Officer Report

Application No.: 18/01162/CON Applicant: Mr Kevin Gadsby Proposal: Registered building consent for alterations, demolition of existing and erection of rear extension and installation of replacement windows (in association with 18/01161/B) Site Address: 28 Stanley Road Peel Isle of Man IM5 1NY Planning Officer: Mr Nick Salt Photo Taken: 22.11.2018 Site Visit: 22.11.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.12.2018 _________________________________________________________________

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.

Plans/Drawings/Information:

This permission relates to the following plans and drawings date stamped received on 2nd November 2018:

• o Site Plan
• o 6/4211/1: Existing and proposed elevations and plans, location plan _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of 28 Stanley Road, Peel. It is a mid-terrace two storey traditional dwelling fronting directly onto Stanley Road, with a narrow yard area to the rear. The site is part of Peel Conservation Area.

1.2 The front of the dwelling features three timber top opening windows, and painted render. The rear features an existing extended kitchen area and shed - both single storey. - 2.0 PROPOSAL

2.0 Proposed is the demolition of the existing rear extension and shed and the erection of a new single storey extension to contain the kitchen. The extension would extend from the rear elevation of the main dwelling by 4m and contain a uPVC lantern on a flat roof. The rear wall of the extension would be painted to match the existing dwelling. - 2.1 As the proposal involves the demolition of the existing rear annex it requires Registered Building Consent, as do any demolition works within a Conservation Area. - 2.2 The only issue of consideration in this Registered Building application is the demolition of the existing annex/extension and shed to the rear of the dwelling in connection with PA 18/01161/B.

- 3.0 PLANNING HISTORY

3.1 No registered building consents have been applied for previously on Stanley Road. - 4.0 PLANNING POLICY

4.1 The site is designated as being within an area zoned as Mixed Use in the Peel Local Plan 1989, and is within Peel Conservation Area.

4.2 General Policy 2 states: "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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.3 Environment Policy 35 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."

4.4 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."

4.5 Environment Policy 39 states: "The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area." - 4.6 Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man):

"POLICY RB/6 DEMOLITION There will be a general presumption against demolition and consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of an historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:-

• o The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces that in an age of rapid change may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair;
• o The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building's condition.

• o The merits of alternative proposals for the site. Subjective claims for the architectural merits
• of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them

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 above, 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."

- 5.0 REPRESENTATIONS

5.1 Highway Services indicate that there is no highway interest in the application (16.11.18). - 6.0 ASSESSMENT

6.1 The main consideration here is whether the demolition of the rear existing extensions is acceptable, having regard to the policies referred to in section 4 which seek to preserve the character of the Conservation Area.

6.2 The extensions cannot be publicly seen due to their position at the rear of the property. As such, their loss is not of significance or concern in this respect. Additionally, their proposed replacement outlined in 18/01162/B would constitute a visual improvement on the rear of the property. - 7.0 CONCLUSION

7.1 The proposal accords with the Strategic Plan and Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man - 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:

• o The applicant, or if there is one, the applicant's agent;
• o The owner and the occupier of any land that is the subject of the application;
• o Manx National Heritage, and
• o 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.

Decision Made : Permitted Date: 17.12.2018 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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