DEC Officer Report

Application No.: 21/01194/B Applicant: Mr Terrence & Mrs Caroline Brown Proposal: Installation or replacement slate tiles to rear elevation (retrospective) Site Address: Isabella Cottage 24 Mines Road Laxey Isle Of Man IM4 7NH Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 08.11.2021 _________________________________________________________________

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 considered the works would preserve the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 08.10.2021. _________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of 24 Mines Road, Laxey which is a traditional two storey property located along the western side of Mines Road.

1.2 The dwellings ground level is the same as that of the adjacent highway; however, the rear garden of the site rises significantly above the roof ridge of the property and continues up to the rear boundary which meets the Manx Electric Railway. - 1.3 22 Mines Road is a traditional two storey terraced property with a slate tiled roof.

2.0 THE PROPOSAL - 2.1 The application seeks approval for installation of replacement roof slates (retrospective).

3.0 PLANNING STATUS AND POLICY - 3.1 The application site is within an area zoned as an "predominately residential use" under the Area Plan for the East. It is also within the Laxey Conservation Area. - 3.2 The Strategic Plan contains the following policies which are relevant in the determination of this application: - 3.3 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."

3.4 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." - 3.5 Residential Design Guide July 2021 "5.3 FINISHING AND DETAILING

• 5.3.1 The design, detailing, external finishes, materials and architectural features can have a significant impact on the overall appearance of a new dwelling or an extension.
• 5.3.2 Consideration should be given to the relationship between the new building/extension and surrounding properties/the original part of the building, for example matching the brick/stone/render and colour/type, the mortar joints and continuing string-courses or

continuation of plinths, string courses, decorative brickwork, bargeboards and fascias. For extensions, the position of joinery details should reflect those of the original building, this is especially relevant to more period/traditional dwellings. Consideration should also be given to the most appropriate pattern, texture and type of roof tiles/slates."

3.6 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".

4.0 PLANNING HISTORY - 4.1 This property has been the subject of a number of previous applications; however, none are considered relevant in the determination of this application.

5.0 REPRESENTATIONS - 5.1 Garff Commissioners do not oppose (01.11.2021). - 5.2 Highway Services comment that there are no highway implications (20.10.2021).

6.0 ASSESSMENT - 6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property. - 6.2 The 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. - 6.3 Further, a statutory test (Section 18(4) of the TCPA) is also will the proposal preserve or enhance the character of the overall Conservation area, and if not is the negative impact sufficient within the context of the Conservation Area as whole to warrant refusal, irrespective of any planning balance with the effect of S.16/18 creates a presumption against approving any development which would conflict with the above and should be afforded considerable weight. - 6.4 The alterations to front elevations are the most important in this case, being the elevations which is most publically viewable and elevation which is most important in terms of the character and appearance of the Conservation Area. In this case the works are to the rear and therefore not apparent form Mines Road. The works are viewable form the Manx Electric Railway which is to the rear and above the site. However, given the replacement roof tiles are natural slate and are a like for like basis it is considered the proposal would preserve the Conservation Area.

7.0 CONCLUSION - 7.1 Overall, it is considered the works would preserve the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan. The application is recommend for an approval.

8.0 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 : 23.11.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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