DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00011/CON Applicant: Mr John Thomson Proposal: Registered Building consent for demolition elements to PA 22/01553/Bl. Site Address: Clove Cottage Main Road Kirk Michael Isle Of Man IM6 2HG Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 22.05.2023

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 complies with Sections 16 and 18 of the Town and Country Planning Act 1999, as the historic character of the building and setting of the Conservation Area are 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 and the requirements within PPS 1/01 as the fabric and setting of the Conservation Area is being protected and preserved. The application is therefore judged to be acceptable.

Plans/Drawings/Information;

This approval relates to the documents and drawing no. 100 which was received on 29th December 2022 and drawing no. 200 Rev which was received on 15th May 2023. _______________________________________________________________

Interested Person Status

Additional Persons None

_____________________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of Clove Cottage, Main Road, Kirk Michael, a twostorey detached dwelling located on the southeast of Main Road, between its two junctions with Faaie-Ny-Cabbal. - 1.2 The house consists of a two-storey pitched-roof main building, a single-storey flat-roof porch, a two-storey pitched-roof side extension, a single-storey pitched roof garage at the northeast of the main dwelling and a single-storey near-flat-roof hallway connecting the main building and the garage.

2.0 THE PROPOSAL - 2.1 This application for registered building consent proposes the demolition of the existing garage and hallway. - 2.2 This application relates to PA 22/01553/B, Demolition of existing garage and store, alterations and extension to existing dwelling to form new Kitchen & Living Dining areas.

3.0 PLANNING POLICY - 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

• (3) In considering (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

• 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.

• S19 Control of Demolition in Conservation Areas

(3) A building to which this section applies may not be demolished without the consent of the Department; and accordingly sections 15 and 16 apply to such a building as they apply to a registered building, subject to such modifications as may be prescribed by regulations.

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.

Section 7.32 Demolition in 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

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.

Environment Policy 39: The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area.

3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:-

• o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
• o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
• o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).

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, 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 There is previous applications considered materially relevant to this application.

5.0 REPRESENTATIONS - 5.1 Michael Commissioners has not commented at the time of the report (22.05.2023).

- 6.0 ASSESSMENT

6.1 The pertinent issue to be assessed by this Registered Building Application is the impact of the proposed demolition on the character and appearance of the Conservation Area. - 6.2 Section 19 of the Town and Country Planning Act 1999, concerning the control of demolition in Conservation Areas, states that sections 15 and 16 apply to a building proposed to be demolished in a Conservation Area as they apply to a registered building. Section 16 of the Town and Country Planning Act 1999 requires the Department to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. - 6.3 This registered building application has been submitted in tandem with a planning application for the Demolish existing outbuilding, form new parking area and new vehicular access onto highway. As the elements proposed for demolition does not contribute to the special character of the conservation area, environment policy 39 is not judged to apply. Overall it is judged that the proposed demolition preserves the special character, fabric and setting of the conservation area as it does not include the removal of any historic elements.

7.0 CONCLUSION - 7.1 It is judged that the proposal complies with sections 16 and 18 of the Town and Country Planning Act 1999, as the historic character of the building and setting of the conservation area are 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 and the requirements within PPS 1/01 as the fabric and setting of the conservation area is being protected and preserved. It is therefore recommended that the application 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) 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: 26.05.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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