**Document:** DEC Officer Report **Application:** 24/00361/B — Replace existing rear external door and window with new window at raised height **Decision:** Permitted **Decision Date:** 2024-05-13 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/32182-rushen-beach-shack-formerly-replacement-windows/documents/1058364 --- # DEC Officer Report ## PLANNING OFFICER REPORT AND RECOMMENDATION **Application No.:** 24/00361/B **Applicant:** Mr Toni Treutler **Proposal:** Replace existing rear external door and window with new window at raised height **Site Address:** Beach Shack (Formerly Tag Cashtal), Shore Road, Port Erin IM9 6HL **Planning Officer:** Vanessa Porter **Recommended Decision:** Permitted **Date of Recommendation:** 09.05.2024 ## 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 proposal complies with General Policy 2 of the Isle of Man Strategic Plan 2016. Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 28th March 2024; - o Drawing No. 01 - o Drawing No. 02 - o Drawing No. 03 Rev A - o Drawing No. 04 _______________________________________________________________ ## Interested Person Status Additional Persons None _____________________________________________________________________________ ## Officer’s Report ## THE APPLICATION SITE 1.1 The application site is the residential curtilage of "Beach Shack," Shore Road, Port Erin, IM9 6HL, which is a split level bungalow situated to the South of Shore Road. Due to the elevation of the site, the rear garden is tiered. THE PROPOSAL - 2.1 The current planning application seeks approval to incorporate the existing workshop/utility into the dwelling by removal of an internal wall, upgrading of the existing walls and installation of a new uPVC white window to the Southern elevation which is to have uPVC cladding to the lower section of walling. No details have been provided upon the colour of the proposed uPVC cladding. PLANNING HISTORY - 3.1 The following are relevant applications upon the site; - 3.1.1 PA23/01369/B - Removal of Chimney Stack to North Elevation (retrospective) - Permitted. PLANNING POLICY - 4.1 The dwelling sits within an area zoned as Mixed Use, with the rear garden being within an area not zoned for development. Parts of the site are situated within a Surface Water - Low Likelihood area and are situated within a proposed Conservation Area. 4.2 Given the nature of the land zoning and the proposed works, the most applicable policies would be General Policy 2 which seeks general standards towards acceptable development, Strategic Policy 4 which seeks to protect or enhance Conservation Areas, Environment Policy 35 which seeks that the character and quality of the Conservation Area is protected against inappropriate development, Environment Policy 39 in connection with Paragraph 7.32.2 which seeks to retain building which make a positive contribution to the character or appearance of the Conservation Area. 4.3 The recently released Residential Design Guidance 2021 is also a material consideration particularly those parts in respect of good neighbourliness and overlooking. - 4.4 Furthermore consideration shall also be given to Community Policies 7 and 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation. REPRESENTATIONS 5.1 The following representations can be found in full online; 5.1 Highway Services have considered the application and state, "No Highways Interest." (12.04.24) 5.2 No comments have been received from Port Erin Commissioners at the time of writing this report. ASSESSMENT - 6.1 Paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 states that there is a general presumption in favour of extensions or alterations to existing properties where such works would not have an adverse impact on adjacent properties or the surrounding area in general. 6.2 In the case of this application, the proposed works are situated to the rear elevation outside of a public vantage point. With the works being a replacement of a window and door with a window, the impact on the character and appearance of the site is minimal. 6.3 Due to the location of the works and the already existing window and door, the proposal will have no impact on the neighbouring amenity of the nearby properties. CONCLUSION - 7.1 For the above reasons the proposed the proposal is considered to comply with General Policy 2 of the Isle of Man Strategic Plan 2016 and therefore acceptable. 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 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 in Article 6(4) who should be given Interested Person Status. I can confirm that this decision has been made by the Acting Head of Development Management 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 : 10.05.2024 Determining officer Signed : A MORGAN Abigail Morgan Acting Head of Development Management 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. --- *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/32182-rushen-beach-shack-formerly-replacement-windows/documents/1058364*