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23/01142/CON Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01142/CON Applicant : Mr Malcolm Ian & Julie Anne Joyce Proposal : Registered Building consent for demolition elements to PA 23/01143/GB Site Address : 5 Derby Road Douglas Isle Of Man IM2 3ES
Planning Officer: Mr Hamish Laird Photo Taken : 11.12.2023 Site Visit : 11.12.2023 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.02.2024 __
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 is considered to accord with the requirements of General Policy 2 g) and h); and, Environment Policies 35 and 36; and, is acceptable.
Plans/Drawings/Information;
The development shall be carried out strictly in accordance with the following approved plans and details:
Site Location Plan showing the site edged red @ scale 1:1,250 - date received 28th September, 2023;
Drawing No. 1682.2 - Rev. 1 - Site Plan @ scale 1:500; Access plan @ scale 1:100; Proposed Ground and first floor plans, and proposed rear elevation - date received 12th December, 2023; __
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Interested Person Status - Additional Persons
See also IPS for application 23/01143/GB.
A representation was received from the occupants of Derby House, 77 Derby Square, Douglas, Isle of Man, IM1 3LR which does not explain how the elements of the proposal that require Registered Building Consent (i.e. the demolition) would impact on them and as such they should not be afforded IPS for 23/01142/CON. They are assessed for IPS separately under 23/01143/GB. __
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site is a 2 1⁄2 storey inner terraced dwelling at 5 derby Road, Douglas, which has two dormers in its front facing roof-slope. It is the second from end dwelling on the south side of Derby road, just to the west of the Derby Road/Glen Falcon Road/Derby Square road junction. It is served by a rear access road immediately to the south which also runs to the rear of the terrace of dwellings at 63-77 Derby Road. Adjoining properties and those to the rear facing onto Derby Square are similar residential terraced dwellings. The site lies within the settlement boundary and is shown on Proposals Map 5 Douglas Town Centre in the Area Plan for the East (2020), where the site and surroundings are designated as 'Predominantly Residential'. The site lies within the Douglas (Windsor Road) Conservation Area, and is a Registered Building.
1.2 At the rear of the property facing onto the access road is an approx. 2.2m high boundary wall fronting directly onto the access road which has a pedestrian access door in it. A rear extension under a mono-pitch roof facing end on to the access road houses a boiler room (closest to and attached to the boundary wall) utility room and kitchen. This extension steps in from the rear boundary wall by approx. 1.5 m and rises to two-stories in height, with again under a mono-pitch roof which is reflective of that over the boiler room at ground floor. The first floor element houses a bedroom with en-suite shower room. The kitchen/utility room and bedroom all have windows in the east facing elevation which look out onto the rear yard serving the dwelling and across the rear yard areas of 7 and 9 Derby Road; and, the rear aspects of dwellings to the south-east in Derby Square. There is no on-site parking serving the dwellings in the area, there is on street parking in the form of Disc Parking available. The site is within easy walking distance of the town centre and close to a bus route along Derby Road, Bucks Road and Broadway.
2.0 THE PROPOSAL 2.1 The current 23/01143/GB application seeks approval for: "Alterations and erection of extension, replacement windows with rear outlet, creation of garage, rear roof terrace and vehicular access".
2.2 A corresponding application 23/01142/CON seeks approval for: "Registered Building consent for demolition elements to PA 23/01143/GB"
2.3 The GB application involves: o The erection of an extension to the kitchen at ground floor level 1.725m wide x 4.84m deep with a flat roof over; o The removal of the existing boiler room and utility room, and the installation of a sectional garage door to create a single off-road vehicle parking space approx. 5.17m deep x 5.89m with access onto the rear access road;
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o The creation of a roof terrace by adding a flat roof over the existing yard to the side and rear of the present first floor bedroom and en-suite bathroom contained by an 1.1m high parapet wall, which would match the height of the existing mono-pitch roof ridge over the present boiler room and extend along the rear boundary with the access road;
o The addition of a door in the rear elevation of the main part of the dwelling in place of the existing window to provide access onto the roof terrace; and, the erection of a parapet wall and glazed balustrade on the roadside boundary at first floor level approx. 1.4 m high above finished floor level.
o Following email correspondence with the applicants' agent, the GB and CON applications were subsequently amended (12.12.23) to show a revised rear elevation drawing with a painted render finish.
