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19/00204/CON Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00204/CON Applicant : Empire Garages Ltd Proposal : Registered Building consent for the demolition elements relating the application 19/00203/B Site Address : 4 Garages And Car Compound Stanley Road Peel Isle Of Man IM5 1NY
Principal Planner: Miss S E Corlett Photo Taken : 10.04.2019 Site Visit : 10.04.2019 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 18.07.2019 __
Reasons for Approval
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.
C 2. Upon demolition of the existing buildings on Stanley Road, the site must be cleared and made level with a consistent surface, or as otherwise approved in writing by the Department and all demolition materials must be removed with any sandstone salvaged in the interests of historical importance. This must be undertaken within 56 days of the commencement of demolition unless works for the redevelopment of the site have commenced within this time.
Reason: in the interests of the appearance and character of the Conservation Area.
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Interested Person Status - Additional Persons
It is recommended that the none of the contributors who have written in on the application, including Manx National Heritage and Peel Heritage Trust should be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4) as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
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19/00204/CON Page 2 of 8
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE DIRECTION OF THE HEAD OF DEVELOPMENT MANAGEMENT
THE SITE 1.1 The application site is an area of land which sits to the rear of Stanley Road and to the east of Cross Street in the heart of Peel and within its Conservation Area. The site accommodates a number of buildings, three garage buildings which front onto Stanley Road and further garaging within the site.
1.2 The building on the corner of Cross Street and Stanley Road is a pitched roofed industrial style building with a rendered frontage onto Stanley Road, incorporating a large vehicular opening and doors and a pedestrian door and window alongside. This building extends along the side of Cross Street in brick and sandstone. The roof is finished in corrugated sheeting.
1.2 The next building up is a brick, pitched roofed garage whose ridge runs parallel with Stanley Road, at right angles to that of the building alongside. This too has a vehicular entrance with timber sliding doors fronting onto Stanley Road.
1.3 The highest building within the site fronting onto Stanley Road is a two storey office building associated with the garages alongside. This is part dashed render and part brick finish with a pedestrian door and windows.
1.4 The Cross Street frontage is formed by the gable of the lowest garage building and a sandstone wall with fencing above. The land within the site rises considerably above the height of the roadside wall. Vehicular access is available through an opening at the higher end of Cross Street, to the rear of 21 and 23, Christian Street. There is a single garage set back from Cross Street, between the rear of these properties and the site.
1.5 The rear of the site at this point is bounded by the garage and the rear of numbers 21-25, Christian Street and 27-33 Stanley Terrace (all odd numbers only), with a pedestrian lane separating them from the site. 21-25 are two storey as is 33 but 27, 29 and 31 are taller two storey dwellings. The eastern side of the site backs onto 35-39, Christian Street. Further along Stanley Road are two storey houses set above the level of the road with small, walled front gardens. Further down Stanley Road is a terrace of three storey cottages, all stepped in height to reflect the falling level of the road. These do not have front gardens. The houses in Stanley Road have a combination of finishes, some dashed render, some stone and some plain, painted render.
THE PROPOSAL 2.1 There are current applications which propose the redevelopment of this site together with other land at the lower end of Stanley Road - 10/00199/B, 19/00201/B and 19/00203/B together with the associated applications for Registered Building consent for the elements of demolition - 19/00200/CON and 19/00202/CON. Registered Building consent is required for demolition within a Conservation Area under Section 19(3) of the Town and Country Planning Act 1999. The applications for RB consent are therefore concerned only with the impact of the demolition works on the character and appearance of the Conservation Area and not with any aspect of the redevelopment proposals.
2.2 Proposed here is the demolition of all of the structures within the site listed in paragraphs 1.1 - 1.3 above including the sandstone boundary wall adjacent to Cross Street.
PLANNING POLICY Peel Local Plan 1989
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19/00204/CON Page 3 of 8
3.1 The site lies within an area of Mixed Use, reflecting the variety of uses in the area - industrial retail, residential and tourism. The site is also within the town's Conservation Area which was adopted in 1990.
