man Strategic Plan (2016).

Area Plan for the East 2020

3.5 The site lies within an area designated on the Area Plan for the East as predominantly residential, and within a Conservation Area. The site is not in an area at risk of flooding. Isle of Man Strategic Plan (adopted 2016) - 3.6 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application. - 3.7 Strategic Policy 4 states: "Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest;

• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and

• (c) not cause or lead to unacceptable environmental pollution or disturbance."

3.8 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

3.9 Environment Policy 34 states: "In the maintenance, alteration or extension of pre1920 buildings, the use of traditional materials will be preferred." - 3.10 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 3.11 Planning Policy Statement 1/01 - Conservation Of The Historic Environment Of The Isle Of Man - 3.12 Planning Circular 1/98 - The Alteration and Replacement of Windows

4.0 PLANNING HISTORY - 4.1 The following application is considered relevant in the determination of this current application; - 4.2 Replacement of existing with PVC windows - 94/01843/B - APPROVED

5.0 REPRESENTATIONS - 5.1 Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.2 Douglas Borough Council make no objection (09.04.2025) commenting;

• "Although the Council is not raising an objection we would kindly ask that the applicant gives consideration to their waste and recycling storage arrangements to ensure that the proposed extension will not prevent bins from being stored within the curtilage of the property."
• 5.3 Highway Services comment there is no highway interest (04.04.2025).

6.0 ASSESSMENT - 6.1 Main Issues

• Statutory test (Town and County Planning Act 1999);

• o Potential impacts upon the Conservation Area and the visual amenities of the street scenes (StP 4, GP 2, EP 4, 30, 32, 34, 35 & 42 of the IOMSP); and
• o Potential impacts upon neighbouring amenities (GP2 & Residential Design Guide).

Statutory test

6.2 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in section 3.4 of this assessment on whether the proposal would preserve or enhance the Conservation Area. - 6.3 In relation to the proposed new roof covering (natural slate) and re rendering there are no concerns and is an appropriate materials for the property and the Conservation Area. - 6.4 The proposal includes the replacement of the existing sliding sash windows with uPVC sliding sash windows (50/50 split) to match. It is considered the proposals would not have any adverse impact on the character and appearance of the dwelling or that of the Conservation Area; having a neutral impact (i.e. preserve). - 6.5 The rear single storey flat roof extension with parapet wall with roof lantern are modest in size and sit neatly to the rear of the main dwelling and to the side of the rear two storey outrigger. The proposal will be apparent from public views from Colden Road and Albany Road. However, it is considered its proportion, scale, mass, finishes and overall design are all appropriate and in keeping with the property. The proposal would therefore preserve the Conservation Area. Impacts upon the Conservation Area and the visual amenities of the street scenes - 6.6 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. Further, Planning Circular 1/98 and Sections 18(3) and 18(4) of the Town and Country Planning Act (1999) as mentioned above, also requires that the desirability of preserving or enhancing its character or appearance in the exercise. - 6.7 Given the reasons outlined in paragraphs 6.3 to 6.5 the proposal is considered to be acceptable and preserve the Conservation Area. Potential impacts upon neighbouring amenities - 6.8 Given the size, scale, design and distance from any neighbouring properties it is considered the proposal would have no significant adverse impact to neighbouring amenities (loss of light, overlooking and/or overbearing impact) to warrant a refusal.

7.0 CONCLUSION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, Section 18(4) of the Town and Country Planning Act (1999) and Section

• 19 of the 1999 Town and Country Planning Act and General Policy 2, Strategic Policy 4, Environmental Policy 34 & 35 of the IOM Strategic Plan Planning Policy Statement 1/01, Planning Circular 1/98 and Residential Design Guide.
• 7.2 Therefore it is recommended that the application be approved.

8.0 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.

8.5 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: 06.05.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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