DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01108/B Applicant: Mr & Mrs Colin Hamilton & Ann Jane Rudge Proposal: Installation of replacement windows and doors Site Address: 103 Malew Street Castletown Isle Of Man IM9 1LX Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.10.2022

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 1st September 2022;

• o Location Plan
• o Site Plan
• o Photographs of the existing windows
• o Window Quotation _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of No.103 Malew Street, Castletown which is a late 80's, early 90's build situated to the Western side of Malew Street. THE PROPOSAL - 2.1 The current planning application seeks approval for the replacement of the existing casement windows to the front and rear elevation with like for like replacement in uPVC.

2.2 The proposal also proposes the replacement of the rear door with a stable door with a top light. 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 "Mixed Use" on the Area Plan for the South, Map 7 Port Erin/ Port St Mary. The property is within a Conservation Area and 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, below is a short summery;

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. The Applicant is advised that highway licences may be necessary for the placing of equipment and / or materials in the highway during works." (15.09.22) - 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 To the front elevation the proposal is to replace like for like windows and a replacement door, both of these aspects will preserve the Conservation Area.
• 6.2.3 Turning towards the works to the rear, firstly the replacement windows will preserve the overall Conservation Area. With regards to the proposed new door to the rear, whilst the existing contributes to the Conservation Area, the door is outside of a public vantage point, as such the impact upon the Conservation Area will be minimal and as such, the works will preserve the overall 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. CONCLUSION
• 7.1 The proposed replacement windows and door to the rear 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 a Principal Planner 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: 25.10.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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.