3.2 The Peel Local Plan identifies that the town has "special characteristics" (paragraph 1.1) and the town plan aims to satisfy these characteristics and to meet its changing needs, stimulating and encouraging development where appropriate and to give a clear locational reference to national policies on development, change of use and conservation. The Plan includes reference to the need to closely control changes to existing retail units to ensure that original features which contribute significantly to the character of the old town are not lost (paragraph 2.5) and that no fixed guidelines on the retail zoning should be adopted given the sensitive nature and originality of the old town's fabric and its status as a Conservation Area (paragraph 2.3).
3.3 The plan refers to additional residential accommodation in the town as being a priority (paragraph 5.1).
3.4 The plan encourages "positive schemes of action" to enhance the character of the area (paragraphs 9.2 and 9.15) and identifies the importance of vacant and derelict buildings and what future they have to the town (9.4v), but noting that "demolition of even a single building which in itself may not be of architectural or historic significance and therefore not registered, and its replacement by a new building could prejudice the character or appearance of a Conservation Area" (paragraph 9.5). It continues, "If the development of a site following demolition were to be approved, the prospective developer should be aware that close attention would be paid to the design, location and massing of a replacement building" (paragraph 9.6). It states that, "Any new building will only be encouraged if it conforms to high standards of design and it respects the scale and character of its surroundings" (paragraph 9.17).
Strategic Plan 2016 3.5 As the site lies within a Conservation Area, Environment Policies 30, 35 and 39 are applicable:
Environment Policy 30: There will be a general presumption against demolition of a Registered Building. In considering proposals for demolition or proposed works which would result in substantial demolition of a Registered Building, 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 value derived from its continued use (based on consistent long-term assumptions); o the adequacy of efforts made to retain the building in use; and o the merits of alternative proposals for the site.
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.
Environment Policy 39: "The general presumption will in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area."
Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man 3.6 Unlike the Strategic Plan, this document has specific guidance on demolition in Conservation Areas as follows:
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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.
PLANNING HISTORY 4.1 Alterations to the existing sales office on Stanley Road (88/01463/B and 88/01530/D) neither of which are relevant to the consideration of the current application to demolish the buildings on the site.
4.2 There have been other redevelopments in the immediate area, particularly relevant is the redevelopment of the building on the corner of Stanley Mount and Cross Street and the site immediately alongside on Stanley Mount. 14/00421/B and 05/01016/B granted approval to redevelopment of these plots for residential purposes.
REPRESENTATIONS 5.1 Highway Services have no highway interest in this application (19.03.19).
5.2 Peel Town Commissioners make no comments on this application but have commented on the other proposals lists above in 2.1.
5.3 Manx National Heritage recommend that this application is refused as the submission makes incorrect conclusions that the proposed demolition has no adverse impact on the character and appearance of the Conservation Area or the historical importance of the Conservation Area, contrary to EP 39 and PPS 1/01 CA/6 in that the sandstone wall running alonside Cross Street is a significant survival of traditional walling using local sandstone which is highly characteristic of Peel and the removal of this will cause serious and regrettable harm to the character and appearance of the CA. Professional assessment of the significance of this historic structure should be undertaken to ascertain whether the wall is of such historical or other importance as would justify refusal of the application for its demolition. In addition, they recommend that the open area has potential for undisturbed archaeoloigcal remains on what would have been attractive ground during prehistoric and medieval times and an archaeological watching brief at the applicant's expense would be justified. Finally, the proposal contains no ecological
5.4 Peel Heritage Trust express concern at the proposed new buildings but make no specific comment on the loss of an existing features through demolition as proposed on the site (28.03.19).
