DEC Officer Report

Application No.: 23/01362/B Applicant: Mr David & Mrs Ruth Birch Proposal: Erection of bicycle store and storage sheds Site Address: Methodist Sunday School Glen Road Laxey Isle Of Man IM4 7AH Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.01.2024

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. This approval only relates to the proposed bike and log store situated to the Western side of the property and notwithstanding the details provided, no permission is granted under this application for any other alterations shown on the existing and proposed drawings.

Reason: The application has been assessed on the basis of the bike and log store and no other details.

This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999) 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 24th November 2023;

• o Drawing No. JTM095B-P-01
• o Drawing No. JTM095B-P-02

______________________________________________________________ Interested Person Status – Additional Persons

Department for Infrastructure's Flood Risk Management Team should be afforded interested person status as they are a Government Department which has raised material planning considerations. _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of the former Methodist Sunday School, Glen Road, Laxey, which is a traditional detached property sited to the North of Glen Road. - 1.2 The existing building gable end which faces the Glen Road is rendered, whilst the side elevations are finished with Manx stone. The building roof is finished with natural slate. The front of the existing building is bounded by a stone wall to the highway. - 1.3 Glen Road is characterised by a mix of dwelling types of different forms, design and layout. The neighbouring dwellings to the west of the site, Thie Glenwood and Thie Gennal, are a pair of traditional semi-detached cottages, one and half storeys in height. To the east is the Police House which is part single, part two storeys in height. The buildings in the immediately area are a mixture of single and two storey properties, mainly traditional in appearance. THE PROPOSAL

2.1 The current planning application seeks approval for the erection of a bike store and log store to the Western side of the dwelling within the side garden. The proposed bike and log store is to measure approximately 1.972m by 4.912m, with an overall height of 2.678m. The proposed bike and log store are to have a slate roof and rendered walls with the bike store having a brick plinth and a conservation roof light. - 2.2 It is relevant to note that the existing and proposed floor plan, show alterations to the main dwelling which have not gained approval (at the time to writing this report) and are to be assessed under PA23/01277/B. PLANNING HISTORY

3.1 The previously approved application for the, "Conversion of property to provide residential accommodation including creation of first floor, new vehicular access and external alterations to provide parking," PA16/01210/B is relevant to the assessment of this application.

3.2 It is also relevant to note that there is a concurrent application in the system PA23/01277/B which is for, "Alterations to door, window, canopy and driveway - additions to approved application PA 16/01210/B (Retrospective)" and is currently pending. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the East, Map 7- Laxey. The site is situated within a Conservation Area and also 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 It is also relevant to note that due to the application being situated within a Flood Risk Zone, that Environment Policy 10 which states that any application within a Flood Risk Zone needs to be accompanied by a Flood Risk Assessment is also relevant. REPRESENTATIONS - 5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal 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." (1.12.23) - 5.3 Garff Commissioners have considered the application and state no objections. (12.01.24) - 5.4 DEFA Inland Fisheries have considered the application and have no objections. (7.12.23) - 5.5 DOI Flood Risk Management Division have considered the application and do not oppose, stating, "The bicycle and storage shed cannot be used for accommodation." (4.12.23) ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test
• - character and appearance (GP2, b,c)
• - flood risk (EP10)
• - other matters

- 6.2 SECTION 18(4) TEST

• 6.2.1 Due to the proposed works being 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 proposed works are situated to the Western elevation and designed to be residential in appearance. Whilst the proposed works will not enhance the Conservation Area, it is a residential feature which would be expected within a residential setting. As such with this in mind the works will pass the Section 18(4) test by preserving the Conservation Area.

- 6.3 CHARACTER AND APPEARANCE

6.3.1 When looking at the character and appearance of the proposed works, any views to the site would be fleeting and seen within the sites overall context. As such it is deemed that the proposed works whilst they might be apparent ultimately they would not be impacting the Conservation Area as a whole.

- 6.4 FLOOD RISK

• 6.4.1 Whilst it is noted that the site is situated within a flood risk zone and as such as per Environment Policy 10 a Flood Risk Assessment would be required, the proposed works would not be causing additional flooding above and beyond what is in place, nor altering the fabric of the residential dwelling which could create an additional flood risk. As such it is ultimately deemed that a Flood Risk Assessment is not required in this instance.

- 6.5 OTHER MATTERS

• 6.5.1 Following from 2.2 of this report, the application has provided existing and proposed floor plans which show alterations which have not gained approval. As such this application has been assessed on the basis of the bike and log store addition only.

• 6.5.2 Whilst this is the case, for the benefit of doubt a condition will be applied to state this. CONCLUSION
• 7.1 The proposed bike and log store is deemed acceptable in terms of their form, mass and design which preserves the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. INTERESTED PERSON STATUS
• 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by the Head of Development Management 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

Decision Made : Permitted Date : 18.01.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.