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18/00585/LAW Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00585/LAW Applicant : Adrian Darbyshire Proposal : Application to make lawful the installation of a replacement roof Site Address : 2 Lhargan Port St. Mary Isle Of Man IM9 5AR
Principal Planner: Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Certificate of Lawful Use/Devel Approved Date of Recommendation: 09.07.2018 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. Taking into account the evidence supplied by the applicant, it is demonstrated that the roofing works shown in the photographs received on 4th June, 2018 were carried out more than 4 years ago.
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Officer’s Report
THE SITE 1.1 The site is the residential curtilage of an existing end of terrace property which sits on the western side of Lhargan. The property is a two storey traditional Manx cottage which sits slightly lower than that adjoining to the north (number 3). The property was originally finished in painted stonework. The property has been re-finished in smooth render which is now painted a cream colour. The gable and rear elevation of the property was formerly smooth rendered.
1.2 The stonework on the property was random coursed with large stone quoins on each of the corners. Numbers 3, 5 and 9 have more regularly coursed straight edged stonework with raised/strap pointing: number 7 is finished in pebble dash. Both numbers 1 and 9, the outer faces of the terrace, have large stone quoins on the outer corners of the front walling but where that on number 9 is smoother and flatter: the two end properties are not replicas of each other.
THE PROPOSAL 2.1 The applicant is applying for a Certificate of Lawfulness for the installation of a replacement roof finish. The works have been undertaken and comprised the stripping of the roof slates and the re-use of the existing on the front pitch and the introduction of Spanish slate on the rear.
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The existing slates were of a purple hue and the rear catslide roof had the same purple slates on the main pitch with bluer slates on the annex with a clear distinction between the two.
2.2 The completed re-finished roof has a purple slated front pitch and a complete blue slate finish on the rear.
2.3 The application includes a quotation dated 02.12.09 and photographs dated 10.04.10 showing the slates having been stripped from the front pitch with the rear roof in situ and also photographs of the roof completed, dated 17.04.10.
PLANNING POLICY 3.1 The property lies within an area designated on the Area Plan for the South as Predominantly Residential. The site also lies within an area proposed for consideration as a Conservation Area. Within the appraisal which supports the proposed CA status, the application property is referred to as follows:
"There is an older stone-built terrace of several houses at the lower end of the Lhargan which were built prior to 1869."
"Prevalent and Traditional Building Materials, Textures and Colours Due to the phased development of the area proposed to be included within the conservation area, there is no prevalent style of construction. However, the vast majority of properties are built in stone, many having a render coat. Some exposed Manx stone buildings include: the former school; Town Hall; The Lifeboat House; St Mary's Church; Mount Tabor Methodist Chapel, and the former Isle of Man Bank. Several residential properties still retain their natural stonework including: the majority of a terrace of houses at the lower end of the Lhargan; Willow Terrace; other buildings on Shore Road and many properties on Lime Street. Adjacent to Willow Terrace recently completed residential properties have been finished in traditional materials. These harmonise very well with the older neighbouring properties. To the rear of the Post Office is a particularly good example of a Manx stone building.
The later Victorian properties are again usually built in stone and mainly finished in render, which is typically smooth and often painted white or a pastel colours. There are exceptions to the above, particularly in the case of the two landmark corner buildings at the junction of Gellings Avenue and Bay View Road. These are built in red Ruabon brick. The public conveniences on The Quay have a simple Arts and Crafts style and are finished in rough-cast render.
Roof coverings are typically slate, although there is limited use of concrete tiles and man-made asbestos slates. In the area to the rear of High Street extending to Park Road, and between Athol Street and Queen's Road, the remaining industry can be found. A large proportion of the industrial premises have corrugated asbestos roofs."
"Vernacular Architectural Details The oldest remaining buildings which date before 1869 include: cottages on the seaward side of Bay View Road, adjacent to the old school; a terrace of cottages at the lower end of the Lhargan and cottages on Lime Street. Many of these retain their original form and to an extent their exterior appearance in Manx stone. These older residential properties followed the local vernacular style of the period. They are usually built in rough-random stone with broad Manx chimneys at gable ends. The roof is typically shallow pitch, clad in slate that in some cases replaces the original thatch. Windows and door openings have stone lintels and sills and original windows would have been small-pane, timber sashes."
3.2 The proposal should be considered in light of the following Strategic Plan policies:
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18/00585/LAW Page 3 of 4
3.2.1 General Policy 2: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape and (g) does not affect adversely the amenity of local residents or the character of the locality."
3.2.2 Although the site lies within a proposed rather than an adopted CA, it is relevant to consider the 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."
3.2.3 Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man provides guidance on development in CAs, reflecting the requirements in EP 35 above.
"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."
3.2.4 Schedule 4, Part 1 paragraph 3 of Town and Country Planning Act 1999 states that no enforcement notice may be issued in respect of a breach of planning control consisting of the carrying out without planning approval of building operations after the end of a period of 4 years beginning with the date on which the operations were substantially completed.
PLANNING HISTORY 4.1 Planning approval was granted under 02/00593/B for the installation of timber framed sliding sashes and 84/00666/B approved a rear porch. Planning approval was granted for the rendering of the front elevation under 02/02080/B. A concurrent application is presently in the system for retrospective approval for the rendering of the property (18/00584/LAW).
REPRESENTATIONS 5.1 Port St. Mary Commissioners have no objection to the application (03.07.18).
ASSESSMENT 6.1 The information provided demonstrates that the works were undertaken more than 4 years ago.
6.2 It is perhaps irrelevant, but in qualitative terms, the rear elevation is of less importance than the front, as this is neither in its original state through extension, nor visible to the public. In any case, the rear roof pitch has been finished in natural slates which match the colour of many in the vicinity. The front pitch is finished in the original tiles but is difficult to see due to the proximity of the property to the road and the height of the building. What would be seen, were the viewer to be able to see it, is something which matches the original.
CONCLUSION
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7.1 It has been demonstrated that the works were undertaken in excess of 4 years ago and as such the proposal could not be subject to the issue of an enforcement notice under Schedule 4 Section 3a of the Town and Country Planning Act 1999. __
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.
Decision Made : Certificate of Lawful Use/Devel Approved
Date: 09.07.2018
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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