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21/01429/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01429/B Applicant : Junkbox Ltd Proposal : Installation of two aluminium grilles to the rear elevation Site Address : 9 - 11 Duke Street Douglas Isle Of Man
Planning Officer: Mr Peiran Shen Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.01.2022 __
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.
This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2, Environment Policy 35 of the Strategic Plan, Planning Policy Statement 1/01 and Planning Circular 1/98.
Plans/Drawings/Information;
This approval relates to the documents, and drawing no. 277/001, 277/002, 277/020 as having been received on 30th November 2021.
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Interested Person Status - Additional Persons
None __
Officer’s Report
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21/01429/B Page 2 of 5
1.0 THE SITE 1.1 The application site is the commercial curtilage of 9-11 Duke Street, Douglas, a four- storey semi-detached property located at the west corner of Duke Street and Lord Street.
1.2 Duke Street is a pedestrianized street and Lord Street is a main road. On the left of the property is Water Lane. It's a narrow street that separates the commercial property on the east side and the terraced dwellings on the west side. This lane leads to the back of the property as well as the backyards of the terraced dwellings.
2.0 THE PROPOSAL 2.1 The proposed is the installation of two aluminium grilles on the rear elevation of the ground floor.
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 Mixed Use (Strand Street) in the Area Plan for the East.
4.2 The site is within the Athol Street and Victoria Street Conservation Area.
Strategic Policy 4.3 In terms of strategic policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
Principles of Developments 4.4 General Policy 1 states: "The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations."
4.5 Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest."
4.6 General Policy 2, which provides an overall requirement for all development, 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: (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; (g) does not affect adversely the amenity of local residents or the character of the locality; (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."
Visual Design 4.7 Strategic Policy 3, Environment Policy 42 and Housing Policy 6 all focused on the visual design of developments, they state that the design should take account of the local materials, character and identity of its immediate locality, in terms of buildings and landscape features. Focused on landscaping.
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4.8 Paragraph 4.3.11 of the Strategic Plan states: "a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development"
4.9 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." This is also reiterated in CA/2 of PPS 1/01.
Environment 4.10 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island." Then, Infrastructure Policy 5 particularly states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."
Safety and Security 4.11 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
PPS and NPD 4.12 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 areas."
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 There is no strategy or guidance considered materially relevant to this application.
Other Material Considerations 5.3 There is no other material considerations considered relevant to this application.
6.0 REPRESENTATIONS 6.1 Douglas Borough Council does not object to this application (27.01.2022).
6.2 DoI Highway Services states there is no highway interest in this application (16.12.2021).
7.0 ASSESSMENT Conservation Areas Statutory Test
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7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or protect the character of the Conservation Area.
7.2 There rear elevation of these buildings are not contributing to the character of the Conservation Area. The new grilles would not stand out and are not visible to the public as the rear alley is usually only used by nearby staff and residents. Therefore, it is considered to preserve the character of the Conservation Area and therefore passed the test.
Elements of Assessment 7.3 The key considerations in the determination of the application are its impact on the property itself and on the character and appearance of the Area.
Design of the Property Itself 7.4 As mentioned in 7.2, it is considered that the proposal maintains the design of the rear elevation.
Character and Appearance 7.5 As mentioned in 7.2, the proposal has a neutral impact on the character and appearance of the area. Therefore, the design is considered acceptable.
8.0 CONCLUSION 8.1 The proposal is considered to comply with General Policy 2, Environment Policy 35 of the Strategic Plan, Planning Policy Statement 1/01 and Planning Circular 1/98. Therefore, it is recommended for an approval.
9.0 INTEREST PERSON STATUS 9.1 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 which 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.
9.2 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
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Decision Made : Permitted Date : 31.01.2022
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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