5.5 The owners of the following properties have made comments on the demolition, objecting to the loss of the sandstone wall which runs along the eastern side of Cross Street which should be retained as an historic feature with many in the town having been lost
30, Stanley Road (23.03.19)
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20, Stanley Road (38.03.19) 5, Stanley Mount (29.03.19) 26, Stanley Road (02.04.19) 22, Stanley Road (02.04.19) 39, Stanley Terrace (03.04.19 and 04.04.19) 24, Stanley Road (04.04.19) 9, Stanley Road (04.04.19) 16, Stanley Road (04.04.19) 6, Circular Road (06.04.19)
The owners of a number of properties in the area have submitted comments, many of which relate to the proposed building on this and other sites and certain demolition elements relating to the other two sites, not the demolition elements which are the subject of this application. These properties which should be taken as being within Peel unless otherwise indicated - are as follows:
33, Stanley Terrace (18.03.19). 25, Bridge Street (21.03.19 and 22.03.19) 30, Stanley Road (22.03.19) Mullen Beg, Patrick (26.03.19) 6, Stanley Mount (undated but received on 26.03.19) 24, Circular Road (two letters both dated 25.03.19) 3, Stanley Road (27.03.19) 7, Victoria Terrace (27.03.19) 31, Stanley Terrace (two undated letters received on 27.03.19) 37, Stanley Terrace (30.03.19 and 05.04.19) 18, Stanley Mount (undated but received on 02.04.19) 31, Shore Road (30.03.19) 5, Stanley Mount (28.03.19) Westholme, Kirk Michael (29.03.19) 8, Gib Lane (30.03.19) 13, Rockmount Road (29.03.19) 5, Stanley Road (two letters both dated 31.03.19) 32, Stanley Road (28.03.19) 21, Queen's Drive (29.03.19) 34, Stanley Road (29.03.19) 60, Patrick Street (01.04.19) 17, Stanley Road (30.03.19) 17, Circular Road (31.03.19) 6, Stanley Road (03.04.19) 40, Stanley Road (02.04.19) 24, Bridge Street (02.04.19) 5, Circular Road (undated but received on 03.04.19) Thie ny Schoill, Derby Road (03.04.19) 35, Stanley Terrace (03.04.19) Garden Flat, 4, Marine Parade (03.04.19) 13, Stanley Road (02.04.19) 4, Stanley Road (03.04.19) 23, Christian Street (02.04.19) Albany House, Albany Road (04.04.19) The Old Chapel, Patrick, owner of an office on Gib Lane (05.04.19) 14, Stanley Mount (05.04.19) 14, Bridge Street (06.04.19) 19, Stanley Road (05.04.19) 40, Stanley Road (02.04.19) 16, Queen's Terrace (05.05.19)
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9A, Stanley Road (05.04.19) 14, Stanley Road (05.05.19) 12, Stanley Road (05.04.19) Reayrt ny Keylley (05.04.19) Tim Crookall MLC (13.04.19)
ASSESSMENT 6.1 The single issue here is whether the demolition of the existing buildings would result in any adverse impact on the character or appearance of the Conservation Area.
6.2 All of the buildings in question here are relatively modern additions to the town and none has any positive attributes which would result in any opposition to their removal. Whilst the structural integrity of the surrounding buildings and land may well be of concern to those living around the site, there are other procedures vested in other legislation and authorities, in particular Section 26 of the Building Control Act 1991.
6.3 The only element of age and interest is the sandstone wall which abuts the site along Cross Street.
CONCLUSION 7.1 The demolition of the structures fronting Stanley Road are considered to result in an enhancement of the Conservation Area, whether or not the site is redeveloped and the application is supported. It is important that conditions are attached which require that the site is left in an acceptable condition following the demolition of the existing structures such that the appearance of the Conservation Area is not adversely affected should redevelopment of the site not be implemented immediately.
INTERESTED PERSON STATUS 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.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...Refused... Committee Meeting Date:...12.08.2019
Signed :...S CORLETT... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 12.08.2019
Application No. :
19/00204/CON Applicant : Empire Garages Ltd Proposal : Registered Building consent for the demolition elements relating the application 19/00203/B Site Address : 4 Garages And Car Compound Stanley Road Peel Isle Of Man IM5 1NY
Principal Planner : Miss S E Corlett Presenting Officer As above
Addendum to the Officer’s Report
The Planning Committee refused the application at its meeting of 12th August, 2019 for the following reason:
In the absence of an acceptable scheme for redevelopment of the site, it has not been demonstrated that the removal of the sandstone wall, which is also inextricably linked to the other buildings on the site, would result in an enhancement of the Conservation Area, contrary to Environment Policy 35 and Planning Policy Statement 1/01 Policy CA/6.
Reason for Refusal
R 1. In the absence of an acceptable scheme for redevelopment of the site, it has not been demonstrated that the removal of the sandstone wall, which is also inextricably linked to the other buildings on the site, would result in an enhancement of the Conservation Area, contrary to Environment Policy 35 and Planning Policy Statement 1/01 Policy CA/6.
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