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Application No.: 24/01133/CON Applicant: Miss Breeshey Harkin Proposal: Registered building consent to demolish existing brick shed Site Address: Lilac Cottage Main Road Kirk Michael Isle Of Man IM6 2HG Technical Officer: Tom Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.11.2024 _________________________________________________________________
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 proposals are considered to be in accordance with Section 18 of the Town and Country Planning Act, together with Strategic Policy 4 and Environment Policy 35 of the Strategic Plan, and policy CA/2 of Planning Policy Statement 1/01 as the siting and modest scale of the outbuilding is such that its demolition is judged to preserve and protect the character and appearance of the Kirk Michael Conservation Area. Although the elements of historic walling that form part of the outbuilding do provide some historic interest, given the limited visibility from outside the site, this historic interest is not judged to make a significant contribution to the character or appearance of the wider conservation area. The application is therefore judged to be acceptable.
Plans/Drawings/Information; This decision relates to the location plan and other supporting information submitted on
Interested Person Status None
1.0 THE SITE - 1.1 The site is Lilac Cottage, Main Road, Kirk Michael. The property is located within the Kirk Michael Conservation Area. - 1.2 This application focusses on a small detached single storey outbuilding within the rear garden of the cottage. The building's walls are partly constructed of local stone and brick, and has a duo-pitch roof finished in natural slate.
2.1 This application seeks registered building consent for the demolition of the small detached outbuilding described in section 1.2 above. - 3.0 PLANNING POLICY
3.1 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas
(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.
3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
Strategic Policy 4 Environment Policy 35
3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
4.1 The site has been subject of the following applications:
Reference Number: 24/00198/LAW Status: Certificate of Lawfulness AGREED Proposal: Certificate of Lawful Development for the installation of a replacement roof.
Reference Number: 07/01499/B Status: Permitted Proposal: Installation of replacement windows and door to front elevation.
Reference Number: 96/01455/B Status: Insufficient Fee
Proposal: Erection of a workshop, Lilac Cottage, Main Road, Kirk Michael.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Michael Parish Commissioners were consulted on 2.10.2024. At the time of writing this report (25.11.2024), no representation has been received, and as such it is assumed that the consultee has no comments to make.
5.2 Manx National Heritage (MNH) were consulted on 2.10.2024. At the time of writing this report (25.11.2024), no representation has been received, and as such it is assumed that the consultee has no comments to make. - 6.0 ASSESSMENT
Statutory Test 6.1 Section 18 of the Act requires the Department to pay special attention to the desirability of preserving or enhancing the character or appearance of any conservation area in the exercise of any powers under the Act. In this instance, the application seeks registered building consent to demolish a small detached outbuilding within the property's rear garden. Although two of the walls of the building appear to be historic, constructed of a mixture of beach stone and horizontally laid slate, the building is extremely modest in scale and is generally not visible from outside the application site. As such, it is judged that the character and appearance of the conservation area would not be adversely impacted by the demolition of the outbuilding.
Policy Tests
6.2 As outlined in section 6.2, this application seeks registered building consent to demolish a small detached outbuilding within the property's rear garden. The position and modest scale of the outbuilding mean that it is generally not visible from outside of the site. With this limited visibility in mind, although there are historic walls as part of the building, I do not judge them to make a significant contribution to the overall character or appearance of the conservation area. - 7.0 CONCLUSION
7.1 The proposals are considered to be in accordance with Section 18 of the Town and Country Planning Act, together with Strategic Policy 4 and Environment Policy 35 of the Strategic Plan, and policy CA/2 of Planning Policy Statement 1/01 as the siting and modest scale of the outbuilding is such that its demolition is judged to preserve and protect the character and appearance of the Kirk Michael Conservation Area. Although the elements of historic walling that form part of the outbuilding do provide some historic interest, given the limited visibility from outside the site, this historic interest is not judged to make a significant contribution to the character or appearance of the wider conservation area. It is therefore recommended that the application be approved. - 8.0 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 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 : Permitted Date: 25.11.2024 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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