193236

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                                      24/00376/CON                                     Page  1  of  6

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00376/CON Applicant : Mr John Patrick O'Sullivan Proposal : Registered Building Consent for demolition elements to 24/00321/B (retrospective) Site Address : Windmill Cottage Windmill Terrace Kirk Michael Isle Of Man IM6 1ES

Principal Planning Officer: Belinda Fettis Photo Taken : 08.05.2024 Site Visit : 08.05.2024 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 17.05.2024 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. The application seeks retrospective approval for 'demolition elements to 24/00321/B (Erection of garage (retrospective). Details of the demolition elements are not provided but have been assessed as seen; Loss of the low small brick walled enclosures on the land and outside the dwellinghouse individually and cumulatively cause harm to the Kirk Michael Conservation Area. In applying great weight to the preservation and enhancement of Conservation Areas and having regard to Section 18(4) of the Town and Country Act (1999) it is considered that due to the location, away from the main thoroughfare, the loss of the walls causes harm to the Kirk Michael Conservation Area and there is no public benefit observed to counter the harm.

By virtue of the above conclusion the proposal does not accord with General Policy 2, and Environment Policy 35 of the Isle of Man Strategic Plan 2016 nor the Residential Design Guide July 2021. Therefore the application is recommend for refusal.

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Interested Person Status - Additional Persons

None __

Officer’s Report

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1. THE SITE

1.1. The application site is an area of land in Kirk Michael opposite a pair of cottages, Windmill Cottage and Lezayre Cottage. Historically the land appears to have been garden allotment land for the cottages with no buildings upon it. At the time of the site visit the 'garage' building had been completed on site and the land associated with Lezayre Cottage was being used for storage of a trailer and motorised water vehicle/boat.

1.2. The site lies within the village of Kirk Michael and is accessed via an un-adopted track leading off Main Road, the A3 through Kirk Michael. The site is associated with and opposite Windmill Cottage. Adjacent to the north there is vegetation, to the west land associated with Lezayre Cottage and an electricity sub-station to the east. The land is separated from Windmill Cottage by the access track. The access track is shared

1.3. The site is within a Conservation Area and the setting of two Registered Buildings.

THE PROPOSAL

2.1. This application seeks retrospective approval for 'demolition elements to 24/00321/B (Erection of garage (retrospective); the application does not state the demolition elements. The application is made in association with Planning Application no. 24/00321/B for retention of the 'garage', metal frame building constructed on site.

REPRESENTATIONS

3.1. Highways Drainage Comments: (15.04.2024) The applicant should be made aware that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

3.2. Michael Village Commissioners: (18.04.2024) Concerned about the size and visual impact of the building on the Conservation Area and residents. Accept it is close to the industrial estate but it is not in keeping with the buildings nearby. Had a planning application been submitted prior to construction an objection would have been submitted. (Noted that the content references application no.24/00321/B but is submitted under the heading of 24/00376/CON, this application, and is therefore considered as the response to this application.)

3.3. NEIGHBOUR OWNER / OCCUPPIER 3.3.1. OBJECTION: Relationship to site -Immediately adjacent to the site Owner /Occupier - Kelly's Industrial Estate at the end of Windmill Terrace and sharing the access track. 3.3.2. The height and size of the building makes it visible from the main road within the conservation area. 3.3.3. The building has a detrimental impact on the health and wellbeing of some of the residents whose views have changed from gardens to a tall and wide wall.

POLICY

4.1. The land is within an area designated by the Local Plan of 1994 for Kirk Michael as being Predominantly Residential (1) and abuts land designated as Predominantly Industrial (8). It is not a registered building but it is within the Kirk Michael Conservation Area (2006).

4.2. The site is within the proposed area plan for the North and West. It must be noted that at the time of writing, the draft area plan for the North and West is not formally adopted and is only, at this stage, a broad direction of how planning policy is reviewing the areas. Their proposals can still be challenged at a public enquiry where an inspector could reach a different

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                                      24/00376/CON                                     Page  3  of  6

opinion to the drafts. The final draft would also need to be ratified by COMIN. This means that the 1994 Local Plan remains the correct land use designation and no material weight is given to the draft area plan for the North and West.

4.3. The Isle of Man Strategic Plan 2016 the following are considered relevant in assessing this application.

4.4. Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.

4.5. Strategic Policy 4(a) requires development to protect or enhance the fabric and setting of Registered Buildings and Conservation Areas.

4.6. Strategic Policy 3(b) requires development to have regard in design to the use of local materials and character.

4.7. General Policy 2 of the Strategic Plan requires 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: 4.7.1. (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; 4.7.2. (c) does not affect adversely the character of the surrounding landscape or townscape; and 4.7.3. (g) does not affect adversely the amenity of local residents or the character of the locality.

4.8. Environment Policy 35, Planning Policy Statement 1/01, State that 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.

Legislation 5.1. Section 18(4) of the Town and Country Planning Act (1999) states, "(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".

ASSESSMENT

6.1. The consideration to made in this assessment is the impact upon the character of the site and its' setting against the relevant Policies, and apply the test of Section 18(4) before reaching a conclusion.

6.2. Character and Appearance

6.2.1. The Kirk Michael Conservation Area Appraisal states that the linear pattern of development in the village has occurred very slowly over time since the 12th Century, originally building out from the location of the Church. The addition of a railway line, loss of the line and continued development has still largely maintained the linear form along Main Road, A3. The historic core of the village features a collection of traditional cottages with typical Manx characteristics. Older buildings abut the highway, later buildings are set back to varying degrees, the majority of buildings having been constructed since the mid-1960s. The site is within the setting of a Registered Building, Greystones. There are two other Registered Buildings nearby, St.Michael's Church and Church View House.

