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Application No.: 24/91281/B Applicant: Living Hope Community Church Limited Proposal: Alterations and extensions to roof, installation of cladding panels to the north elevation; rendering to south elevation and new external staircase on the rear elevation; relocation of cycle storage (in association with 24/01285/CON) Site Address: Removal House 39 Finch Road Douglas Isle Of Man IM1 2PT Planning Officer: Lucy Kinrade Photo Taken: 09.12.2024 Site Visit: 09.12.2024 Recommended Decision: Permitted Date of Recommendation: 23.12.2024 _________________________________________________________________
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.
This application has been recommended for approval for the following reason.
The existing building already features large area of flat roof, while the proposal will result in the loss of some pitched roof elements, the primary frontage is to be best maintained and the existing building is not of any traditional merit at the rear, nor a positive contributor to the character of the WRCA, nor its is mentioned in the character appraisal. The works to the roofs are considered acceptable in this specific case, and the building will remain a building which does not contribute to the historic character of the area and is set apart from its surrounding traditional buildings just as is the situation now. View of the building within the immediate streetscene may change but the overall character and appearance of the wider conservation area is to remain preserved in line with The Act 1999, Environment Policy 35 and to have an acceptable visual and amenity impact inline with General Policy 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the following:
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site relates to 'Removal House', 39 Finch Road a building sitting on a corner plot between the bottom of Christian Road and St Barnabas Hill and opposite the steep Well Road Hill heading down towards Strand Street. - 1.2 The existing building comprises a mix of flat and pitch roof finishes at the rear. The pitch roof finishes sit parallel to St Barnabas Hill. - 1.3 The site was recently approved for its conversion to Use Class 4.3 under 23/01200/B, a minor change was recently approved by slit decision more detail for this is provided at section
3.0 of this report.
2.0 THE PROPOSAL - 2.1 The application seeks approval for a number of works to the original approval including:
3.0 PLANNING HISTORY - 3.1 Two applications considered materially relevant:
3.2 The officer report for 24/91222/MCH concluded the following: N1. This decision provides for the APPROVAL of changes relating to: Blocking off a proposed opening on the north boundary wall N 2. This decision provides for the REFUSAL of changes relating to the installation of:
4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Mixed Use (St George's) in the Area Plan for the East 2020. The written statement of the Area Plan states: "Within the area, but outside of Athol Street, offices, financial and professional services, food and drink and some residential uses will also be acceptable. Uses which conflict with these will generally not be supported." - 4.2 The site is within the Windsor Road Conservation Area (WRCA), which means there is a legal test for the proposal's impact on conservation areas (CA) (details in 5.1 and 7.1). WRCA also has a character appraisal. The site is not recognised as being at any flood risk although areas passing the site are. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 (IOMSP) holds the following policies that are considered materially relevant to the assessment of this current planning application:
IOMSP - Design and Conservation
4.4 Strategic Policy 3(b), 4 (a), 5 and Subsections (b), (c), (g) of General Policy 2, as well as Environment Policy 42, set out design requirements for development to respect the character of the site itself and its immediate and broader surroundings. - 4.5 Strategic Policy 4(a) and Environment Policy 35 state that design for development in a Conservation Area must either preserve or enhance the character and appearance of the area. EP35 emphasises this by stating that the positive features of such areas must be protected against inappropriate development. - 4.6 In decision making, EP35 means development that does not preserve or enhance such area or negatively affects the area's character would be refused. IOMSP - Amenities - 4.7 Subsections (g) and (h) of General Policy 2 set out that amenities enjoyed by the site and the site around it should be protected or preserved. Planning Policy Statement and National Policy Directive - 4.8 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS. It provides supplementary policy on developments within any conservation area. - 4.9 Policy CA/2 states: "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." - 4.10 Windsor Road Conservation Area Character Appraisal justifies the conservation designation of the area, highlights quality designs and notes detractive features within the Area. The Appraisal summarises the general character of the area as follows:
"Offers a comprehensive collection of town houses from the early Victorian period, giving good quality examples of the development of architectural and approaches to planning and layout. Many buildings still retain a high level of original features which are fortunately in many cases being conserved and enhanced."
