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Application No.: 25/00061/CON Applicant: Miss Breeshey Harkin Proposal: Registered Building consent for demolition aspects to 25/90005/B Site Address: Lilac Cottage Main Road Kirk Michael Isle Of Man IM6 2HG Senior Planning Officer: Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.02.2025 _________________________________________________________________
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 decision relates to drawings received on 17 January 2025, referenced;
Interested Person Status None
_________________________________________________________________ Officer’s Report
1.1 The application site is within the curtilage of a residential dwelling referred to as Lilac Cottage, Main Road, Kirk Michael. The property is of traditional Manx vernacular with a catslide roof to the rear, which is set back from the edge of the highway with an attached flat roofed garage to the north elevation. To the south elevation (side) is a landscaped area adjacent to the neighbouring property to the south, namely the Methodist Church. - 1.2 The property currently benefits from one vehicle access off the highway adjacent to the garage to the north of the curtilage with parking for one vehicle at a depth of 4.3m. - 1.3 The property is enclosed from the highway/ footpath by a dwarf wall with pillars and metal railing atop (approx. 1.1m high) and pedestrian access opposite the front doorway to the property. - 1.4 The property is located within the Kirk Michael Conservation Area. THE PROPOSAL
2.1 The application seeks to demolish part of a boundary wall adjacent to the footpath. - 2.2 The existing wall is located to the front of the dwelling house and sits between the two pillars. The wall is characterised with Manx stone construction approx. 300mm high with haunched concrete atop and decorative mental railing extending between regularly positions Manx stone pillars.
2.2 The removal of the wall would then allow for the creation of two off road parking spaces adjacent to the south of the dwellinghouse. The length of driveway would extend to 16.5m into the rear of the property and would be 3.0m wide. The pillars would be reduced in height to 1.05m from 1.1m to aid with visibility.
2.4 This application is to be assessed in association with 25/90005/B- Formation of a new vehicular access (in association with 25/00061/CON). PLANNING HISTORY - 3.1 24/01133/CON - Registered building consent to demolish existing brick shed. Approved.
24/00198/LAW - Certificate of Lawful Development for the installation of a replacement roof. Approved.
4.1 The application site is within an area designated as "Residential" under the Kirk Michael Local Plan 1994. The site is also within a Conservation Area of Kirk Michael. The site is not within an identified flood risk area and there are no registered trees affected by the proposals.
4.2 Strategic Policy The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
General Policy 2 General Development Considerations Environment Policy 35 Preserve or enhancement for Conservation Areas Transport Policy 4 Highway Safety 7 Parking Provisions
4.3 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 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".
CONSULTATIONS
5.1 Michael Commissioners, had not commented at the time of writing.
5.2 Highways had not commented at the time of writing. ASSESSMENT - 6.0 The key considerations in the determination of the application are;
6.1 The property is situated within a Conservation Area, as such it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works would preserve or enhance the Conservation Area. The proposals as further assessed below will ascertain whether there is any detrimental visual impact from the removal of the wall and the creation of a parking area adjacent to the dwelling house. With this in mind and noting that the proposal is within the curtilage of an existing dwelling house, the proposals are small scale and should not alter the wider Conservation Area as a whole, the proposal at this stage would pass the Section 18(4) test by helping to preserve the Conservation Area.
6.2 In terms of the proposals and whether they preserve or enhance the special character of the Kirk Michael Conservation Area. The demolition of this section of dwarf wall with metal railing atop between the existing pillars would be acceptable in this instance, as the remaining boundary wall (of the same type and finish) with pedestrian access/gate would remain and would now have an appearance of be centrally aligned across the front elevation with the width of the dwellinghouse. The loss of this section of walling would not be seen to create an incongruous feature on the streetscene. The proposal would be read within the residential context of the property and that of the streetscene ensuring compliance with GP2b,c,g.
6.3 With regard to any adverse impact upon the existing conservation area the character of the streetscene, it is noted as being predominately residential where most properties fronting the highway have parking associated with and aligned with the dwellinghouse. The proposal would not be out of character here and would have a neutral impact upon the conservation area helping to preserve the overall appearance of the streetscene in accordance with EP35. CONCLUSION - 7.1 For the above reasons, the proposed creation of a vehicular access would not harm the character of the area or the highway network or that of the conservation area and would comply with General Policy 2, Environmental Policy 35, Transport Policy 4&7 of the IOMSP. The application is therefore recommended for approval.
Party Status (Registered Buildings)8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, 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: 17.02.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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