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22/01202/CON Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01202/CON Applicant : Mr Ben Quayle Proposal : Registered Building consent for demolition elements to PA 22/01095/B Site Address : Peveril Building Peveril Square Douglas Isle Of Man IM1 2BS
Technical Officer: Mr Thomas Sinden Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.10.2022 __
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 proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the proposals preserve the character of the conservation area. The application also meets the tests of strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved. The application is therefore judged to be acceptable.
Plans/Drawings/Information;
This decision relates to drawing 100 and the other information submitted on 9th September 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.
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Officer’s Report
1.0 THE SITE
1.1 The site is a section of stone wall at the rear of Peveril Building, Peveril Square in Douglas. The site is within the Douglas Promenades Conservation Area. Although now the rear yard area of a large office building, this area of Douglas is sometimes still referred to as 'The Fort'; a reference to the stone built circular fort built in the 1500s during the reign of Henry VIII to protect the harbour from the threat posed by continental enemies. There is no evidence of the fort's existence in the area today beyond a few forlorn street names.
2.0 THE PROPOSAL
2.1 This application seeks registered building consent to demolish a nine metre long section of stone wall.
3.0 PLANNING POLICY
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 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 Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
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.
4.0 PLANNING HISTORY
4.1 There are numerous applications on the office building itself, however given the very limited scope of this application, these are not judged relevant.
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5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Douglas Borough Council have stated that they have no objections to the application (7.10.2022).
5.2 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application. (12.10.2022).
6.0 ASSESSMENT
6.1 The issue here is whether the proposals would preserve or enhance the special character of the Douglas Promenades Conservation Area.
6.2 The application proposes to demolish a section of stone wall in the rear yard of a modern office building. The section of wall is surrounded by modern plant equipment and is not visible from any viewpoint other than the yard itself. Given the extremely modest scope of the proposals, and the fact that the wall is not visible from any public thoroughfare, it is judged that the proposed demolition would have not detrimental impact on the character of the conservation area.
7.0 CONCLUSION
7.1 It is judged that the proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the conservation area is being preserved. It is also judged that the application meets the tests of strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved. It is therefore recommended that the application be approved.
8.0 INTERESTED PERSONS 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) Manx National Heritage; and (c) 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: 25.10.2022
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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