5.1 Section 18(4) of the Town and Country Planning Act (TCPA) (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". Section 18(4) of the TCPA sets out the approach 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. The above requirements apply to this application because the site is within a Conservation Area. Section 7 of this report will give it appropriate consideration. - 6.0 REPRESENTATIONS This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website.
6.1 Douglas Borough Council - no objection (29.11.2024).
6.2 DOI Highway Services - no significant negative impact upon highway safety, network functionality and/or parking as this is a modest amendment to the previous place of worship application which was deemed acceptable in terms of highways, access and parking (25/11/2024). - 6.3 The following were also consulted but no response received as of 20/12/2024:
7.1 The key considerations in this case are whether the works meet The Act's statutory tests and whether the proposal would preserve or enhance the character of the Conservation Area.
7.2 As previously mentioned including at 4.10 of this report the general character of WRCA is having a good collection of town houses, with good quality architectural approaches and many buildings retaining high level original features. The WRCA indicates that the most vulnerable features are windows, traditional pitched roof forms and cast iron balconies. Its furthers to elaborate on 'Roofscape' stating that a significant features is the roofscape as a whole, a number of buildings have parapets with slate roofs behind but that some have been extended with dormers which are inappropriate. There is no specific reference to this specific site nor its current buildings. Historic mapping shows it previously forming gardens and grounds of 'The Parsonage' although no longer existing. - 7.3 The current buildings is not considered to be one of the positive features of the CA. While part of its roofs are pitched and such a pitched feature is recognised as being a contributing factor to the CA. In this specific case they are not of the typical traditional slate roof form or materials as mentioned in the WRCA. The existing buildings here do not complement the main positive features of the CA nor stands as a positive feature in their own rights and somewhat at odds with the traditional buildings in its surrounding environment.
7.4 Removal and replacement of the pitched roofs will likely be the most notable works as part of this application. The existing pitched roofs have an almost industrial feel to them and their removal will of course result in some visual changes to the streetscene. The replacement flat roof will follow a similar line to the boundary wall and not expected to be visually prominent as to cause any significant adverse harm. Collectively the works will result in a large area of flat roof which is not generally sought, but minded of the existing flat roof arrangement to a large proportion and the low level of the new works that this is not considered to be so unacceptable in this case. - 7.5 It is also mindful to take into some consideration the overall benefits of the re-use of a central brownfield site, as well as the overall restoration and upgrading of the building. The proposal seeks to maintain and retain the primary frontage including its pitched roof form nearest St Barnabas Hill and this frontage is most readily visible from public view along the main Finch Road. - 7.6 The works seek to support a previous and commenced proposal to bring a vacant and degrading building back into use and with an upgrade to its currently neglected appearance. The existing building already sits apart from its neighbouring traditional town houses. While the overall scheme results in a more contemporary finish to the building the overall scheme will bring a visual enhancement to the building. The building will still remain set apart from its neighbours and so the works having an overall negligible impact on the overall Conservation Area whose positive features will remain undisturbed and preserved and passing the statutory test in this case. - 7.7 Works to the boundary walls are expected to result in an overall negligible impact compared to the existing appearance which is already rendered over. - 7.8 Works to relocate the cycle store and works relating to the rear external stair are considered to be acceptable and not expected to result in any harmful nor noticeably changes from public perspective or to the CA.
8.1 The existing building already features large area of flat roof, while the proposal will result in the loss of some pitched roof elements, the primary frontage is to be best maintained and the existing building is not of any traditional merit at the rear nor a positive contributor to the character of the WRCA nor its is mentioned in the character appraisal. The works to the roofs are considered acceptable in this specific case, and the building will remain a building which does not contribute to the historic character of the area and will be set apart from its surrounding traditional buildings just as the situation now. View of the building within the immediate streetscene may change but the overall character and appearance of the wider conservation area is to remain preserved in line with The Act 1999, Environment Policy 35 and to have an acceptable visual and amenity impact inline with General Policy 2 of the Isle of Man Strategic Plan 2016. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
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 and/or rights to appeal.
Decision Made: Permitted Date: 24.12.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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