DEC Officer Report

Application No.: 23/00861/CON Applicant: Miss Jennifer Jones Proposal: Registered Building consent for demolition elements to PA 23/00789/B Site Address: 83 Woodbourne Road Douglas Isle Of Man IM2 3AW Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 22.08.2023

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.

It is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, Section 18(4) of the Town and Country Planning Act (1999) and Section 19 of the 1999 Town and Country Planning Act

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 21.07.2023. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

- 1.0 THE SITE

1.1 The application site is the residential curtilage of 83 Woodbourne Road, Douglas; a detached two storey house, with 1930's appearance, including bay windows, situated on a corner plot with Woodbourne Road to the east and Albany Road to the north. The property current has a driveway off Albany Road. A 2m high Manx stone wall runs around the roadside boundaries of the site.

2.0 THE PROPOSAL - 2.1 The application seeks approval for Registered Building consent for demolition elements to PA 23/00789/B.

3.0 PLANNING STATUS AND POLICY - 3.1 The site lies within an area designated on the Area Plan for the East 2020 as Predominantly Residential. The application site also lies within a Conservation Area. - 3.2 The Strategic Plan contains a policy which seeks the preservation or enhancement of property within a Conservation Area (EP 35). This 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."

3.3 Within Section 7.32 - Demolition in Conservation Areas of the IOMSP, the following text is all relevant and informs Environment Policy 39 (below):

"7.32.1 Under Section 19 of the 1999 Town and Country Planning Act, Conservation Area designation introduces control over the demolition of most buildings within 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."

3.4 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".

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications associated with this site.

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council have no objection (04.08.2023). - 5.2 Highway Services have no objection (28.07.2023).

6.0 ASSESSMENT - 6.1 The main issue to be considered in the assessment of this application is whether the small section of the front wall should be retained as its makes a positive contribution to the character or appearance of the Conservation Area. - 6.2 The loss of a very modest section of part of the front boundary wall is regrettable; however on balance it is not considered not to detract from the special character of the Conservation Area. Therefore in relation to the demolition of this section of the wall, there are no concerns as it is consider the merits of the proposals are beneficial within Conservation Area and the main dwelling house.

7.0 CONCLUSION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, Section 18(4) of the Town and Country Planning Act (1999) and Section 19 of the 1999 Town and Country Planning Act therefore it is 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) 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. - 8.3 In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person.

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: 25.08.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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