DEC Officers Report

Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

1.0 THE APPLICATION SITE 1.1 The application site is the curtilage of Clear Pharmacy, a single storey flat roofed end building sited on the western side of Cherry Orchard in Port Erin. Cherry Orchard is one way and links Church Road with Station Road.

2.0 THE PROPOSAL 2.1 The planning application seeks approval for the removal of an existing window and door and installation of a new rendered dwarf wall and window, all to match the existing building.

3.0 PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications, none of which however are considered materially relevant to the assessment of this current planning application.

4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area zoned as Mixed Use under the Area Plan for the South 2013. The application site also sits within the proposed Port Erin Conservation Area. 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically relevant to the assessment of this current planning application:

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;

Application No.:	14/01366/B
Applicant:	John Ferris
Proposal:	Removal of existing window and door and installation of new dwarf wall and window
Site Address:	Clear Pharmacy
Orchard Street
Port Erin
Isle Of Man
IM9 6AJ

(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."

Environmental Policy 35 states:

"Within Conservation Areas, the department will permit only development which would reserve 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."

5.0 Representations

5.1 Port Erin Commissioners support the current planning application (17/12/2014).

6.0 Assessment

6.1 The fundamental issues to consider in the assessment of this current planning application are the impacts upon the appearance of the building as viewed from within the street scene. 6.2 The removal of the inset door and window and installation of a new dwarf wall and window is considered a fairly modest form of development. Although the eastern elevation of the building would be altered and visibly different, it would not be detrimental in the street scene and is considered to preserve the character and quality of the proposed Conservation Area.

7.0 Recommendation

7.1 Overall it is concluded that the planning application is in accordance with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and as such the planning application is recommended for approval.

8.0 Party Status

8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 29.12.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

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 approval relates to Drawing No 0001 and 01000 both date stamped as received on 1st December 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made: Permitted Date: 29/12/14

Determining officer (delete as appropriate)

Signed: _________________________ Chris Balmer Senior Planning Officer

Signed: _________________________ Michael Gallagher Director of Planning and Building Control Signed: _________________________ Jennifer Chance Head of Development Management

DEC Officers Report

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