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24/00530/CON Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00530/CON Applicant : Mr Dean Ayres Proposal : Registered Building Consent for demolition elements to PA 24/00528/B Site Address : Abbey Mill Lodge Bridge Road Ballasalla Isle Of Man IM9 3DA
Planning Officer: Graham Northern Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 08.08.2024 __
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.
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. The application also meets the tests of Strategic Policy 4 and Environment Policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved. The application is therefore judged to be acceptable.
Plans/Drawings/Information;
This approval relates to the following drawing received 14.06.2024:
Interested Person Status - Additional Persons
None __
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24/00530/CON Page 2 of 5
Officer’s Report
THE APPLICATION SITE 1.1.1 The application site which sits in the Silverdale Conservation Area is and has an approximate area of 1.4 acres with frontage along Bridge Road, Mill Road, and the Silver Burn River.
1.2.1 The existing property is a dormer bungalow, constructed in the 1950's. Combination of pitch and flat roofs utilising concrete tiles and glass fibre finish respectively.
1.2.2 An existing stable block to the back of the site is also proposed to be removed.
THE PROPOSAL 2.1. Registered Building Consent for demolition of the existing dwelling on the site is sought.
2.1.1. The demolition elements relate to an existing dwelling and outbuilding shown on the location plan.
2.1.2 Note this application is solely for demolition and any replacement building/s will be considered under a separate application.
PLANNING HISTORY 3.1. None
PLANNING POLICY
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 application site is identified on the Area Plan for the South as land zoned for 'predominantly residential' purposes within the settlement boundary of Ballasalla., and within the Ballasalla 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.
OTHER 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
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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.
6.2. Malew Parish Commissioners - (03.07.2024) No objection
6.2.2. Registered Buildings Officer - (16.07.2024) - No objection to demolition, existing dwelling makes little contribution to the character of the Conservation Area. The replacement, however, is of a design, form and massing that is in no way appropriate to the historic character of the conservation area. The scale and massing are such that the replacement dwelling would have a far greater impact than the existing dwelling, and given the position of the site adjacent to the river, Rushen Abbey and the Abbey Church, I would judge that it has the potential to cause significant harm to the general character of the conservation area.
ASSESSMENT
7.1. Principle
7.1.1. The issue here is whether the proposals would preserve or enhance the special character of the Conservation Area.
7.1.2. 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 demolition are whether the proposal at least preserves the character of the Conservation Area, anything less is unacceptable.
7.2. Impact upon the Character of the Conservation Area
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7.2.1. The existing dwelling is not considered to contribute significantly to the Conservation Areas character and the registered building officer raises no objection to its removal.
7.2.2. The existing dwelling is set back from the street scene and angled to it with a large attached garage the forward most feature. The scale of the property is of a dormer bungalow and as such it isn't overly dominant and has a limited visual contribution.
7.2.3 The Conservation Area appraisal also makes no reference to Abbey Mill Lodge but does reference the buildings either side which are considered to make a valuable contribution and as such care in design and scale is essential with any proposed replacement building.
7.2.3. As such the existing dwelling and outbuilding do 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 building would not cause harm because the building does not contribute to the conservation area.
8.1.2 Note this application is solely for demolition and has been considered on this basis. The applicant has been asked to withdraw the application for a replacement dwelling on the site reference 24/00528/B. Any subsequent applications will be considered on their own merits.
8.2. Therefore this application is recommended for approval.
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 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: 08.08.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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