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24/01257/CON Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/01257/CON Applicant : Mr & Mrs Kevin Bott Proposal : Registered Building Consent for demolition aspects to PA 24/91218/B Site Address : Croit-Ny-Kiyt Crossag Road Ballasalla Isle Of Man IM9 3EF
Planning Officer: Vanessa Porter Photo Taken : Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 04.03.2025 __
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. It is also judged that the application meets the tests of Strategic Policy 4 and Environment Policy 35 of the IOM Strategic Plan 2016 as the Conservation Area is being protected and preserved. It is therefore judged that the application is acceptable.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 6th November 2024; o Covering Letter o JTM2424-P-01
This decision also relates to Drawing No. JTM2424-P-02 Rev B dated received 10th March 2025 __ Interested Person Status
It is recommended that the owners/occupiers of the following properties 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):
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"Crossack House" as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is within the curtilage of Croit-Ny-Kiyt which is a traditional two storey dwelling situated to the West of where Phildraw Road meets Crossag Road.
THE PROPOSAL 2.1 This application is entwined with PA24/91218/B, which was works comprising of the below elements; "2.1 This application seeks approval for two separate parts, firstly for the erection of a second storey on top of the already existing flat roofed extension and secondly for the erection of a two storey side extension.
2.2 The second storey extension on top of the flat roofed extension is to be on the same footprint and is to provide a third bedroom. The extension is to have a pitched roof with two rooflights situated into the Northern elevation.
2.3 The two storey extension is to be situated to the Northern side of the property and is to measure 8.74m by 2.785m at the shortest part (facing East) and 5.080m at the largest part (facing West). There are no windows proposed in the Northern elevation and there is proposed a pitched roof dormer to the Eastern (front) elevation. There is a separate entrance into the extension from the front and the extension is connected to the main property by a door, which connects the plant room and extension at ground floor level and the main hallway and master bedroom to first floor level.
2.4 Also proposed is the installation of solar panels to the roofscape."
PLANNING HISTORY 3.1 There are several previous applications which are not relevant to the assessment of this application, whilst this is the case, PA07/00837/B is the most relevant and was for "Construction of a flat roof extension to replace existing conservatory on rear elevation," which was Permitted.
3.2 It is also noted that there is one concurrent application which is relevant to this application and is PA24/91218/B which is for, "Erection of a single-storey extension above the rear annexe. Erection of a two storey side extension. Installation of replacement and new PV cells," currently Pending.
PLANNING POLICY 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the South, Map 4 - Ballasalla. The site isn't within a Flood Risk Zone but is within a Conservation Area. Given the nature of the application, being for RB consent works in relation to PA24/91343/B it is most relevant to focus on those policies, which relate specifically to demolition works within a Conservation Area and Heritage policies referenced in PPS 1/01.
4.2 The Strategic Policies which are the most applicable to this application are Strategic Policy 4 which seeks to protect or enhance Conservation Areas, Environment Policy 35 which seeks that the character and quality of the Conservation Area is protected against inappropriate development, Environment Policy 39 in connection with Paragraph 7.32.2 which seeks to retain
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building which make a positive contribution to the character or appearance of the Conservation Area.
4.3 With regards to the Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man, the most relevant policy is CA/6.
REPRESENTATIONS 5.1 The following representations can be seen online in full;
5.2 The following consultee's were consulted on the 8th November 2024 of which no comments have been received at the time of writing this report;
5.3 Malew Commissioners have considered the application and state they have no objections. (05.12.24)
5.4 The owner/occupier of Crossack House have written in to object to the proposal on the basis of building up to the property boundary, loss of light, over dominance and concerns regarding drainage. (06.12.24)
ASSESSMENT 6.1 Whilst the property is not registered, the Town and Country Planning Act 1999 requires that demolitions in Conservations Areas have registered building consent to safeguard the character and appearance of the surrounding area. Therefore the key considerations in this case are whether the proposed works will adversely affect or change the character and nature of the building or the Conservation Area.
6.2 This registered building application has been submitted in response to a requirement due to the demolition works proposed within PA24/91218/B. The proposed demolition works are in connection with works which are required to be finished, as such it is unlikely that the demolition works will be done without future planning, e.g. removal of flat roof to erect a first floor level. As such the proposed works will not impact the special character of the Conservation Area and the proposal is deed to comply with Environment Policy 39.
6.3 Overall it is judged that the proposed demolition preserves the special character, fabric and setting of the Conservation Area as it does not include the removal of any historic elements.
CONCLUSION 7.1 It is judged that the proposal complies with sections 16 and 18 of the Town and Country Planning Act 1999, as the historic character of the building and setting of the conservation area are being preserved. It is also judged that the application meets the tests of strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 and the requirements within PPS 1/01 as the fabric and setting of the conservation area is being protected and preserved. It is therefore recommended that the application be approved.
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: o The applicant, or if there is one, the applicant's agent; o Manx National Heritage, and o The local authority in whose district the land the subject of the application is situated.
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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.
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 as per section 3.2.4 of the Operational Policy.
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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 and/or rights to appeal.
Decision Made : Permitted
Date: 11.03.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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