Loading document...
==== PAGE 1 ====
22/00734/CON Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00734/CON Applicant : Petrolink International Ltd Proposal : Registered Building Consent for demolition elements to PA 22/00570/B Site Address : 25 Market Street Douglas Isle Of Man IM1 2PA
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.07.2022 __
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. It is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan and Conservation Areas of Planning Policy Statement 1/01.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawing all received on 31.05.2022
__
Interested Person Status - Additional Persons
DOI Highways have not identified land that they own that would be impacted on by the proposal and therefore should not be afforded IPS. __
==== PAGE 2 ====
22/00734/CON Page 2 of 5
Officer’s Report
1.0 SITE 1.1 The application site is a property 25 Market Street, Douglas which is a two storey detached building which accommodates garaging at ground floor level and office/store at first floor. There are two neighbouring buildings Nr 23 and 27 to either side of the building which are similar in design, but slightly taller. The unit is used in association with 7 Mount Pleasant which is to the west of the site, albeit set a considerable level above.
2.0 PLANNING POLICIES 2.1 The application site is within an area of Mixed Use Proposal Area - Strand Street and Proposed Comprehensive Treatment Areas 2 under the Area Plan for the East 2020. The application building and site are located 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."
2.4 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."
2.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man.
2.6 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".
==== PAGE 3 ====
22/00734/CON Page 3 of 5
2.7 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."
2.8 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 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
==== PAGE 4 ====
22/00734/CON Page 4 of 5
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."
3.0 PLANNING HISTORY 3.1 There are no previous planning applications associated with this site which are considered relevant in the assessment and determination of this application.
4.0 PROPOSAL 4.1 The application seeks approval for the Registered Building Consent for demolition elements to PA 22/00570/B.
5.0 REPRESENTATIONS 5.1 Highway Services do not object (17.06.2022) making the following comments: "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that highway licences may be necessary for use of the highway during works for equipment and materials."
6.0 ASSESSMENT
6.1 The main issue to be considered in the assessment of this application is whether the existing building should be retained as its makes a positive contribution to the character or appearance of the Conservation Area.
6.2 The loss of existing building would be acceptable as it is not considered to have a special character upon the Conservation Area. Therefore in relation to the demolition of this building, there are no concerns as it is considered the merits of the proposals are beneficial within Conservation Area.
7.0 CONCLUSION 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan and Conservation Areas of Planning Policy Statement 1/01 therefore it is recommended that the application be approved.
7.2 The application is recommended for an approval.
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. __
==== PAGE 5 ====
22/00734/CON Page 5 of 5
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 : 12.07.2022
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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.
Copyright in submitted documents remains with their authors. Request removal