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22/00131/CON Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00131/CON Applicant : Mr Chris Ellis Proposal : Registered Building consent for demolition elements to PA 22/00130/B Site Address : Thorny Cottage Thorny Road Douglas Isle Of Man IM2 5EA
Planning Officer: Mr Paul Visigah Photo Taken : 31.03.2022 Site Visit : 31.03.2022 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.04.2022 __
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. This application is considered to comply with Environment Policies 35 and 39 of the Strategic Plan and Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man.
Plans/Drawings/Information;
This decision relates to the Planning Statement, Drawing Nos. 016/EX001, 016/EX002, PA 001 and PA 002 received 2 February 2022. __
Interested Person Status - Additional Persons
DOI Highways have not identified land they own that would be impacted on by the proposal and should therefore not receive IPS. __ Officer’s Report
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22/00131/CON Page 2 of 5
1.0 THE SITE 1.1 The site is the curtilage of Thorny Cottage, Thorny Road, 97 Woodbourne Road, a two- storey detached dwelling located on the corner of Woodbourne Road and Thorny Road. The building has its external walls finished in painted render, while its largely pitched roof is finished in slate tiles.
1.2 The property which has its entire curtilage enclosed in a painted render wall which is mostly about 2m high has its garage situated on the south-western boundary with 95 Woodbourne Road. Access to this flat roofed garage is via Woodbourne Road Lane which runs along the north-western boundary of the site.
2.0 THE PROPOSAL 2.1 The application seeks approval for Registered Building consent for the demolition elements relating to the application 22/00130/B.
2.2 The demolition would involve the removal of the existing conservatory to enable the erection of a new two storey extension, as well as demolition of single garage to create barbeque area.
3.0 Planning Policy 3.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East and the site is within the Woodbourne Road Conservation Area. The site is not prone to flood risks and the site is not within a registered tree area. No registered trees are within the site boundary. Given the above, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
3.2 General Policy 1 states: "The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations."
3.3 General Policy 2, which provides an overall requirement for all development, 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; (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; (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 Paragraph 7.29.2 Development proposals within Conservation Areas will be expected either to preserve or enhance their character or appearance. Development proposals should be in accordance with the Department's conservation policies set out in Planning Policy Statement 1/01, "Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man." There is generally grant assistance available to help in the use of appropriate materials and positive and appropriate development within Conservation Areas.
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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 Strategic Policy 4 states (in part) that "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;"
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 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
3.8.1 Appendix 7.6 states that for typical residential development, there should be two spaces for dwellings with two or more bedrooms.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 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".
4.2 Planning Policy Statement 1/01 4.2.1 POLICY CA/2: SPECIAL PLANNING CONSIDERATIONS "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected".
4.3 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."
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22/00131/CON Page 4 of 5
5.0 PLANNING HISTORY 5.1 This application runs contemporaneously with PA 22/00130/B for demolition of conservatory and detached garage and erection of 2 storey side extension with associated works.
5.2 Other applications related to the application site and considered to be materially relevant to the current application are: o PA 91/00420/B - Conversion of former coach house into residential accommodation - approved. o PA 91/01459/B - Alteration and extensions - approved. o PA 94/01401/B - Provision of accommodation associated with 97 Woodbourne Road to create private dwelling - approved. o PA 04/01600/B - Demolish existing garage and erection of replacement garage - approved.
6.0 REPRESENTATION Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' (18 February 2022/17 March 2022).
6.2 No comments have been received from Douglas Borough Council on the application although they were consulted on 10 February 2022.
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The conservatory and garage are not registered however the Town and Country Planning Act 1999 requires that registered building consent be required for demolitions in Conservation Areas to safeguard the character and appearance of the areas (minded that some demolition work is not considered to constitute development needing an application). Therefore, the fundamental issue here is whether the existing conservatory which is well confined within the site, as well as the garage which fronts onto Woodbourne Road Lane (which is a rear lane) would be detrimental to the overall character and appearance of the street scene and wider Conservation Area.
7.2 The general presumption as stipulated by EP 39 will usually be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. In this case, the existing garage which has a flat roof construction and is joined to the boundary wall of the neighbouring property do not contribute much to the character of the area, given its location along a rear lane that is mainly used as a service lane and not given priority as evidenced in the attention given to developments at the rear of the properties here; which do little in contributing to the character of the area. The conservatory on its part is also well concealed within the site with only its lean to section which forms part of the boundary wall noticeable when passing through the lane. These structures are not of historical or architectural interest or merit and their removal would not harm the character or appearance of the Conservation Area, regardless of whether the proposed new development takes their place.
7.3 On the balance, it is considered that the loss of the conservatory and garage would not have unacceptable impacts on the character and appearance of the Woodbourne Road Conservation Area and their demolition may be regarded as an enhancement, in accordance with Environment Policies 35 and 39.
8.0 CONCLUSION
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8.1 The proposed works are considered to have an acceptable impact on the wider Conservation Area and to accord with Environment Policies 35 and 39, and Planning Policy Statement 1/01.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons: o The applicant, or if there is one, the applicant's agent; o Manx National Heritage, and o The local authority in whose district the land the subject of the application is situated.
9.2 The Decision maker must determine 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 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 : 11.04.2022
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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