DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00086/B Applicant: Ms Junona Ostache Proposal: Installation of 3 replacement Velux windows Site Address: Apartment 56 Millennium Court Queens Promenade Douglas Isle Of Man IM2 4NN Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.03.2023

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 proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016, and policy CA/2 of Planning Policy Statement 1/01 as the conservation area is being preserved and protected. It is also judged that the proposals meet general policy 2 of the IOM Strategic Plan 2016 as they do not affect adversely the character of the surrounding townscape. It is therefore judged that the application is acceptable.

Plans/Drawings/InformationThis decision relates to the information received on 26.1.2023. _______________________________________________________________

Interested Person Status

Additional Persons None

_____________________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is Apartment 56, Millennium Court, Queen's Promenade, Douglas. The property is situated on the top floor of the six storey building. The site is within the Douglas Promenades Conservation Area.

2.0 THE PROPOSAL - 2.1 The proposal is to replace three existing roof lights with like for like units.

3.0 PLANNING POLICY - 3.1 The site lies within the area designated on the Area Plan for the East 2020 as Mixed Use, and within the Douglas Promenades Conservation Area. The site is in an area with a high likelihood of surface water flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999

S18 Designation of conservation areas

(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.

3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 Strategic Policy 4: Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;

General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality;

Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.

3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given

special consideration where the character or appearance of a conservation area may be affected.

4.0 PLANNING HISTORY 4.1 Given the extremely modest nature of the application, there are no historic applications that are judged to be relevant.

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application. (8.3.2023). - 5.2 Douglas Borough Council have stated they have no objections to the application (2.3.2023).

6.0 ASSESSMENT - 6.1 The principal issue with regard to the application is the impact of the proposed works on the special character of the conservation area. - 6.2 The proposed replacement roof lights are not visible from any of the public views of the site, and as the new units are proposed to be like for like, the character of the conservation area and the surrounding townscape is considered to be preserved. - 6.3 Whilst the site lies within an area at high risk of flooding, the nature of the development will not change the resilience or susceptibility of the site and surrounding area from flooding and as such, this is not considered to be a reason to refuse the application in this case.

7.0 CONCLUSION - 7.1 It is judged that the proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016, and policy CA/2 of Planning Policy Statement 1/01 as the conservation area is being preserved and protected. It is also judged that the proposals meet general policy 2 of the IOM Strategic Plan 2016 as they do not affect adversely the character of the surrounding townscape. It is therefore recommended that the application be approved.

8.0 INTERESTED PARTY 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: 17.03.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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