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22/01119/B Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01119/B Applicant : BBG Limited Proposal : Erection of a smoking shelter Site Address : Shore Hotel Old Laxey Hill Laxey Isle Of Man IM4 7DA
Planning Officer: Mr Peiran Shen Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 27.10.2022 __
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. This application is considered to comply with General Policy 2 of the Strategic Plan and Planning Policy 1/01.
Plans/Drawings/Information;
This approval realates to the documents and drawing no. P-006 which have been received on 6th September 2022 and P-105 Rev A which has been received on 20th October 2022 __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is the Shore Hotel Laxey, Old Laxey Hill, Laxey.
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2.0 THE PROPOSAL 2.1 The proposed is the erection of a mono-pitched-roof smoke shelter between the gap of the hotel and 3 Glen Roy Cottages, which is under the ownership of the applicant.
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 in the Area Plan for the East.
4.2 The site is within the Laxey Conservation Area.
Strategic Policy 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: Strategic Policy 3, 4 (a), 5 General Policy 2 (b) (c) (g) (m) (n) Environment Policy 35 Community Policy 7 and 10
PPS and NPD 4.4 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 area.
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.
6.0 REPRESENTATIONS 6.1 Garff Commissioners has not commented at the time of the report (27.10.2022).
6.2 DoI Highway Services states there is no highway interest in this application. (25.10.2022).
6.3 DEFA Inland Fisheries does not object to this application (28.09.2022).
7.0 ASSESSMENT Conservation Areas Statutory Test 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 The roof and body and shelter would fit in with its surroundings. Therefore, the proposal is considered to preserve the character of the area and pass the test.
Elements of Assessment
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7.3 The key consideration of this application is its impact on the character and street scene of the area.
Character and Street Scene 7.4 As mentioned in section 7.2, it is not considered to have a negative impact on the character of the area.
8.0 CONCLUSION 8.1 The proposal is considered to comply with General Policy 2 of the Strategic Plan and Planning Policy 1/01. 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 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: 01.11.2022
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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