DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00742/B Applicant: Mrs S Caley Proposal: Installation of replacement windows to rear elevation Site Address: 4 Bank Street Castletown Isle Of Man IM9 1AT Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.07.2022

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. 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 6th June 2022;

• o Drawing No. 01158D
• o Drawing No. 01158 _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE APPLICATION SITE

1.1 The application site is within the curtilage of 4 Bank Street, Castletown which is a two storey mid terraced property to the East of Bank Street. The property is a traditional Manx cottage with sliding sash windows and half-glazed door and slated roof with chimney stacks on each gable. THE PROPOSAL - 2.1 The current planning application seeks approval for the replacement of the existing timber sliding sash rear windows with uPVC casement windows. PLANNING HISTORY - 3.1 The previous applications are not relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Prominently Residential" under the Area Plan for the South, Map 5 - Castletown. The site is within a Conservation Area but isn't within 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 In addition to the above consideration should also be given to Planning Circular 1/98 and PPS 1/01 which provide guidance policies in respect of the alteration or replacement of windows and works in a Conservation Area. REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and have no highways interest." (23.06.22) - 5.3 No comments have been received from Castletown Commissioners at the time of writing this report. 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)

- 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 Whilst the proposal is removing the original sliding sash windows, the policies in place to protect the Conservation Areas, state that windows in the rear can be casements. As such with the proposal being for casements, of the same glazing bars as the original, this will ultimately preserve the Conservation Area.

• 6.2.4 With the above 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 on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area. As stated above the proposal will preserve the overall Conservation Area and as such complies with Environment Policy 35. CONCLUSION

7.1 The proposed rear windows are 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 : 13.07.2022 Determining officer

Signed : S BUTLER

Stephen Butler Head of Development Management

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