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6.2.2. Prior to construction of the 'garage' metal building the prevailing character of the site was vegetation opposite the pair of semis. There is little in the way of evidence of appearance and the site is not mentioned in the Conservation Area Appraisal, although Kelly's Yard is mentioned as comprising a number of small light industrial units. Google Maps provides a visual of the semis showing 3 large chimney stacks aloft a concrete tiled roof below which the sash window openings are uniform in scale and the façade of the building is stone. The exception to this is the eastern end of the front elevation of Windmill Cottage which appears as a later addition having modern wider windows at ground floor and first floor and rendered wall finish. The semis are set back from the shared access track and the garden boundaries marked by a continuous low brick wall punctuated with two single access gates. Opposite the land is enclosed by mix of a low brick wall with gate access adjacent the shared access track, and vegetation and low timber fencing. The land appears to have a mix of overgrown vegetation and marked out allotment style planting areas. Adjacent to this area is an electricity sub- station.

6.2.3. At the time of the site visit the electricity sub-station remains in place however the low small brick wall in front of Windmill Cottage has been replaced by a slightly higher breeze block wall with a wide opening similar to that used for a driveway access. The previous garden area is now hard standing finished with slate coloured chippings. The land opposite is used for the storage of a boat trailer and the 'garage' metal building has been constructed upon what appears to be a mix of concrete and chippings base.

6.3. The applicant was contacted via email to ascertain the condition of the site prior to construction of the 'garage' metal building and a photograph was provided. The applicant stated that the photograph was as in the sales particulars when purchased. At the time of writing this report, the site is being advertised for sale. The garden area shows a mix of concrete apron and surface without the chippings, and the 'garage' metal building. (https://www.zoopla.co.uk/for- sale/details/66906261/?search_identifier=bba48d8c9cb3f4b4868575dd9f090f2e6664568e312cf ce13100090797462a66) The applicant has submitted site photographs including before images extracted from Google Maps and a photograph via email prior to the 'garage' building being constructed.

6.4. The application does not state exactly the demolition elements however from the submitted information it appears that the wall and low timber fencing was removed prior to the construction of the 'garage' metal building. Had the features been in place, retention would have been sought or at least some reference to the retain some of the character of the site. The low small brick wall in front of Windmill Cottage was of its period and in keeping with the light industrial setting of the cottages with concrete tiles. Breeze blocks are however not in keeping and had an application been sought breeze blocks painted would or bare would not be acceptable. Therefore it is considered that the loss of the walls causes harm to the site and setting.

6.5. In applying Section 18(4) of the Town and Country Planning Act (1999) (4) special attention has been paid to the desirability of preserving or enhancing the character or appearance of the land. In applying great weight to the protection and or enhancement of the Kirk Michael Conservation Area, it is considered that the loss of the low walls and open area opposite the cottages has caused a negative impact upon the Conservation Area. The new wall is mostly obscured from views within the setting of the Registered Building, Greystones when viewed from Main Road. However when viewed from the top of the access track the new wall is in view of the setting of the Registered Building and as such causes some harm. The alterations appear to have been made to facilitate parking and the construction of the 'garage' metal building which does cause adverse harm to the setting of the Registered Building.

6.6. The developments with the application site neither protects nor enhances the site within the Kirk Michael Conservation Area.

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6.7. In applying great weight to the preservation and enhancement of Conservation Areas, having regard to Section 18(4) of the Town and Country Act (1999) to preserve and enhance assets, in conjunction with the Isle of Man Strategic Plan 2016 Policies Environment Policy 35 General Policy 2 the alterations accord with neither and so fail the test to preserve and enhance.

Planning Balance

7.1. The applicant states that pre-application advice was sought regarding construction of a garage however there is no mention of the alteration or removal of walls. The application site is not within the curtilage of the dwellinghouse and therefore permitted development rights would not apply. However it is observed that because of the material and finish of the wall in front of Windmill Cottage it would not be permitted development as laid out in the Town and Country Planning (Permitted Development) Order 2012.

7.2. The above are relevant considerations as part of the loss of walls within the Conservation Area and the cumulative impact. Had an application been submitted prior to removal some part of removal might have been acceptable but with the condition of a more appropriate finish.

CONCLUSION

8.1. The application seeks retrospective approval for 'demolition elements to 24/00321/B (Erection of garage (retrospective). Details of the demolition elements are not provided but have been assessed as seen. : Loss of the low small brick walls, on the land and outside the dwellinghouse that is partly replaced with breeze block, individually and cumulatively cause harm to the Kirk Michael Conservation Area. In applying great weight to the preservation and enhancement of Conservation Areas, having regard to Section 18(4) of the Town and Country Act (1999) it is considered that due to the location, away from the main thoroughfare, the loss of the walls causes slight harm to the Kirk Michael Conservation Area and there is no public benefit observed to counter the harm.

8.2. By virtue of the above conclusion the proposal does not accord with General Policy 2, and Environment Policy 35 of the Isle of Man Strategic Plan 2016 nor the Residential Design Guide July 2021. Therefore the application is recommend for refusal.

INTERESTED PERSON STATUS

9.1 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) 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

9.2 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. __

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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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Refused Date: 22.05.2024

Determining officer Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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