Officer Report

Application No.: 25/90294/B Applicant: Mannin Retail Ltd Proposal: Form new entrance lobby under existing shopfront canopy Site Address: Spar 8 - 10 Atholl Street Peel Isle Of Man Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.07.2025 _________________________________________________________________

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. Notwithstanding the details provided within this application, no permission is given for the signage shown upon the Drawing No.2, dated received 13th May 2025.

Reason: The application has been assessed on the basis of an infill extension to the front elevation and no other details.

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

The proposed infill extension is deemed acceptable in terms of their form, mass and design, which will ultimately preserve the overall Conservation Area and Streetscene, as such the proposal complies with Section 18(4) of the Town and Country Act (1999) and General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 13th May 2025;

• o Drawing No. 01
• o Drawing No. 02 _________________________________________________________________

Right to Appeal

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

DOI Highway Services - No objection

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of the Spar shop, situated to the East of Atholl Street. The site is part of a petrol forecourt, which has the pumps situated to the North of the site and an existing garage situated to the North East of the site. - 1.2 To the front of the site there is a roof overhang at first floor level, with the front elevation of the site being separated into three sections, two of which are fixed windows. - 1.3 There is enough parking directly in front of the site for three cars. THE PROPOSAL

2.1 The current planning application seeks approval for the infilling of the existing canopy to make an entrance lobby. The proposed extension is single storey and is to measure 3.825m by 0.945m and is to be glazed within an automated entrance door. PLANNING HISTORY - 3.1 The previous applications on the site are not relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" on the Peel Local Plan 1989 Map. The site is situated within a Conservation Area but not a Flood Risk Zone.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. - 4.3 Also relevant to the proposal is Environment Policy 10 which seeks that all applications within a Flood Risk Zone is accompanied by a Flood Risk Assessment and Environment Policy 22 which sets out prevention of unacceptable harm to the environment and/or the amenity of neighbouring properties.

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summary;

5.2 DOI Highway Services have considered the application and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as there will still be some parking retained with the entrance lobby proposals."

5.2 No comments have been received from Peel Town Commissioners at the time of writing this report. (21.07.25) ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test - Character
• - Section 18(4) test - Appearance
• - highway safety

• - other matters

- 6.2 SECTION 18(4) TEST - CHARACTER

• 6.2.1 Due to the proposed works being situated in a Conservation Area, it is necessary to test the application under Section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.

• 6.2.2 The site due to its use as a shop and forecourt already has an character akin to this use, the proposed extension is unlikely to impact this character above and beyond what is currently in place, as such the proposal is deemed acceptable from this point of view.

- 6.3 SECTION 18(4) TEST - APPEARANCE

6.3.1 When looking at the appearance of the proposal and whether it would impact the Conservation Area, as already stated in section 1 of this report, the site frontage is separated into three sections, with two being fixed windows and one being the entrance into the Spar shop. The proposal to enclose the entrance part of the site given its size and appearance, it is considered that the proposal would be an appropriate form of development within the streetscene and to the site itself, whilst not affecting the appearance of the Conservation Area.

- 6.4 HIGHWAY SAFETY

6.4.1 Turning towards whether the proposal would have an impact on the already existing parking situated within the site. Due to the proposal being an infill of the already existing roof overhang it is unlikely to impact the parking available on the site, due to the likelihood of anyone parking within this area being minimal. It's also note that Highway Safety have considered the application and as the professional concerning highway safety, do not object to the application.

- 6.5 OTHER MATTERS

• 6.5.1 It's noted that a sign above the entrance door is not shown on the existing but is shown on the proposed entrance door. As this is an application for the infill extension only and not an assessment under the advertisement regulations, a condition to state that the signage is not assessed under this application.

CONCLUSION

7.1 For these reasons above the proposal is considered to comply with the relevant polices of the Isle of Man Strategic Plan 2016 as there is no demonstrable harm arising from the application on the Conservation Area. As such, the application 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. _____________________________________________________________________________________________________

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: 21.07.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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