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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01579/CON Applicant : Mrs Deborah Forster Proposal : Demolition of dwelling, cafe, garage and outbuildings Site Address : Cliffside And End Cafe The Promenade Laxey Isle Of Man IM4 7DD
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 31.01.2022 __
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.
C 2. Prior to the commencement of any development, including demolition, a scheme to address potential danger as a result of landslip, together with a method statement and programme or works, shall be prepared by an appropriately qualified engineer, and submitted to and agreed in writing by the Department. The works shall be carried out in accordance with the agreed scheme and none of the dwellings hereby permitted shall be occupied until the Department has confirmed in writing that the works have been satisfactorily been completed in accordance with the approved scheme.
Reason: To ensure that the development site is appropriate for safe development, during and after demolition and construction.
C 3. The submitted Method Statement prepared by Manx Demolition Limited dated 9th December 2021 shall be undertaken in accordance with these details, unless otherwise agreed with the Department in writing.
Reason: To ensure the safety and amenity of those who live, work and visit the area surrounding the site.
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This application has been recommended for approval for the following reason. The existing building does not positive contribution to the character or appearance of the Conservation Area, in fact has a detrimental impact to the Conservation Area and the Promenade which is highly visible. The proposal would have no adverse impacts upon public or private amenities and therefor complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, the Area Plan for the East 2020 and Conservation Areas of Planning Policy Statement 1/01.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawing all received on 05.01.2022.
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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 Regulation 11(4):
DOI (Flood and Highways) and 2 Glen View, South Cape, Laxey
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; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
1.0 SITE 1.1 The site is a parcel of land at the south western end of Laxey Promenade. The site presently accommodates a two storey building which accommodated a former cafe with living accommodation above and alongside. The building is of poor form with large, horizontally proportioned windows on both floors of the main part of the building and more traditional elements on the north eastern side. The south western end of the building has a shallow mono-pitched roof and the building is rendered although most of the paintwork is peeling off.
1.2 No part of the building is occupied or used and most of the windows are boarded up.
1.3 A pedestrian footway runs on the seaward side of the site which is outwith the application site. A vehicular access continues from the promenade in single vehicle width form (approximately 4m wide) to the application site. Double yellow lines are painted on the landward side of this stretch of highway.
1.4 To the rear of the building is a steep cliff at the top of which are properties which front onto Old Laxey Hill, particularly Cliff Mount which was the site of a significant land slip some years ago, the result of which was that material fell down behind the application buildings.
1.5 The promenade is characterised by the seafront on the south eastern side, abutted by a low concrete wall with a wide pavement. The buildings on the other side are varied in age,
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appearance and style with the cafe and ice cream kiosk forming an important feature visually and functionally set in a wide grassed area. Further toward the application site are Glevum - an Art Deco style building, Seaview, Curlew Cottage and Wavecrest, all more traditional properties, a two storey garage block associated with Wavecrest beyond which is a public toilet block with changing cubicles alongside and a single storey chalet building used by The Shed, which is a café with outside seating area.
2.0 PROPOSAL 2.1 The application seeks approval for the demolition of dwelling, cafe, garage and outbuildings.
3.0 LAND USE ZONING / PLANNING POLICIES 3.1 The site is within an area designated as "Mixed Use" under the Area Plan for the East 2020. Most of the site falls within the Conservation Area: a small part which is currently undeveloped but one which unit 1 is proposed to be built, is outwith the Area. The site is not within a High Flood Risk Zone. 3.2 The Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application.
3.3 Strategic Policy 4 states: 'Proposals for development must:
(a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead unacceptable environmental pollution or disturbance.'
3.4 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:
(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; (g) does not affect adversely the amenity of local residents or the character of the locality;
3.5 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.'
3.6 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
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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 states: "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):
"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
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
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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."
4.0 PLANNING HISTORY 4.1 17/00006/B proposed the same development as is proposed in this current application and was approved at an appeal following the Planning Committee refusing the application on the following grounds: "R 1. Whilst planning approval was granted in 2008 for the same development, there is no information on the current condition of the slope to the rear, nor whether there have been any events which may have further de-stabilised the slope since the earlier decision. As such, there is nothing to demonstrate that the development as proposed could be implemented, nor any indication of how the required remediation and protection of the slope could be successfully undertaken and the environmental impact that could have.
R 2. Notwithstanding the decision taken in respect of 07/01201/B for the same scheme, the Committee is of the view that the density and height of the proposed development is inappropriate in this prominent position where development is generally smaller and lower than that proposed. The density and height would result in inadequate levels of private amenity space for the occupants of the units and unsatisfactory outlook from some aspects of the units. Without the details of the remediation and protection of the slope at the rear, it is not fully known whether the outlook to the rear of the units, would be more significantly affected than as shown in the submitted drawings which already show a very close relationship between the slope and any retaining wall, and the rear windows." 4.2 However the Inspector made the following comments: "In my view, in its present dilapidated and semi-derelict condition, the building on the appeal site detracts substantially from the character and appearance of the Laxey Conservation Area. Insofar as it would entail the removal of this structure, the proposed development would have a positive effect. The buildings now proposed would be almost identical to those that were approved on appeal in 2008. The Inspector and the Minister who dealt with that appeal found that the appearance of the development then proposed would be acceptable, and I have no reason to come to any different conclusion as regards the present scheme."
