DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01282/B Applicant: Whim Boutique Limited Proposal: Replace windows and doors to front and side elevations and replacing the existing shop front door (side elevation) with a window. Site Address: Whim Boutique 1 - 2 Dumbells Terrace Laxey Isle Of Man IM4 7NY Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 13.01.2023 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal - R 1. The proposed windows neither preserve nor enhance the character and appearance of the existing property located within a Conservation Area, as such the proposal is inappropriate and will negatively impact the Conservation Area and is contrary to Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan and neglects the general standards towards replacement windows as set out in Planning Circular 1/98. - R 2. The proposed alteration to a glazed display will neither preserve nor enhance the character and appearance of the existing property located within a Conservation Area, as such the proposal is inappropriate and will negatively impact the Conservation Area and is contrary to 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

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of "Whim Boutique," 1 - 2 Dumbells Terrace, Laxey which is a two storey traditional end of terrace cottage.

• THE PROPOSAL
• 2.1 The current planning application seeks approval for the following but not exclusive to items;

• - replace existing shop store and apartment door
• - replace existing shop entrance door and window with glazed display window
• - replace existing door to front elevation
• - replace windows to side and front elevation with top hung casement windows, totalling 5 windows.

PLANNING HISTORY

3.1 The site itself has been subject to several applications of which none are relevant to the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominately Residential" under the Area Plan for the East, Map 7 - Laxey. The site isn't within a Flood Risk Zone but is within a Conservation Area.

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. REPRESENTATIONS - 5.1 The following representations can be found in full online;

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 use of the highway for equipment and materials during construction." (27.10.22)

5.3 Garff Commissioners have considered the proposal and state they have no objection. (14.12.22) ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are:

• Section 18(4) test 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 Due to the site being an end of terrace property and due to its location within the overall streetscene, the property is within a highly visible vantage point, not only from traveling traffic but from when on the MER which goes directly past the site. As such it is necessary to make sure the proposed alterations will not impact the existing dwelling.
• 6.2.3 The proposed replacement windows of casement "sash" windows do not respect the property, nor do they comply with Planning Circular 1/98, as they would impact the overall Conservation Area enough to warrant refusal, whilst this is the case it's necessary to assess the rest of the proposal.
• 6.2.4 Turning towards the replacement of the shop door and window with a glazed window display. Generally the main purpose of a Conservation Area is to conserve traditional designs, whether big or small, especially if they are not in conflict of their modern usage.

• 6.2.5 The existing doorway and windows, whilst not original to the building of the property can be seen to be in place from the mid 1950's and possibly earlier and as such they had a historic factor to the existing Conservation Area.
• 6.2.6 The proposal to change this to a modern glazed window display will alter how the property will appear within the Conservation Area and overall will negatively impact the Conservation Area

CONCLUSION

7.1 Ultimately the proposed windows do not comply with Planning Circular 1/98 and the proposed alteration of the shop entrance door and windows to a glazed display window will neither preserve nor enhance the overall Conservation Area and as such the proposal does not comply 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 : Refused Date: 03.02.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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