**Document:** Officer Report
**Application:** 18/00404/B — Creation of an additional window to north gable
**Decision:** Permitted
**Decision Date:** 2018-06-13
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/11540-german-10-gib-windows/documents/982953

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# Officer Report

**Application No.:** 18/00404/B
**Applicant:** Mr & Mrs George Ready
**Proposal:** Creation of an additional window to north gable
**Site Address:** 10 Gib Lane Peel Isle of Man IM5 1PD Case Officer : Mr Chris Balmer
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 04.06.2018 _________________________________________________________________

## 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 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 the submitted documents and drawings reference numbers 1, 2, 3, 4 & 5 all received on 18th April 2018. _______________________________________________________________

### Interested Person Status – Additional Persons

It is recommended that the following persons 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 6(4):

IOM Victorian Society _____________________________________________________________________________

### Officer’s Report

1.0 SITE - 1.1 The site represents the existing residential curtilage of 10 Gib Lane, Peel which is a detached two storey property located to the southern side of Gib Lane and south of Marine Parade.

2.0 PLANNING POLICIES - 2.1 In terms of local plan policy, the application site is within an area recognised as being within Mixed Use under the Peel Local Plan. The site is within a Conservation Area. - 2.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 2.3 General Policy 2 states: "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:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (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;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption."

3.4 Environment Policy 35 states: "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."

3.0 PLANNING HISTORY - 3.1 The previous planning application is considered relevant in the assessment and determination of this application: - 3.2 Installation of uPVC windows to replace existing - 02/00364/B - APPROVED

## - 4.0 PROPOSAL

4.1 The application seeks approval for the alterations including installation of full height windows to front elevation and rear French doors. - 5.0 REPRESENTATIONS

5.1 Highway Services comment there are no highway implications (17.05.2018).

5.2 Peel Town Commissioners do not object (22.05.2018).

5.3 The Victorian Society comment (04.06.2018) that although the previous replacement window should have been sliding sash, this window matches the other non-conforming windows and we have no objection to the application.

## - 6.0 ASSESSMENT

6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the potential for overlooking over neighbouring properties.

6.2 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. - 6.3 The works proposed would not result in significant or prominent features in the street scene, the main alteration is the upper glazed window within the gable facing, roadside elevation. This is in keeping with the existing windows within the property. Accordingly, it is considered the proposal would comply with General Policy 2 and Environment Policy 35 as the works would preserve the character an appearance of the Conservation Area.

6.3 The new proposals would not introduce a significant level of potential overlooking than the existing situation. The upper glazed window within the gable facing elevation would not have significant direct views into neighbouring properties (namely Nr 13 Gib Lane) but rather views over an area of hardstanding opposite the site (commercial use) and beyond to the sea. Accordingly, it is considered the proposal in relation to neighbouring amenities would comply with General Policy 2. - 7.0 RECOMMENDATION

7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved. - 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 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 Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

### Decision Made : Permitted Date : 12.06.2018 Determining officer

Signed : J CHANCE Jennifer Chance

Director of Planning and Building Control

## 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/11540-german-10-gib-windows/documents/982953*