4.3 The application was approved by the Minster following a recommendation of an approval from the Inspector with the attached relevant conditions; "C 2. Prior to the commencement of any development, including demolition, a scheme to address potential danger as a result of landslip, together with a method statement and programme or works, shall be prepared by an appropriately qualified engineer, and submitted to and agreed in writing by the Department. The works shall be carried out in accordance with the agreed scheme and none of the dwellings hereby permitted shall be occupied until the Department has confirmed in writing that the works have been satisfactorily been completed in accordance with the approved scheme.
Reason: To ensure that the development site is appropriate for safe development, during and after demolition and construction.
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C 4. Prior to the commencement of any development, including demolition, a construction method statement must be approved by the Department, setting out how construction vehicles will be access the site and where they will park, demonstrating that other users of the Promenade will not be adversely affected or have their safety compromised whilst demolition or building works are undertaken on the site. The development must be undertaken in accordance with these details.
Reason: To ensure the safety and amenity of those who live, work and visit the area surrounding the site."
4.4 There where further planning applications on this site; however, the above are the most relevant and most recent.
5.0 REPRESENTATIONS 5.1 The Garff Parish Commissioners have no objection to the (received on 13.01.2022).
5.2 Department of Infrastructure Highways Services have commented they have no highway interest (13.01.2022).
5.3 Flood Management Division do no object (11.01.2022).
5.4 Ecosystems Policy Team make the following comments (25.01.2022): "I can confirm that the Manx Bat Group's report is all in order and a suitable level of assessment has been undertaken. No further surveys for bats are required, but the applicant is advised to be vigilant throughout any works and should bats or evidence of bats be found then works should stop and the Ecosystem Policy Team or Manx Bat Group helpline (Tel:366177) be contacted."
5.5 The owner/occupier of 2 Glen View, South Cape Laxey objects to the application on the following summarised rounds (11.01.2022): While it may seem ridiculous to object to the application, I would draw you attention to inconsistencies in the application which, if the latter is approved, could lead to abuse of the use of the public footway adjoining the application site; What the site plans show is demolition also of the boundary wall. There are however no corresponding plans showing how the site will be finished off once the demolition has taken place and no indication of how the slope at the rear of the site will be held back and no indication how the site boundary will be demarcated by hoarding or fencing once demolition has been completed; I therefore believe amendment of the plans must be sought to clarify how the site will be finished, how the boundary will be formed and what is the intention behind submitting a site plan showing the retention of the building with the car parking spaces as denoted; and I believe any approval of the application must also be subject to a condition that the site must be clearly demarcated from the public footway and the latter kept unobstructed at all times.
6.0 ASSESSMENT 6.1 The principal issue in the assessment of this application is whether the existing building make a positive contribution to the character or appearance of the Conservation Area.
6.2 The simple answer to this question is that the building doesn't not and has not for a number of decades and has become an eyesore in a prominent location at the end of Laxey Promenade which is also at the end of the Conservation Area. An approved scheme is in place (17/00006/B - expires 15.03.2022). The principle of the demolition has also been accepted by the previously planning approvals for its replacement. The conclusions made, is also shared with the Registered Building Team within DEFA.
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6.3 Overall, it is considered as the building doesn't not positive contribution to the character or appearance of the Conservation Area, if fact has a negative impact, the proposal is acceptable.
Other Matters 6.4 It is noted that Conditions 2 & 4 of planning application 17/00006/B where attached which sought to ensure a qualified engineer had undertaken a survey/report to address potential danger as a result of landslip. This information has not yet been provided; albeit it is understood the applicants have employed such works to be undertaken. Accordingly, this condition should be included as part of this current application, as the applicants may not choose to implement planning application 17/00006/B and there still needs to be control that such works/report is undertaken as part of the demolition.
6.5 Condition 4 was attached to ensure a construction method statement (Manx Demolition Limited report dated 9th December 2021) be provided. The applications have submitted this which includes details of; Responsibility, Site Set up; Demolition procedure and Associated works; Public relations measures; traffic management; unplanned or uncontrolled collapse; striking and unidentified utility supply; and compliance with various legislation (H&S etc). It is considered this information meets the requirement of Condition 4. While this information will still need to be submitted and approved for 17/00006/B; for this current application it is considered a condition which requires that this method statement is fully adhered to should be attached to any approval.
6.6 Comments have been received that the proposal is to remove the front boundary wall (fronts onto the adjacent public footpath) and no details are shown. The approved application does not proposes any new boundary feature. This current Registered Building application cannot deal with this matter and this has already been approved. Any other concerns of car parking areas replete to the already approved application and are not matters for this application to considered.
7.0 CONCLUSION 7.1 The existing building does not positive contribution to the character or appearance of the Conservation Area, in fact has a detrimental impact to the Conservation Area and the Promenade which is highly visible. The proposal would have no adverse impacts upon public or private amenities and therefor complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, the Area Plan for the East 2020 and Conservation Areas of Planning Policy Statement 1/01, it is recommended that planning permission 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.
8.3 In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person. __
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I can confirm that this decision has been made by the 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 : 31.01.2022
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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