220697

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                                                 25/90370/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90370/B Applicant : JMC68 Ltd Proposal : Installation of replacement front door (retrospective) Site Address : 7 Dumbells Terrace Laxey Isle Of Man IM4 7NY

Planning Officer: Peiran Shen Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 29.05.2025 __

Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. It is with regret that we conclude that the proposal complies with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 since the traditional Victorian style front door is no longer a character of the existing terrace. Given the context of the site, it is considered to preserve the character and appearance of the area.

Plans/Drawings/Information;

This approval relates to the documents, statement, location plan, site plan and photos, which has been received on 7th April 2025.

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Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: Garff Commissioners - No objection

It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because:

The Isle of Man Victorian Society Marjon House, Alberta Drive, Onchan

as objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact Assessment

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                                                 25/90370/B
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is required) (A10(2)(b)) and Objection does not set out in relation to material planning considerations, an impact of the proposal on the lawful use of their land (A10(2)(c))

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Officer’s Report

1.0 THE SITE 1.1 The site is 7 Dumbells Terrace, Laxey, a mid-terrace house located on the west of Dumbells Terrace. It has a red timber door with nine-panel glazing on top and a toplight.

1.2 These terraced houses have the same form and share the same articulation of their respective front elevations. The front doors are the same size but are varied in their design.

2.0 THE PROPOSAL 2.1 This application seeks retrospective approval for the replacement of the front door. The current front door is a white uPVC door with two-panel glazing on top and a top light.

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.

4.2 The site is within the Peel 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 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 5 Architectural Details

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6.0 REPRESENTATIONS This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website. 6.1 The Garff Commissioners have no objection to this application (21.05.2025). The comment states that "even though the location was in the conservation area, she would not like all the doors and other details of the properties to be the same. There were no objections to these proposals."

6.2 DoI Highway Services states that there is no highway interest in this application (15.04.2024).

6.3 The Isle of Man Victorian Society (Marjon House, Alberta Drive, Onchan) wrote in objection to this application (13.05.2025). The comment states that the terrace should all have a Victorian front door with only solid panels.

7.0 ASSESSMENT Conservation Area Statutory Test 7.1 Before assessing the elements of the proposal, as it is located within a Conservation Area, a test should be applied to this proposal, as mentioned in Section 5.1. It is whether the proposal would preserve or enhance the character of the Conservation Area.

7.2 The terrace was constructed for miners during the Victorian era. A timber door with only solid panels is a typical feature of houses built at that time. It is also considered a positive contribution to the character of the Conservation Area at present. However, it is with regret that this part of uniformity of the appearance of the terrace, namely the timber doors with only sold panels, has been compromised by a series of windows and door replacements, some with and some without planning approval, to the point that it is no longer a feature for this terrace. Therefore, the proposed door, although not the original design for this terrace, would not harm the existing character of the terrace.

7.3 In addition, neither the existing timber red door nor the proposed uPVC white door positively reflects the traditional character of the terrace. Therefore, the replacement is considered to have no material impact on the existing character of the terrace.

7.4 In summary, the proposal is considered to preserve the existing character of the terrace, part of which is formed by front doors of the same size but with different designs. Therefore, the proposal is considered to pass the test.

Elements of Assessment 7.5 The key considerations in the determination of the application are its impact on the terrace itself and the character and appearance of the area.

7.4 As mentioned in 7,2, the proposal is considered to have a neutral impact on the appearance of the terrace.

7.5 As mentioned in 7.2, the proposal preserves the character and appearance of the area.

8.0 CONCLUSION 8.1 It is with regret that we conclude that the proposal complies with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 since the traditional Victorian style front door is no longer a character of the existing terrace. Given the context of the site, it is considered to preserve the character and appearance of the area. Therefore, it is recommended for an approval.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

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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: 30.05.2025

Determining Officer

Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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