DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 21/01452/CON Applicant: Mr Martin Le Moignan Proposal: Registered Building consent for demolition elements to PA 21/01453/B Site Address: 2 Stanley Terrace Douglas Isle Of Man IM2 4EP Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.09.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

This application has been recommended for approval for the following reason.

The planning application would not result in the loss of a building of particular merit or interest. The development would therefore comply with General Policy 2 and Environmental Policies 35 and 39 of the Isle of Man Strategic Plan 2016, RB/6 and CA/6 of the Planning Policy Statement 1/01.

Plans/Drawings/Information; This decision relates to drawings submitted on 2 December 2021, referenced;

• 01 Location and Existing Site Plan
• 02 Block Plan and Rear Elevation as Existing and amended plans received on 5th May 2022, referenced
• 03A Floor Plans and Elevation as proposed
• 04A Proposed Roof Plan. ______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of 2 Stanley Terrace, Douglas. The property is characterised as a mid -terrace at three stories high with prominent chimney stacks on the joins. The property / terrace is set back from the highway with gardens to the front. The terrace sits at a higher level than the highway. - 1.2 To the rear of the property is a Stanley Place that serves the rears of the terrace of Stanley Terrace (opposite) with some properties having garaging, parking or car ports with some built forms above the garages which has created additional accommodation. The street also serves a number of residential properties fronting onto Stanley Place. The roadway here is relatively narrow with parking to one side and just enough space to pass with a vehicle. - 1.3 Between the rear of the dwellinghouse and that of the existing garage, there are a number of single and two storey extensions that link the house to the garage with only a small corridor down the centre that is not covered from the elements. - 1.4 This application should be read in conjunction with 21/01453/B - Erection of a first floor extension to rear yard with carport below.

2.0 THE PROPOSAL - 2.1 Proposed is the demolition of the rear garage and accommodation above in its entirety and those rear extensions and in its place the erection of car port with a pitched roofed extension above that would provide separate accommodation (no access to the main dwelling house) that would feature an internal layout of open plan lounge kitchen and dining, two bedrooms and a bathroom. Access is from within the car port (parking for two cars) and adjacent to the rear entrance to the main building of 2 Stanley Terrace. This would see the entire first floor above the garage and car port being utilised for accommodation, essentially a granny flat annexe in conjunction with the dwellinghouse. - 2.2 The agent has provided a statement that notes the pertinent points of the application, the policy requirement and the level of improvements the proposal will bring to the character of the area by the design. The agent notes; With the existing extensions that sit within the rear yard space being in a state of disrepair, it is proposed to demolish these and make better use of the space, with extended off road parking, making this an open car port will allow parking to be much more accessible and increase in parking from one to two". - 2.3 The propose works are solely contained to the rear elevation facing onto Stanley Place.

3.0 PLANNING POLICY - 3.1 The application site is designated as; 'predominately residential' on the Area Plan for the East. - 3.2 The site is within Ballaquayle Road Conservation area, there no registered trees on site and the site is not identified as being within a flood risk area. - 3.3 The Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 3.4 General Policy 2 (GP2) (in part)

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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the

3.5 Environment Policy 35: 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. - 3.6 Within Section 7.32 - Demolition in Conservation Areas of the IOMSP, the following text is all relevant and informs Environment Policy 39 (below):

"7.32.1 Under Section 19 of the 1999 Town and Country Planning Act, Conservation Area designation introduces control over the demolition of most buildings within Conservation Areas...

• 7.32.2 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. When considering proposals which will result in demolition of a building in a Conservation Area, attention will be paid to the part played in the architectural or historic interest of the area by the relevant building and the wider effects of demolition on the building's surroundings and on the Conservation Area as a whole. In addition, consideration will be given to:

• o the condition of the building;
• o the cost of repairing and maintaining it in relation to its importance and the issue derived from its continued use (based on consistent long-term assumptions);
• o the adequacy of efforts made to retain the building in use;
• o the merits of alternative proposals for the site."

3.7 Environment Policy 39 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. - 3.8 Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man): - 3.9 POLICY RB/6 DEMOLITION There will be a general presumption against demolition and consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of an historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:-

• o The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more

• favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces that in an age of rapid change may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair;
• o The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the
• open market at a realistic price reflecting the building's condition.
• o The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this
• option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them

3.10 POLICY CA/6 DEMOLITION Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole." - 3.11 OTHER MATERIAL CONSIDERATIONS; 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.

4.0 PLANNING HISTORY - 4.1 The application site has no planning history that is considered relevant to this application.

5.0 REPRESENTATIONS (in brief - full reps can be read online) - 5.1 Highways Services do not object (No Highways Interest) 22/12/21;

- 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are whether the existing lean-to building should be retained as its makes a positive contribution to the character or appearance of the Conservation Area. - 6.2 In the planning application it was considered that the removal of the built form of the garage and rear annexes would be acceptable and its replacement deemed to have a neutral impact on the Conservation area. The existing building / garage fronting onto Stanley Place is in a poor state of repair and is not an original form of development, rather an 'add on' in the past. Its design, finish and appearance would not be considered to have an adverse impact on the existing principal building. Therefore in relation to the demolition, there are no concerns as it is considered the merits of alternative proposals are beneficial within Conservation Area and the site.

7.0 CONCLUSION - 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 (Registered Buildings) Regulations 2013, the following 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;
• (c) Manx National Heritage; and
• (d) The local authority in whose district the land the subject of the application is situated

8.2 In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

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: 21.09.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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