DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00097/B Applicant: Sunset Properties Ltd Proposal: Installation of replacement windows Site Address: Apartment Building Harbour Lights Shore Road Peel IM5 1AH Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.03.2023

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 statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the conservation area is being preserved. It is also judged that the application meets the tests of strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area and surrounding townscape are being protected and preserved. The application is therefore judged to be acceptable.

Plans/Drawings/Information;

This decision relates to drawing 1605.w1 and the other supporting information submitted on 31st January 2023. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is Harbour Lights, Shore Road, Peel. The property has a café at ground floor and apartments in the upper floors. The site is located in the Peel Conservation Area.

2.0 THE PROPOSAL - 2.1 This application proposes to replace all of the windows on the property except those on the front elevation at ground floor level. The existing windows are single glazed timber units, with a variety of opening methods and styles. The proposed replacement UPVC units would be in a like for like manner in terms of style and opening method.

3.0 PLANNING POLICY - 3.1 The site is in an area defined as mixed use in the Peel Local Plan 1989, and within the Peel Conservation Area. The site is not in an area at risk of flooding, although Shore Road outside is noted as having a high risk 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

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; and (g) does not affect adversely the amenity of local residents or the character of the locality.

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;

• Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• 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.
• 3.5 Planning Circular 1/98: The Alteration And Replacement Of Windows Category b) BUILDINGS IN CONSERVATION AREAS Policy If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows.

4.0 PLANNING HISTORY - 4.1 Reference Number: 89/00303/B Status: Permitted Proposal: Installation of satellite dish, 2 Shore Road, Peel.

Reference Number: 85/00652/B Status: Permitted Proposal: Installation of ice-cream serving hatch and canopy to front elevation, Sunset City Cafe, Shore Road, Peel

Reference Number: 21/01475/B Status: Permitted Proposal: Installation of replacement window on Front Elevation, alteration of apartment 1 (part Ground & First Floor) to create 2 No Permanent Apartments, with alteration of roof area to expand existing terrace

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 The Department of Infrastructure Highways Division have stated that they judge the application to have no significant negative impact upon highway safety, network functionality and/or parking (20.2.2023).

6.0 ASSESSMENT - 6.1 The issue here is whether the proposals would preserve or enhance the special character of the Peel Conservation Area. - 6.2 The replacement windows are proposed to replicate the style and opening method of the existing units. With this in mind, the proposals meet the guidance within Planning Circular 1/98. In terms of the building's contribution to the character of the Peel conservation area, the Shore Road and corner elevations are judged to be the most significant. As the windows proposed to be replaced would replicate the style and opening method of the existing windows, the character of the conservation area and surrounding townscape is considered to be preserved.

- 7.0 CONCLUSION

7.1 It is judged that the proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the conservation area is being preserved. It is also judged that the application meets the tests of strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area and surrounding townscape are being protected and preserved. It is therefore recommended that the application be approved.

8.0 INTERESTED PERSONS 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 : J SINGLETON Jason Singleton Principal Planner

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