DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01132/CON Applicant: Harbour Quay Limited Proposal: Registered Building consent for demolition elements to PA 22/01131/B Site Address: 15 Bank Street Castletown Isle Of Man IM9 1AT Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 04.10.2022

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 application meets the statutory tests within Section 18 of the Town and Country Planning Act 1999 as the special character of the conservation area is being preserved. The application also meets the tests within Strategic Policy 4 and Environment Policy 35 as the conservation area is being preserved and protected. The application is therefore judged to be acceptable.

Plans/Drawings/Information;

This decision relates to drawings 7/718/2A, 7/718/4, 7/718/6 and 7/718/7, together with the other supporting information submitted on 31.8.2022.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the Department of Infrastructure Highways Division should not be awarded Interested Party Status as their comments do not meet the tests within paragraph 2 of the Policy.

_____________________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The application site is 15 Bank Street, Castletown. The property is a three storey pitched roof dwelling with a two storey rear outrigger and an enclosed rear yard. The property is within the Castletown Conservation Area.

2.0 THE PROPOSAL - 2.1 The application seeks registered building consent to demolish the existing two storey pitched roof outrigger. Concurrent application 22/01131/B proposes to replace the existing outrigger with a two storey flat room extension.

- 3.0 PLANNING POLICIES - 3.1 TOWN AND COUNTRY PLANNING ACT 1999

S18 Designation of conservation areas

(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.

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

Strategic Policy 4: 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;

• Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• 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.

- 3.3 PLANNING POLICY STATEMENT 1/01

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.

4.0 PLANNING HISTORY - 4.1 Planning application 02/02570/B permitted replacement windows at the rear of the property, whilst refusing replacement windows at the front and side. Application 15/00654/B approved replacement windows on all elevations of the property.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Department's website. This report contains summaries only.

6.1 The Department of Infrastructure Highways Division state that there is no highways interest. (15.09.2022).

7.0 ASSESSMENT - 7.1 The issue with the application is the impact on the special character of the conservation area. - 7.2 The proposed extension would be sited within the property's enclosed rear yard/garden. A site visit has shown that the rear yard/garden and the existing outrigger are not visible from any public viewpoint in the surrounding streets and alleyways. With this in mind, it is judged that the proposals would have no adverse impact on the special character of the conservation area.

8.0 CONCLUSION - 8.1 The application is judged to meet the statutory tests within Section 18 of the Town and Country Planning Act 1999 as the special character of the conservation area is being preserved. The application is also judged to meet the tests within Strategic Policy 4 and Environment Policy 35 as the conservation area is being preserved and protected. It is therefore recommended that the application be approved.

9.0 INTERESTED PERSON STATUS - 9.1 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) Manx National Heritage; and
• (c) The local authority in whose district the land the subject of the application is situated

• 9.2. 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: 06.10.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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