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24/00428/CON Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00428/CON Applicant : Mr & Mrs David Thomasson Proposal : Demolition of porch, outbuilding, lean-to glass house and sections of the South-West elevation to facilitate elements in planning application 24/00419/B Site Address : 2 Amulree Glen Road Laxey Isle Of Man IM4 7AJ
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.07.2024 __
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.
C 2. Demolition of the porch, outbuilding and sections of the South-West elevation must not be undertaken outside of the bat hibernation period and so should not take place between the 1st of October and the 31st of March in any year.
The applicant must make sure that checks for bats are made around the building prior to any work taking place.
Should bats, or evidence of bats such as staining or bat droppings be found then any other work that has commenced must stop and advice be obtained from the Ecosystem Policy Team on 01624 651577 or the Manx Bat Group Helpline 07624 366177.
Reason: In accordance with good practice to protect habitat in accordance with General Policy 2(d) of the Isle of Man Strategic Plan 2016.
C 3. Demolition shall proceed only in accordance with the measures outlined in the document submitted on the 2nd of July 2024, 'Works within 9m of a watercourse'.
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Reason: For avoidance of doubt and to protect a tributary of the River Laxey in accordance with Environment Policy 7 of the Isle of Man Strategic Plan 2016.
This application has been recommended for approval for the following reason. 1) In applying great weight to the preservation and enhancement of the Laxey Conservation Area, 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 and 39 and, Planning Policy Statement 1/01 it is considered that loss of the lean-to greenhouse and flat roofed outbuilding would not cause undue harm to the Laxey Conservation Area or the character of the dwellinghouse.
In applying great weight to the preservation and enhancement of the Laxey Conservation Area, 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 and 39 and, Planning Policy Statement 1/01 it is considered that loss of the porch would cause harm to the building within the Laxey Conservation Area and less than significant harm to the Laxey Conservation Area provided that either the wall is made good to match the existing elevation or any replacement reflects the character of the porch on the adjacent dwellinghouse or is a clear modern addition.
In weighing up the planning balance it is considered that demolition of sections of the South-West elevation would cause harm due to the loss of the windows. However, taking into consideration the proposed modern extension, that harm would be outweighed by the modern better insulated addition subject to separate permission under 24/00419/B.
Plans/Drawings/Information;
This decision relates to the following detail, plans and drawings received on the 10th of June 2024; o Site & Location Plans, Drawing no.23 1789/01/A
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE
1.1. The site relates to the residential curtilage of a two storey semi-detached dwellinghouse, no.2 Amulree, Glen Road, Laxey. The site comprises outside amenity areas which, along with the entrance door, are accessed via a shared pathway for no.1 and no2 Amulree. Parking is on street. 1.2. The pair of semis are located on the south side of Glen Road between parking areas for recycling and local sports. 1.3. Abutting the site to the south is Laxey River beyond which is an area of mature woodland.
THE PROPOSAL
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2.1. Registered Building Consent is sought for the demolition elements associated with planning application number 24/00419/B; alterations and extension to create additional living accommodation and additional tourist use. o A section of the south east elevation will be removed to facilitate openings in a first floor bedroom and downstairs kitchen diner lounge area. o The existing porch o The existing outbuilding o The existing lean-to glass greenhouse o Sections of the South-West elevation
PLANNING HISTORY
3.1. The only planning history that is considered to be materially relevant to the assessment of this planning application is listed below. 3.1.1. 21/00875/B - Construction of reinforced concrete wall with stone cladding, blockwork rendered masonry walls and soil embankments for the purpose of providing flood protection. Permitted.
PLANNING POLICY
4.1. The site is not a Registered Building nor is it within the setting of a Registered Building. 4.2. There are no protected trees within the site, nor is the site within a root protection area of any protected tree. 4.3. The site is within an area at high risk of flooding from river and surface water. 4.4. On The Area Plan for the East, Map 7, the site is identified as being within an area of mixed use. Paragraph 9.11.2 states that uses which are not compatible with residential development will generally not be supported within the areas of mixed use. 4.5. The site is within the Laxey Conservation Area Map no.6.
4.6. Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application:
4.7. Environment Policy 7 requires development close to a watercourse to take special care to ensure that the development could not cause harm to the watercourse. All water courses in the vicinity of the site must be identified on accompanying plans and include adequate risk assessment demonstrating that the work would not cause deterioration in water quality. Development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species. Development which would cause demonstrable harm to a watercourse which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria: (a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) in order to protect the aquatic and bankside habitats and species development will not normally be allowed within 8 metres of any watercourse.
4.8. Environment Policy 35 states 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.
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4.9. 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. 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: 57 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.
Other Material Considerations
5.1. Legislation 5.2. 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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given below.
5.3. Policy Statements and Circulars 5.4. Planning Policy Statement 1/01 states 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. 5.5. Policy CA/6 of PPS 1/01 states that 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 below, 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. 5.6. Policy RB/6 of PPS 1/01 states that there is a general presumption against demolition. Where proposed works incorporate demolition the general requirements under Policy RB/3 should be considered; importance of the building, physical features of the building and the buildings contribution and to the setting.
