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22/01095/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01095/B Applicant : Mr Ben Quayle Proposal : Demolition of an existing stone wall Site Address : Peveril Building Peveril Square Douglas Isle Of Man IM1 2BS
Technical Officer: Mr Thomas Sinden Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.10.2022 __
Conditions and Notes for Approval
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 proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the proposals preserve the character of the conservation area. The application also meets the tests of general policy 2, strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved, and the proposals do not adversely affect the character of the surrounding townscape. The application is therefore judged to be acceptable.
Plans/Drawings/Information;
This decision relates to drawing 100 and the other information submitted on 9th September 2022. __
Interested Person Status - Additional Persons
None __
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22/01095/B Page 2 of 4
Officer’s Report
1.0 THE SITE
1.1 The site is a section of stone wall at the rear of Peveril Building, Peveril Square in Douglas. The site is within the Douglas Promenades Conservation Area. Although now the rear yard area of a large office building, this area of Douglas is sometimes still referred to as 'The Fort'; a reference to the stone built circular fort built in the 1500s during the reign of Henry VIII to protect the harbour from the threat posed by continental enemies. There is no evidence of the fort's existence in the area today beyond a few forlorn street names.
2.0 THE PROPOSAL
2.1 This application proposes to demolish a nine metre long section of stone wall.
3.0 PLANNING POLICY
3.1 The site is in an area defined as 'Mixed Use Proposal Area 5. The Fort' on Map 5 of the Area Plan for the East 2020, and within the Douglas Promenades Conservation Area. The site is in an area at high risk of surface water flooding.
3.2 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.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2: 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:
(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; and (g) does not affect adversely the amenity of local residents or the character of the locality.
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
3.4 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
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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.
4.0 PLANNING HISTORY
4.1 There are numerous applications on the office building itself, however given the very limited scope of this application, these are not judged relevant.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Douglas Borough Council have stated that they have no objections to the application (7.10.2022).
5.2 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application. (12.10.2022).
6.0 ASSESSMENT
6.1 The issue here is whether the proposals would preserve or enhance the special character of the Douglas Promenades Conservation Area.
6.2 The application proposes to demolish a section of stone wall in the rear yard of a modern office building. The section of wall is surrounded by modern plant equipment and is not visible from any viewpoint other than the yard itself. Given the extremely modest scope of the proposals, and the fact that the wall is not visible from any public thoroughfare, it is judged that the proposed demolition would have not detrimental impact on the character of the conservation area or the surrounding landscape.
6.3 Whilst the site lies within an area at high likelihood of flooding, the nature of the development will not change the resilience or susceptibility of the site and surrounding area from flooding and as such, this is not considered to be a reason to refuse the application in this case.
7.0 CONCLUSION
7.1 It is judged that the proposals meet 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 general policy 2, strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved, and the proposals do not adversely affect the character of the surrounding townscape. It is therefore recommended that the application be approved.
8.0 INTERESTED PERSONS STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
(a) the applicant (including an agent acting on their behalf);
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(b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
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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.
Decision Made : Permitted
Date: 25.10.2022
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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