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24/01159/CON Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/01159/CON Applicant : Mr & Mrs Kenneth James & Kirree Allitt & Norton Proposal : Registered building consent for demolition aspects to PA 24/91158/B Site Address : 8 Lyndale Avenue Peel Isle Of Man IM5 1JY
Planning Officer: Russell Williams Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 03.03.2025 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed demolition and works to the roof of the dwelling requiring Consent are considered to be unacceptable as they will give rise to a harmful adverse impact upon the character or appearance of the dwellinghouse and Conservation Area. The proposals therefore conflict with Environment Policy 39 and Planning Policy Statement 1/01. __ Interested Person Status
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
6 Lyndale Avenue 9 Lyndale Avenue
As they do not refer to the relevant issues in accordance with paragraph 2C of the Policy. __
Officer’s Report
1.0 THE SITE 1.1 The application site relates to 8 Lyndale Avenue, Peel, a mid-terraced dwelling situated on the south eastern side of the highway and on the edge of Peel Conservation Area.
1.2 Lyndale Avenue presents a single terrace to its highway; to the northwest lies an expanse of open space at St Germans Church. The entire terrace is red brick at ground floor level with white or cream render at the first floor, and each dwelling is has asbestos slate tiling
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and a prominent chimney. Another common feature to all dwellings are square bay windows and a front yard and rear garden.
2.0 THE PROPOSAL 2.1 The corresponding planning application seeks approval for the construction of a dormer window to the rear (southeast) roof elevation, replacement for existing windows and doors and construction of a garden outbuilding.
2.2 The works proposed in relation to this application for Registered Building Consent application are considered to involve:
o Removal/replacement of existing windows and doors; o Demolition works to roof, and o Demolition of existing garden building/shed
3.0 PLANNING POLICY 3.1 The site lies within an area designated as Predominantly Residential Use on 1982 Development Plan South Map and 1989 Peel Local Plan. The site is within Peel Conservation Area. The building is not Registered.
3.2 The relevant policy regarding the demolition of fabric within the Conservation Area is Environment Policy 39 which 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."
3.3 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man includes Policy CA/6 (Demolition which states:
"Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. 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 above, 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."
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is a material consideration.
4.2 Section 18(4) of the Town and Country Planning Act (1999) is relevant and 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".
5.0 PLANNING HISTORY 5.1 24/91158/B Construction of dormer window, replacement windows and doors and erection of garden room building - to be determined.
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6.0 REPRESENTATIONS 6.1 No Statutory Consultee comments have been received.
6.2 Representations have been received from 2 neighbouring properties raising the following materially relevant points: o Adverse impact upon the surroundings from the proposed outbuilding in terms of scale, layout, siting, form and design o Harm to the character and appearance of the area o Proposals fail to preserve or enhance the Conservation Area
6.3 The representations include matters that are not material to the consideration of a Registered Building application and include: o Loss of light o Loss of privacy o Overbearing impact o Overshadowing of future solar panels o Obstruction to rear access
7.0 ASSESSMENT 7.1 The key consideration in the determination of the application is whether the proposed demolition of the rear extension and other minor works will have an adverse impact upon the character and appearance of the Conservation Area.
7.2 The extent of demolition is generally confined to the rear of the building and the roof of the dwelling.
7.3 Replacing the existing dark timber effect windows and doors with the new grey coloured fenestration will have a neutral effect on the character and appearance of the building or Conservation Area.
7.4 The corresponding planning application for the construction of the dormer window, replacement of windows, doors and garden room is recommended for refusal due to the unacceptable harm and impact caused by the proposed dormer window upon the character and appearance of the Conservation Area and the contribution that the property makes by the simple uninterrupted terrace roof at Lyndale Avenue.
7.5 If Registered Building approval were given then the owner would effectively have permission to demolish the rear roof of the dwelling without any form of restoration. While this is highly unlikely to occur, it remains possible and such demolition would be harmful to the character and appearance of the dwelling and Conservation Area. The demolition sought would also facilitate the proposed dormer window which is not considered to be acceptable under application 24/91158/B.
7.6 The proposal therefore conflicts with Environment Policy 39 of the Strategic Plan.
8.0 CONCLUSION 8.1 The proposed demolition and works to the roof of the dwelling requiring Consent are considered to be unacceptable as they will give rise to a harmful adverse impact upon the character or appearance of the dwellinghouse and Conservation Area. The proposals therefore conflict with Environment Policy 39 and Planning Policy Statement 1/01.
8.2 It is therefore recommended that the application be approved.
9.0 INTERESTED PARTY STATUS (REGISTERED BUILDINGS)
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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. __
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 and/or rights to appeal.
Decision Made : Refused Date: 12.03.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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