6 December 2022 · Planning Committee
Luss House, 14, Patrick Street, Peel, Isle Of Man, IM5 1br
The proposal involves building a small store room (1.75m x 2.7m) in the rear yard of Luss House, a mid-terraced traditional dwelling at 14 Patrick Street, Peel, with a balcony/terrace on top accessed by an external staircase and featuring a glass balustrade.
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The proposal was assessed against Section 18(4) of the Town and Country Planning Act 1999 due to its location in a Conservation Area, requiring it to preserve or enhance the area's character and appea…
Section 18(4) of the Town and Country Planning Act (1999)
Requires development in Conservation Areas to preserve or enhance the character and appearance of the area. The officer tested the proposal due to the site's location and elevated position; the store room and staircase are not publicly visible, and the modest glass balustrade has limited impact, passing the test by preserving the Conservation Area.
Environment Policy 35
Sets out that development in Conservation Areas will only be permitted where it preserves or enhances the character and appearance. Applied alongside Section 18(4); the proposal's form, mass, and design were found acceptable with no adverse impact.
General Policy 2
Concerns impact on character/appearance (b,c) and neighbouring amenity. The proposal complies as it preserves the Conservation Area character and overlooking is not significantly worsened beyond existing conditions in the built-up area.
Time limit
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.
Bird strike mitigation
Prior to commencement details of the proposed bird strike mitigation which is to be installed onto the proposed balustrade shall be submitted to an approved in writing by the Department and retained thereafter. The development shall be undertaken in accordance with the approved details. Reason: to ensure that the details are appropriate to reduce the risk of bird strike.
no highways interest
Highway Services Division has no interest in the application; Peel Town Commissioners object due to overlooking of neighbouring properties; Manx Wildlife Trust raises concerns about birdstrike risk from glass balustrade and requests mitigation condition.
Key concern: overlooking of neighbouring properties
Highway Services Division
No Objectionthere is no Highways HDC interest (NHI) in: 22/01162/B
Peel Town Commissioners
ObjectionThe Commissioners object to this application because the elevated position of Luss House will result in overlooking of neighbouring properties including through bedroom property windows and into private outdoor rear spaces which are not currently overlooked.
Manx Wildlife Trust
Conditional No ObjectionThis will present an unacceptable risk of birdstrike, especially to nearby nesting birds which include House Sparrow Passer domesticus and Swift Apus apus, both ‘birds of conservation concern’ (BoCCIoM2021); MWT would request that a Condition be attached to this approval, that the glass must be fully opaque
Conditions requested: Condition be attached to this approval, that the glass must be fully opaque, thereby significantly reducing the birdstrike risk to protected species of national importance