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                                      23/01307/CON                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/01307/CON Applicant : Mr Ian Saunders Proposal : RB consent for the demolition of wall between the front garden and side access lane as approved in PA22/00323/B Site Address : 2 Strathallan Crescent Douglas Isle Of Man IM2 4NR

Technical Officer: Mr Thomas Sinden Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 18.12.2023 __

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 proposal meets 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 Conservation Area is being protected and preserved. It is therefore judged that the application is acceptable.

Plans/Drawings/Information; This decision relates to drawings 101 and 220-A, together with the other information all received on 6.11.2023. __

Interested Person Status - Additional Persons

None __

Officer’s Report

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                                      23/01307/CON                                     Page  2  of  4

1.0 THE SITE 1.1 No 2 Strathallan Crescent sits to the northern side of King Edward Road and Douglas Promenade, within the Douglas Promenades Conservation Area. A traditional two storey semi- detached property with a garden and mature hedgerow to front. To the southwest is No 1 an adjoining property and to the northeast is a service lane running between the application site and No 3. This provides a vehicle and pedestrian access for use by residents.

2.0 THE PROPOSAL 2.1 This application seeks registered building consent to demolish the front garden and side access lane. The works were granted planning approval at appeal under PA 22/00323/B.

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 Reference Number: 23/10091/AIR Status: Permitted Proposal: Information in relation to condition 2 of PA 22/00323/B for the materials of hard landscaping and demarcation of boundary line.

Reference Number: 22/00323/B Status: Approved at Appeal Proposal: Demolition of wall between access lane, reposition front gate posts and formation of electronic charging car parking bay in the front garden.

Reference Number: 22/00324/CON Status: Refused

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                                      23/01307/CON                                     Page  3  of  4

Proposal: Demolition of wall between access lane, reposition front gate posts and formation of electronic charging car parking bay in the front garden (In association with application 22/00323/B)

Reference Number: 11/01025/B Status: Permitted Proposal: Enlargement of existing balcony, installation of roof lights and creation of a roof terrace over garage

Reference Number: 10/00372/B Status: Permitted Proposal: Installation of replacement windows and creation of a window from existing rear door

Reference Number: 10/00800/B Status: Permitted Proposal: Installation of three roof lights and a sun tunnel

Reference Number: 05/01377/B Status: Permitted on Review Proposal: Erection of a garage

Reference Number: 03/00383/B Status: Permitted Proposal: Repair and re slating of roof

Reference Number: 96/00307/B Status: Permitted Proposal: Replacement uPVC windows, 2, Strathallan Crescent, Queens Promenade, Douglas.

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 (24.11.2023).

6.0 ASSESSMENT 6.1 The principal issues with regard to the application is the impact of the proposed works on the special character of the conservation area.

6.2 Within their planning appeal report for application 22/00323/B, the independent inspector stated the following in paragraph 39: 'Overall, whilst the removal of the wall along the access would alter the character of the access way, that would be set back from the street scene, behind the existing gates and pillars. The rhythm of the street when viewed from the road or pavement would remain. The removal of the wall would not therefore result in any harm to the promenade and Promenades Conservation Area. As the planning authority set out, the front garden could be paved in any event. Thus, there would be no conflict with GP2 or EP35 of the IMSP and it would be in accordance with the guidance set out in Planning Policy Statement 1/01.' As the independent inspector has concluded that there would be no harm to the Promenades Conservation Area, it is considered that the proposals would preserve the special character of the conservation area.

7.0 CONCLUSION 7.1 It is judged that the proposal meets 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

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                                      23/01307/CON                                     Page  4  of  4

also judged that the application meets the tests of strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the 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 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 : 19.12.2023

Determining officer Signed : S BUTLER

Stephen Butler

Head of Development Management

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