21/01141/CONRefused

8 February 2022 · Delegated - Principal Planner Chris Balmer

Registered Building consent for demolition elements to PA 21/01140/B

10, Osborne Grove, Douglas, Isle Of Man, IM1 3le

Received23 Sept 2021

Validated29 Sept 2021

Consultation20 Oct 2021

Decided8 Feb 2022

5 months

Received23 Sept 2021

Validated29 Sept 2021

Consultation20 Oct 2021

Decided8 Feb 2022

5 months

Why was this refused?

impact on Conservation Area character
loss of rear terrace rhythm
presumption against demolition in CA and RB contexts
failure to preserve historic form
non-compliance with EP35 and Strategic Policy 4

The site is a mid-terrace three-storey dwelling with a two-storey mono-pitched roof annexe at the rear, located within the Windsor Road Conservation Area in Douglas. The proposal involves demolishing the annexe roof and replacing it with a flat roof to create a terrace.

Refusal Reasons

✗The existing annexe is a part of what forms a rhythm on the rear of the whole terrace and the removal of the roof would have a negative impact on the form of the terrace and individual building on the general character of the Conservation Area. In line with EP35 the proposal would not accord with the IOM Strategic Plan 2016 and Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man.

Documents (8)

Officer Report Decision Notice Application Form

DEC Decision Notice

DEC Officer Report

APL Location and Existingplans and Elevations

29 Sept 211pp

📐

APL Proposed Plans and Elevations

29 Sept 211pp

📄

CON Consultation 1 DOI Highway Response

29 Sept 211pp

📄

CON Consultation 2 Douglas Corporation

29 Sept 212pp

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Decision & Reasoning

Refused8 February 2022

The officer determined that the key issue is whether removing the annexe roof is acceptable in the Conservation Area, emphasizing policies that require preserving or enhancing character, retaining pos…

Policies Assessed (5)

GP1

General Policy 1

Requires regard to the Development Plan and all other material considerations in determining applications. Referenced as foundational but not specifically tested against the proposal.

SP4

Strategic Policy 4

Requires proposals to protect or enhance the fabric and setting of Conservation Areas. The proposal fails as it harms the setting through altering the terrace rhythm.

GP2

General Policy 2

Permits development respecting site, surroundings, scale, form, design, townscape character, and amenity. Fails (b), (c), and (g) due to adverse impact on terrace form and Conservation Area character.

SP3

Strategic Policy 3 - To respect the character of our towns and villages

Requires design to account for local character, materials, and identity. Cited alongside ENV42 and HP6 but fails due to incompatibility with historic terrace rhythm.

EP35

Environment Policy 35

Permits only development preserving or enhancing Conservation Area character, protecting special features. Directly cited as failed due to negative impact on terrace form and area character.

Public Comments (2)

SupportDouglas Borough Council(statutory consultee)

no objection (08/10/2021)

SupportDoI Highway Services(statutory consultee)

no highway interest (06/10/2021)

Consultation Responses

Both DOI Highways Division and Douglas Borough Council have no objections to application 21/01141/CON.

Department of Infrastructure (DOI) Highways Division

No Objection

No Highways Interest; NHI on 06.10.2021

Douglas Borough Council

No Objection

Douglas Borough Council has no objections

Why was this refused?

impact on Conservation Area character

loss of rear terrace rhythm

presumption against demolition in CA and RB contexts

failure to preserve historic form

non-compliance with EP35 and Strategic Policy 4

Refusal Reasons

✗The existing annexe is a part of what forms a rhythm on the rear of the whole terrace and the removal of the roof would have a negative impact on the form of the terrace and individual building on the general character of the Conservation Area. In line with EP35 the proposal would not accord with the IOM Strategic Plan 2016 and Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man.

Policies Assessed (5)

GP1

General Policy 1

Requires regard to the Development Plan and all other material considerations in determining applications. Referenced as foundational but not specifically tested against the proposal.

SP4

Strategic Policy 4

Requires proposals to protect or enhance the fabric and setting of Conservation Areas. The proposal fails as it harms the setting through altering the terrace rhythm.

GP2

General Policy 2

SP3

Strategic Policy 3 - To respect the character of our towns and villages

Requires design to account for local character, materials, and identity. Cited alongside ENV42 and HP6 but fails due to incompatibility with historic terrace rhythm.

EP35

Environment Policy 35

Permits only development preserving or enhancing Conservation Area character, protecting special features. Directly cited as failed due to negative impact on terrace form and area character.