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24/00618/CON Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00618/CON Applicant : Mrs Ruth and Mr Dean Johnson Proposal : Registered Building Consent for demolition elements to PA 24/00542/B Site Address : 8 Somerset Road Douglas Isle Of Man IM2 5AD
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.08.2024 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Demolition of the roof of the outbuilding 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: To accord with Environment Policy 4 of the Isle of Man Strategic Plan.
N 1. Isle of Man Wildlife Act 1990
Irrespective of the details contained within the planning application submission or the planning officers report the applicant should be aware of and make any person undertaking work on their behalf aware of, their duty as stated in the Act to have regard to the environment as detailed in s36 of the Isle of Man Wildlife Act 1990 and those protected species listed in Schedule 5 and Schedule 7 of the Act.
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It is an offence subject to penalties to, intentionally or recklessly kill, injure or take a protected species, intentionally or recklessly damage or destroy, or obstruct access to, any structure or place which protected species use for shelter or protection, intentionally or recklessly disturb any protected species while it is occupying a structure or place which it uses for that purpose.
This application has been recommended for approval for the following reason. Due to the scale, position, design and proposed materials the proposal would not cause undue harm to the character of property within the Conservation Area, nor residential amenity. Therefore the proposal is considered to accord with the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following detail, plans and drawings received on the 24th of June 2024;
o Location, Site and Floor Plan, Drawing no. APL 100 o Proposed Elevations and Section Drawing no. APL 102-Rev 1 __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE
1.1. The application site is within the curtilage of a mid-terraced dwellinghouse, no.8 Somerset Road Douglas. Access to the property can be achieved from Somerset Road or from the rear along Woodbourne Road Lane; the lane provides access to all the properties fronting Somerset Road, connecting to Thorny Road and Albany Road.
1.2. The proposed works relate to the rear of the property. The character of the rear is one of mixed scale and design. Many of the terraced properties have two storey and single storey outriggers with and without alterations.
THE PROPOSAL 2.1. Registered Building Consent for demolition elements associated with planning application number 24/00542/B is sought.
2.1.1. The demolition elements relate to an existing attached outbuilding shown on drawing no.101-Rev 1 as 'existing store'.
2.1.2. The proposed floor plan on drawing no.100 and proposed elevations and section drawing no.102-Rev 1 show that the existing walls and roof are proposed removed to facilitate extensions.
PLANNING HISTORY 3.1. None
PLANNING POLICY
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4.1. The site is not within a Flood Risk Zone and is not a Registered Building or within the setting of one and there are no protected trees within or abutting the site.
4.1.1. The site is within an area designated as 'Predominantly Residential' on the Area Plan for the East, Proposals Map 4 Douglas, and within the Selbourne Drive Conservation Area. Therefore the following Policies and documents from the Isle of Man Strategic Plan 2016 are considered to be relevant in the determination of this application.
4.2. Strategic Policy 4: Proposals for development must protect or enhance the fabric and setting of buildings within a Conservation Area.
4.3. 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.
4.4. 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.
OHER MATERIAL CONSIDERATIONS
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".
5.2. 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.
5.3. 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.
5.4. 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.
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6.2. Douglas Borough Council - (10.07.2024) No objection but kindly request that the applicant contacts the Council's waste management team regarding the location of waste bins. Bins are not permitted to be stored on a public highway apart from when being put out for collection.
6.2.1. Manx National Heritage - although consulted on the 24.06.2024, 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.
6.2.2. Registered Buildings Officer - although consulted on the 24.06.2024, 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.
6.2.3. Manx Utilities, Electricity - although consulted on the 24.06.2024, 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. Principle
7.1.1. The site is within an area assigned to be Residential use therefore the proposal accords with the Isle of Man Strategic Plan and Area Plan. Householder extensions are generally acceptable as in paragraph 8.12.1 of the Strategic Plan.
7.1.2. However, given the land designations, in accordance with Section 18(4) of the Town and Country Act (1999) special attention is given to assessing whether the proposal preserves and or enhances the Conservation Area.
7.1.3. Therefore the main considerations in respect of the elements of demolition are whether the proposal at least preserves the character of the dwellinghouse and as such the Conservation Area, anything less is unacceptable.
7.2. Impact upon the Character of the Conservation Area
7.2.1. The proposed elements for demolition are on the rear of the terraced dwellinghouse but are nevertheless visible to the public passing along Woodbourne Road Lane.
7.2.2. The visual characteristics of the rear of the buildings within the conservation area is that of mixed design, scale and materials; there is no noticeable uniformity to the character.
7.2.3. The existing outbuilding, 'store', is single storey and largely concealed by the boundary wall. As such it does not contribute to the conservation area, therefore demolition would not harm the conservation area.
CONCLUSION
8.1. Taking account of Section 18(4) of the Town and Country Act (1999), Planning Policy Statement 1/01 and Planning Circular 1/98 the proposal preserves the Conservation Area in so much as demolition of the outbuilding would not cause harm because the building does not contribute to the conservation area.
8.2. Therefore this application is recommended for approval.
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9. INTERESTED PERSON STATUS
9.1. By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
a) the applicant (including an agent acting on their behalf); b) any Government Department that has made written representations that the Department considers material; c) the Highways Division of the Department of Infrastructure; d) Manx National Heritage where it has made written representations that the Department considers material; e) Manx Utilities where it has made written representations that the Department considers material; f) the local authority in whose district the land the subject of the application is situated; and g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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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 : 02.08.2024
Determining officer
Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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