**Document:** DEC Officer Report
**Application:** 19/00212/B — Variation of condition one of PA 15/00346/B, Erection of a pair of dwellings to replace demolished dwellings, to extend period of permission by four years
**Decision:** Permitted
**Decision Date:** 2019-07-19
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/29646-rushen-vacant-site-formerly-replacement-extension/documents/1047274

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# DEC Officer Report

**Application No.:** 19/00212/B
**Applicant:** Mrs Margaret Halsall
**Proposal:** Variation of condition one of PA 15/00346/B, Erection of a pair of dwellings to replace demolished dwellings, to extend period of permission by four years
**Site Address:** Vacant Site Formerly 1 And 2 The Promenade Port St. Mary Isle Of Man
**Planning Officer:** Miss Lucy Kinrade
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 10.07.2019 _________________________________________________________________

## 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 30th April 2023.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

### Plans/Drawings/Information;

This approval relates to drawings, 1254.10, 1254.11, 1254.12, 1254.13 and 1254.14, location plan 1:1250 and supporting letter from the applicant all date stamped and received 25/02/2019.

_______________________________________________________________ Interested Person Status – Additional Persons none _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The application site is the curtilage of Plots 1 and 2 The Promenade, Port St Mary, a vacant site which is to the northern side of The Promenade. Planning permission has been

granted previously for various schemes proposing residential development including a very recent scheme for two dwellings under PA 15/00346/B for a three storey building with additional fourth floor accommodation in the roof space. The 2015 proposal was very similar to the applications which were approved under PA 11/01682/B and 14/01212/B, the difference between the 2011 application and the 2015 and that proposed now is that windows are proposed at ground floor level whereas previously there were two garage doors. The current proposal has two separate front doors, and two windows (1 for each dwelling) at each floor above.

## THE PROPOSAL

2.1 The application seeks approval for the variation of condition one of approved PA 15/00346/B to extend the period of approval by a further four years. PLANNING HISTORY - 3.1 The most relevant application is PA 15/00346/B as referred to above, the site has also been subject to two previous applications for residential development in both 2011 and 2014. Alongside the site on the eastern side, planning approval was granted for the erection of a three storey building accommodating a launderette with apartment above under PA 14/00040/B, this building has been completed and is now in use. DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area zoned as "Mixed Use" identified on The Area Plan for the South 2013. In the assessment of the original application consideration was given to the following policies in assessing the acceptability of the proposal: Strategic Policy 1, Strategic Policy 2, Strategic Policy 3, Strategic Policy 5, Spatial Policy 3, General Policy 2, Environment Policy 42 and Housing Policy 6 of the Isle of Man Strategic Plan and also Mixed Use Proposal 2 of The Area Plan for the South 2013.

4.2 In determining whether the variation of condition is acceptable, we must consider whether there have been any revisions to the above policies or whether there have been any new material considerations to take into account. - 4.3 In the case of this application it may be relevant to consider the Report to the Select Committee of Tynwald on the Development of Unoccupied Urban Sites 2017 - 2018. This reinforces the emphasis on Strategic Policy 1 and 2 and the redevelopment of town centre brownfield sites.

## - 5.0 REPRESENTATIONS

Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Port St. Mary Commissioners - no comments received as of 10/07/19. - 5.2 The Department of Infrastructure Highway Services - no comments received as of 10/07/19.

## - 6.0 ASSESSMENT

6.1 The principal issue in the determination of this application is whether there have been any changes to planning policy since the original approval, or whether there have been any new material considerations to take in to account (i.e. Policy changes/ changes to land used designations/Local Plan changes etc)

6.2 There have been no material planning policy changes since the initial approval except the 2007 version of the Strategic Plan has been superseded by the 2016 version, however those policies referred to in 4.1 remain unchanged. Perhaps the only material change since the 2015 approval is the Report to the Select Committee of Tynwald on the Development of Unoccupied Urban Sites, it would be reasonable to state that this proposal would see the development of an existing brownfield site in the centre of Port St Mary and which would work towards the redevelopment of unoccupied sites. - 6.3 In light of the lack of comments or objection from local neighbours or consultees and minded that there have been no material changes to strategic policy or any other material considerations which would result in any negative findings that the proposed development for the same reasons as set out by the 2015 case officer within the assessment of the application still presents an acceptable form of development.

## - 7.0 CONCLUSION

7.1 For the reasons set out above, it is considered that it is appropriate to approve the variation of condition one and extend the approval for a further 4 years. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated. 8.2 The Planning Committee 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 in Article 6(4) 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.

Decision Made : Permitted Date: 18.07.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/29646-rushen-vacant-site-formerly-replacement-extension/documents/1047274*