REPRESENTATIONS
6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. 6.1.1. Garff Commissioners - (22.05.2024) No objections. 6.1.2. Ecosystem Policy Team - (02.05.2024) satisfied not to request a Bat Survey prior to determination. In respect of the flat roofed outbuilding to be demolished, the applicants must make sure that checks for bats around the building are made prior to work taking place. 6.1.3. Manx National Heritage - although consulted on the 10th of April 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
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6.1.4. Registered Buildings - although consulted on the 10th of April 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. 6.1.5. Forestry, Amenity & Lands - although consulted on the 10th of April 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. 6.1.6. Manx Utilities, Drainage - although consulted on the 10th of April 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. 6.1.7. Flood Management Division - although consulted on the 10th of April 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
ASSESSMENT
7.1. The application does not state exactly which elements are proposed for demolition however from the submitted information it appears that this shall be the existing porch, outbuilding, lean-to glass greenhouse and a sections of South-West elevation wall to facilitate the ground floor extension and first floor doors onto the proposed balcony. 7.2. The main considerations in the assessment of this application are considered to relate to whether the elements of the building proposed demolished make a positive contribution to the Conservation, and if demolished whether the loss of those elements would negatively impact the Conservation Area. 7.2.1. The buildings for demolition are within an area of mixed use that comprises public parking, waste disposal and sports facilities. The site is south and north of other residential dwellings separated from those to the south by the sports facilities. 7.3. Approaching the site from north, travelling south along Glen Road, the porch and outbuilding are only visible when upon the bridge crossing the tributary watercourse from the Quarry Falls to the River Laxey. In this moment the eye is drawn more to the curved wall of the adjoining semi, playground area with sports field and the skyline of woodland and fells in the distance. However the hipped pitch roof of the porch and the larger flat roof of the outbuilding are seen. The stone of the outbuilding aids its assimilation with the background setting. Because the ground floor of the dwellinghouses is lower than the road, the roofs on the porches of both dwellings are the prominent features 7.3.1. Approaching the site from south, travelling north along Glen Road, none of the elements for demolition are considered to be in views of the Conservation Area and its setting. 7.3.2. Views of the glass lean-to and South-West elevation are limited to the Public Right of Way (PROW) number 415 along the opposite bank of the River Laxey and number 414 which connects walkers from Glen Road across the River Laxey via the car park to the North, and from the car park to the North. 7.3.3. Loss of the windows in the South-West elevation would cause harm to the character of the building, and to a lesser extent views of the Conservation Area from the PROW. However, taking into consideration the proposed modern extension subject to separate permission under 24/00419, in weighing up the planning balance that harm could be outweighed by the modern addition and general improvements to the accommodation within the dwellinghouse. 7.3.4. The glass lean-to does not contribute to the character of the dwellinghouse or the Conservation Area nor does it enhance it. Therefore demolition of the glass lean-to would neither harm nor protect. 7.3.5. The outbuilding appears somewhat out of character with the semi-detached dwellings because the eaves are higher than the porch and it has a flat roof. However the stone walls are in keeping with the setting. Loss of the outbuilding would neither detract nor enhance the Conservation Area. 7.3.6. The dominant feature of the properties are the wall detail of chamfered edge and rounded edge on the dwellinghouse adjacent Glen Road. It is the elevations below the dual pitch roof with central chimney and gate post entrance that are the dominate character features within the Conservation Area. Although the porch on the dwellinghouse furthest from
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the road is not widely visible, when visible it is clearly seen replicated with the porch nearest the road. The 3 sided sloped slate roof on both porches are an important character feature of the building when considered as a whole. Therefore loss of the porch would have a negative impact upon the building and to a lesser extent the Laxey Conservation Area. 7.3.7. Considering the property within its setting, it appears a diminutive two storey building that is of its' period. Within the setting of the building there are larger industrial style buildings largely with stone / stone faced walls and metal corrugated roof and, flat rendered modern style two storey buildings of varying ages which are residential. In addition, almost level with the properties is the football club house which is a two storey building with multiple dual pitch elements and veranda style overhang on the south elevation; the walls are smooth render slate / slate effect roof tiles. 7.3.8. There is a general presumption in favour of extensions or alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan, where such works would not have an adverse impact on either adjacent properties or the surrounding area in general. 7.4. Policy CA/6 of PPS 1/01 states that the general presumption is in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area.
7.5. Environmental impact 7.6. Consideration has been given to Environment Policy 7 which requires that where development is close to a watercourse measures must be taken to ensure that no harm is caused to the watercourse. 7.7. Although the application is supported by a Flood Risk Assessment it does not include mitigation measures for demolition. Demolition often results in a level of unwelcome elements entering the atmosphere. In this case the potential risk is that of dirt, dust, rubble, glass, metal and any other material that is proposed removed from the site entering the atmosphere or the tributary to the River Laxey (abutting the site) or the River Laxey. 7.8. The agent has been consulted and has provided adequate information to satisfy the department that methods shall be in place to protect the watercourse.
CONCLUSION
8.1. In applying great weight to the preservation and enhancement of the Laxey Conservation Area, 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 and 39 and, Planning Policy Statement 1/01 it is considered that loss of the lean-to greenhouse and flat roofed outbuilding would not cause undue harm to the Laxey Conservation Area or the character of the dwellinghouse, however loss of the porch would cause harm. 8.2. The level of visibility of features that add to the character or landscape is not a reason for acceptability of its loss but it is considered to be a material consideration in weighing up the planning balance. 8.3. In weighing up the planning balance it is considered that demolition of the porch would not cause adverse harm to the building or the Laxey Conservation Area provided that either the wall is made good to match the existing elevation or any replacement reflects the character of the other porch. 9. In weighing up the planning balance it is considered that demolition of sections of the South-West elevation would cause adverse harm due to the loss of the windows. However, taking into consideration the proposed modern extension, that harm would be outweighed by the modern addition, subject to separate permission; this application.
RECOMMENDATION 9.1. Given the above, the application is recommended for approval.
INTERESTED PERSON STATUS
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10.1 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
10.2 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 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: 03.07.2024
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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