**Document:** DEC Officer Report **Application:** 22/00857/B — Erection of replacement rear rendered wall and widening of access gate **Decision:** Permitted **Decision Date:** 2022-10-13 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/9186-german-16-castle-street-wall-replacement/documents/954276 --- # DEC Officer Report **Application No.:** 22/00857/B **Applicant:** Mrs Heather Hurt **Proposal:** Erection of replacement rear rendered wall and widening of access gate **Site Address:** 16 Castle Street Peel Isle Of Man IM5 1AN **Planning Officer:** Mr Peiran Shen **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 03.10.2022 ## 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 application is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01. ## Plans/Drawings/Information; This approval relates to the documents, location plan, site plan, photos and drawing no. PL466P01, PL466-P02 which have been received on 25th July 2022. ______________________________________________________________ Interested Person Status – Additional Persons It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): Isle of Man Victorian Society Owners/Ocupiers of 52 Alberta Drive, Onchan as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy _____________________________________________________________________________ Officer’s Report 1.0 THE SITE - 1.1 The site is the Dumbell House, 16 Castle Street, Peel. 2.0 THE PROPOSAL - 2.1 The proposed is the erection of a wall with a timber gate in replacement of the existing fence on the rear/side boundary. 3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application. 4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated for mixed use in the Peel Local Plan 1989. - 4.2 The site is within the Peel Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: - o Paragraph 4.3.11 - o Strategic Policy 4(a), 5 - o General Policy 2 (b) (c) (g) (m) - o Environment Policy 35 - o Community Policy 7 and 10 PPS and NPD 4.4 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area. 5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7. 6.0 REPRESENTATIONS - 6.1 Peel Town Commissioners has not commented at the time of the report (03.10.2022). - 6.2 Highway Services does not oppose this application (04.08.2022). The comment states that there is no significant negative impact upon highway safety, network functionality and /or parking. 6.3 Isle of Man Victorian Society wrote in (09.08.2022) suggesting that two 18-inch pillars can be built on either side of the proposed wall to be better in keep with its traditional settings. 7.0 ASSESSMENT Conservation Areas Statutory Test - 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or protect the character of the Conservation Area. - 7.2 The proposal is not readily visible from the main public highways (albeit apparent from Love Lane). In the meantime, the proposed wall is an improvement to the existing dilapidated timber fence. Therefore, the proposal is considered to preserve the character of the area and pass the test. - 7.3 The key consideration of this application is its impact on the character and appearance of the area. - 7.4 As mentioned in section 7.2, it is considered that the proposal would preserve the character of the area. 8.0 CONCLUSION - 8.1 The proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01. Therefore, it is recommended for an approval. 9.0 INTEREST PERSON STATUS - 9.1 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 which 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. 9.2 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: 12.10.2022 ## Determining officer Signed : C BALMER Chris Balmer 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. --- *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/9186-german-16-castle-street-wall-replacement/documents/954276*