DEC Officer Report

Application No.: 22/00570/B Applicant: Petrolink International Limited Proposal: Proposed demolition of existing garage/store and construction of replacement garage/store building Site Address: 25 Market Street Douglas Isle Of Man IM1 2PA Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.07.2022

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.

It is considered the proposed works would preserve the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would comply with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan and Section 18(4) of the Town and Country Planning Act (1999) and the Residential Design Guide 2021.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 31.05.2022. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site is a property 25 Market Street, Douglas which is a two storey detached building which accommodates garaging at ground floor level and office/store at first floor. There are two neighbouring buildings Nr 23 and 27 to either side of the building which are similar in design, but slightly taller. The unit is used in association with 7 Mount Pleasant which is to the west of the site, albeit set a considerable level above.

2.0 PLANNING POLICIES - 2.1 The application site is within an area of Mixed Use Proposal Area - Strand Street and Proposed Comprehensive Treatment Areas 2 under the Area Plan for the East 2020. The application building and site are located within a Conservation Area. - 2.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 2.3 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."

2.4 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." - 2.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 2.6 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".

3.0 PLANNING HISTORY - 3.1 There are no previous planning applications associated with this site which are considered relevant in the assessment and determination of this application.

4.0 PROPOSAL - 4.1 The application seeks approval for the proposed demolition of existing garage/store and construction of replacement garage/store building.

5.0 REPRESENTATIONS - 5.1 Highway Services do not object (17.06.2022) making the following comments: "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that highway licences may be necessary for use of the highway during works for equipment and materials."

6.0 ASSESSMENT - 6.1 The main issues 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 potential impact upon neighbouring amenities. The character and appearance of the Conservation Area - 6.2 The Planning 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. Further, Section 18(4) of the Town and Country Planning Act (1999) also requires that the desirability of preserving or enhancing its character or appearance in the exercise. - 6.3 The alterations to the front of the property is the most important in this case, being the elevation which is most publically viewable and elevation which is most important in terms of the character and appearance of the Conservation Area. The main works to the front elevation (i.e. new front elevation) are considered to represent an improvement over the existing building. - 6.4 The side and rear elevations are not especially publically viewable given the neighbouring properties either side. - 6.5 Discussions with the Assistant Conservation Officer indicate that there are no concerns with the proposal. Potential impact upon neighbouring amenities

6.8 The proposal would not have any significant impacts upon neighbouring amenities to warrant a refusal. - 7.0 CONCLUSION

7.1 It is considered the proposed works would preserve the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would comply with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan and Section 18(4) of the Town and Country Planning Act (1999) and the Residential Design Guide 2021. - 7.2 The application is recommended 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 : 12.07.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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