3.0 PLANNING HISTORY
3.1 There are two previous planning applications relating to the property:
03/01660/B - Installation of timber sliding sash windows to replace existing to front elevation - Approved - 16.12.0203. 02/02527/B - Installation of uPVC replacement windows to front and rear elevations. Refused on review - 20.05.2003. No Appeal.
4.0 PLANNING POLICY
4.1 In terms of local plan policy, the application site is within an area recognised as being Predominantly Residential' in the Area Plan for the East (2020). The application site is within the Douglas (Windsor Road) Conservation Area.
4.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-
4.3 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development accords with the following relevant elements: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
4.4 Environment Policy 32 states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."
4.5 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area,
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and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
5.0 REPRESENTATIONS
5.1 Douglas Borough Council - This development must not prohibit the refuse bin from being removed from the highway to be stored within the curtilage of the property between refuse collections. No refuse bins should be stored on the highway. (13/11/23).
5.2 No comments from DoI Highway Services had been received by the Report drafting stage (11/12/23).
5.3 One letter of representation has been received from the occupants of Derby Lodge, 77 Derby Square, Douglas.
Concerns raised are:
"1. We object to the glass terrace barrier. This would allow a view directly through our kitchen roof windows, giving an unfortunate intrusion into our daily life and privacy. We request that the barrier should be solid to minimise this issue. This would have the advantage to the owners of the property of partially blocking their view of the back lane. The line of dustbins and the unfortunate frequently dumped rubbish is not pretty.
These concerns relate to the 23/01143/GB application and are rehearsed and addressed in that Report.
6.0 ASSESSMENT
6.1 Environment Policy 32 sets out planning policy with regard to development affecting Registered Buildings; whereas, Environment Policy 35 sets out the policy with regard to development within a Conservation Area. Environment Policy 32 states that development involving extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted." Environment Policy 35 indicates that development would only be permitted within a Conservation Area if it would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development.
6.2 In this case, the proposal is for the removal of the existing boiler room and utility room at the rear of the dwelling, and this area and the remainder of the rear yard covered over with a flat roof. The rear boundary wall would be breached to allow vehicular access to be derived from the lane, with a roller shutter door put in place. It is noted that similar such arrangements are in place at intervals along the access road to the rear of other dwellings in Derby Road. The change to provide the garage door would be the most obvious visual aspect of the development. The applicant has submitted a revised rear elevation drawing showing a painted render finish to the rear wall around the garage door. This is considered to be much more in keeping with the character and appearance of the area than the previously proposed stone panel finish. The change from the existing window in the rear elevation of the main part of the dwelling to an access door would be acceptable in terms of its visual impact given that it is set well back on the site and is screened by existing two-storey rear projections.
6.3 The removal of part of the mono-pitched roof over the boiler room and its replacement with a flat roof would not be greatly noticed as the side upstand of the existing wall would be retained. The other change to note would be the raising of the rear wall backing onto the
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access road to provide a clear glazed balustrade to the balcony/sitting out area. All other aspects of the development would be set between existing dwellings and would not be readily visible other than from directly in front of the property when viewing it from the access road. The main aspect of the dwelling worthy of preservation is the front elevation facing onto Derby Road. None of the elements of the development proposed are out front, they are all located to the rear where their visual impact is lessened as most other rear aspects of adjoining dwellings are similar. In visual terms regarding the built form proposed, the impact of the development on the character, fabric and setting of the Registered Building; and, the visual impact on the character and appearance of the Conservation Area, both are considered to be acceptable and the proposed development accords with the provisions of Policies GP 2 b) and c); and, Environment Policies 32 and 35 in the Isle of Man Strategic Plan 2016.
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the Registered Building application in terms of the elements of the RB that are to be removed to facilitate the new works would not unduly detract from the character, fabric and setting of the RB; or, have an unacceptably adverse impact on the character of the Conservation Area given that the proposed works are to be undertaken to the rear of the building. The proposed works would comply with the principles of General Policy 2, and Environment Policies 32 and 35 of the Isle of Man Strategic Plan 2016. The Registered Building application is recommended for approval.
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: 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.
8.2 The Decision maker must determine whether there are other persons to those listed above who should be given Interested Person Status. __
I can confirm that this decision has been made by the 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
Decision Made : Permitted Date : 07.02.2024
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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