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Application No.: 24/00275/CON Applicant: Core Building And Renovation Ltd Proposal: Registered Building consent for demolition elements to PA 24/00036/B (retrospective) Site Address: Shop 8 Prospect Terrace Woodbourne Road Douglas Isle Of Man IM1 3AL Planning Officer: Vanessa Porter Recommended Decision: Permitted Date of Recommendation: 09.04.2024
C : Conditions for approval N : Notes attached to conditions This application has been recommended for approval for the following reason.
The proposal meets the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the Conservation Area is being preserved. It is also judged that the application meets the tests of Strategic Policy 4 and Environment Policy 35 of the IOM Strategic Plan 2016 as the Conservation Area is being protected and preserved. It is therefore judged that the application is acceptable.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 5th March 2024;
Additional Persons None
_______________________________________________________________ Officer’s Report
1.1 The application site is within the curtilage of 8 Prospect Terrace which is a 4 storey midterrace property situated to the East of Prospect Terrace The property used to comprise of a takeaway at ground floor with a single apartment laid out across the additional 3 floors. The front elevation used to be fairly traditional, partially glazed shop front at ground-floor level complete with stall risers, sash windows with glazing bars at first and second floor levels intersected by colonnades on the front. THE PROPOSAL - 2.1 This application is entwined with PA24/00036/B, which was works comprising of the below elements; "2.1 The current planning application seeks retrospective approval for the replacement of the whole of the shopfront with aluminium glazed shop front."
2.2 Registered Building Consent is now sought for the demolition of the front ground floor elevation. PLANNING HISTORY - 3.1 There are two previous applications which are relevant to this application, PA23/00464/B & PA24/00036/B.
3.2 PA23/00464/B was for "Subdivision of single flat to 2 no. flats including erection of a rear access staircase and replacement rear extension. Installation of replacement windows and resiting of shopfront" which was permitted
3.3 PA24/00036/B was for "Installation of replacement shopfront (retrospective)" which was permitted. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" under the Area Plan for the East, Map 4 - Douglas. The site isn't within a Flood Risk Zone but is within a Conservation Area. Given the nature of the application being for RB consent works in relation to PA24/00036/B it is most relevant to focus on those policies which relate specifically to demolition works within a Conservation Area and Heritage policies referenced in PPS 1/01.
4.2 The Strategic Policies which are the most applicable to this application are Strategic Policy 4 which seeks to protect or enhance Conservation Areas, Environment Policy 35 which seeks that the character and quality of the Conservation Area is protected against inappropriate development, Environment Policy 39 in connection with Paragraph 7.32.2 which seeks to retain building which make a positive contribution to the character or appearance of the Conservation Area. - 4.3 With regards to the Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man, the most relevant policy is CA/6.
REPRESENTATIONS 5.1 The following representations can be seen online in full;
5.2 No comments have been received from Highway Services at the time of writing this report.
5.3 Douglas Borough Council have considered the proposal and state no objections. (27.03.24) ASSESSMENT - 6.1 Whilst the property is not registered, the Town and Country Planning Act 1999 requires that demolitions in Conservations Areas have registered building consent to safeguard the character and appearance of the surrounding area. Therefore the key considerations in this
6.3 Overall it is judged that the proposed demolition preserves the special character, fabric and setting of the Conservation Area as it does not include the removal of any historic elements. CONCLUSION - 7.1 It is judged that the proposal complies with sections 16 and 18 of the Town and Country Planning Act 1999, as the historic character of the building and setting of the conservation area are being preserved. It is also judged that the application meets the tests of strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 and the requirements within PPS 1/01 as the fabric and setting of the conservation area is being protected and preserved. It is therefore recommended that the application be approved.
7.2 No time condition is required as it is retrospective. INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons:
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 the Acting Head of Development Management 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 : Permitted Date : 12.04.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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