DEC Officer Report

Application No.: 19/00868/CON Applicant: Ms Patricia Whyte Proposal: Registered Building consent for the demolition elements relating the application 19/00867/B Site Address: 10 Woodbourne Villas / 42 Alexander Drive Douglas Isle Of Man IM2 3QG Planning Officer: Mr Nick Salt Photo Taken: 21.08.2019 Site Visit: 21.08.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.09.2019 _________________________________________________________________

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 decision relates to drawing 251-01 (Plans and elevations, site location plans), date stamped received on 1st August 2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage 10 Woodbourne Villas/42 Alexander Drive, a mid-terrace two storey dwelling. The site is within Selbourne Drive Conservation Area. To the rear of the site there is a narrow access lane, with a large vacant plot of land behind. - 1.2 The dwelling itself has a small single storey utility extension and shed with single pitched roof which has been attached to the rear two storey kitchen outrigger.

2.0 PROPOSAL - 2.1 Proposed is a single storey mono-pitch extension along the side and rear of the existing kitchen outrigger on the dwelling. The extension would 'wrap around' the kitchen area and would incorporate the existing utility extension to the rear, replacing the shed adjacent. The extension would have three roof lights on the side section, and a flue protruding from the roof by approximately 4 metres. A new access to the rear would be created via double patio doors. - 2.2 As the site is within Selbourne Drive Conservation Area, the demolition aspects of PA 19/00867/B (removal of the existing shed extension) are the subject of this application for Registered Building Consent.

3.0 PLANNING HISTORY - 3.1 No registered building consents have been applied for previously on the site.

4.0 PLANNING POLICY - 4.1 The site is within an area zoned as Predominantly Residential use as per the Douglas Local Plan 1998. The site is also within Selbourne Drive 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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality."

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 DoI Highways have confirmed that there is no highways interest in the application (16.08.19). - 5.2 Douglas Borough Council have no objection to the application (22.08.19).

6.0 ASSESSMENT 6.1 The main consideration here is whether the demolition of the existing rear lean-to shed is acceptable, having regard to the policies referred to in section 4 which seek to preserve the character of the Conservation Area. The key test is contained within Environment Policy 35 which requires that all development within Conservation Areas must 'preserve or enhance' that area.

6.2 The loss of the small shed is unlikely to be noticeable to many outside of the site itself. The shed was not likely to have been part of the original building and is not of any particular traditional value or significance. it is not regarded as a key feature of the site, street scene or the area and its loss would not cause harm to the wider Conservation Area.

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, it is recommended for approval.

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: 26.09.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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