**Document:** DEC Officer Report
**Application:** 22/00784/CON — Registered Building Consent for the demolition of existing property and erection of replacement dwelling (in association with PA 22/00783/B)
**Decision:** Permitted
**Decision Date:** 2022-11-18
**Parish:** Michael
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/25570-kirk-michael-tamarisk-replacement-demolition/documents/1033542

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# DEC Officer Report

**Application No.:** 22/00784/CON
**Applicant:** Mr Keith Fitton
**Proposal:** Registered Building Consent for the demolition of existing property and erection of replacement dwelling (in association with PA 22/00783/B)
**Site Address:** Tamarisk Main Road Kirk Michael Isle Of Man IM6 1AJ
**Planning Officer:** Mr Toby Cowell
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 15.11.2022

## 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 proposed development is considered to constitute a high standard of design, making a more efficient use of the site by provide additional and enhanced residential accommodation, whilst ensuring that the character and appearance of the Conservation Area would be preserved. The proposals are further considered to not result in a demonstrably adverse impact upon residential amenity, whilst providing a high standard of accommodation for future occupants. The proposals are therefore deemed compliant with General Policy 2 and Environment Policy 35 of the Strategic Plan (2016).

Plans/Drawings/Information; This approval relates to drawings referenced;

## - 2021-103-000, - 2021-103-001, - 2021-103-002A, - 2021-103-003A,

- 2021-103-004,
- 2021-103-005, all received 27.07.22, and amended drawings referenced;

- 2021-103-101M,
- 2021-103-102M,
- 2021-103-103M,
- 2021-103-104M,
- 2021-103-105M,
- 2021-103-106M,
- 2021-103-107M,
- 2021-103-108M,
- 2021-103-109M,

- 2021-103-111M,
- 2021-103-112M, 2021-103-114A, all received 11.10.22 _______________________________________________________________

## Interested Person Status – Additional Persons

It is recommended that the Department of Infrastructure Highways Division should not be awarded Interested Party Status as their comments do not meet the tests within paragraph 2 of the Policy. _____________________________________________________________________________

## Officer’s Report

1.0 THE SITE - 1.1 The application site relates to the dwellinghouse and associated curtilage of "Tamarisk"; a two-storey detached property with a large rear garden. The property is located along Main Road in Kirk Michael, bordered by "Borodaill" to the north, "Brynwood" to the south and faces east onto the A3 main road (TT Course) and across the road towards the playing fields of Michael Primary School. The building is set back from the abutting highway with the entire front garden covered in gravel. There is a 2.2m hedge which runs along the stone/masonry wall, only broken up by the vehicular and pedestrian access at set sections. - 1.2 The immediate area is characterised by a range of detached and semi-detached properties, many of which are particularly modern, with distinct designs and scales. The dominant materials tend to be smooth or rough cast render and slate roofs with a significant number of the properties having steeply pitched and flat roofed dormers, and flat roof elements on their front and side elevations serving garages and other utility spaces.

2.0 THE PROPOSAL - 2.1 Registered Building Consent is sought for the demolition of the existing bungalow and erection of a replacement two-storey detached dwelling. The replacement property would consist of a principle section at the front, with an additional 'wing' set back from the majority of the principle elevation and extending rearward adjacent to the site's northern boundary. The 'wing' would incorporate a reduced ridge height relative to the dwelling's principle section, and therefore appear somewhat subservient in this respect. - 2.2 The dwelling would incorporate a dual-pitched hipped roof for all sections, with front and rear first-floor terraces, a stone chimney breast on the northern elevation, and PV solar panels on the rear roofslopes. The property would appear to be finished in white render with timber cladding at first-floor, unspecified roof tiles, substantial glazing at the rear and a timber/glazed front door.

2.3 The proposals include a raised platform/terrace at ground-floor at the rear of the property surrounded by a metal balustrade, which makes use of the downward sloping topography of the plot from east to west. - 2.4 The application is submitted in tandem with an application for planning permission for the abovementioned works, under PA 22/00783/B.

3.0 PLANNING HISTORY - 3.1 20/00256/B - Alterations and erection of extension, attached garage and first floor terrace - Permitted - 3.2 06/00924/B - Extension of existing storm porch - Permitted - 3.3 04/00617/R - a) Retrospective application for the erection of a sun lounge to replace conservatory, repairs to existing and installation of an additional roof dormer - Permitted - 3.4 04/00617/PART- b) Retrospective application for the rebuilding of front wall - Approved at Appeal - 3.5 00/01679/B - Creation of new vehicular access - Permitted

4.0 PLANNING POLICY - 4.1 The application site is identified on the Kirk Michael Local Plan (1994) as land zoned for 'predominantly residential' purposes within the settlement boundary of Kirk Michael. The site falls within a Conservation Area but is not identified as being at risk of flooding. - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy - 3 To respect the character of our towns and villages

- 5 Design and visual impact

General Policy 2b,c General Development Considerations

Environment Policy 35 Development in Conservation Areas 42 Designed to respect the character and identity of the locality

4.3 Planning Policy Statement 1/01, policy CA/2 echoes the guidance in EP35 about the need to acknowledge the special character of a Conservation Area in applications for development. - 5.0 REPRESENTATIONS

5.1 Michael Commissioners - advised that their next board meeting would be on 07.09.22 and request that consideration is deferred until 14.09.22 to allow for comments to be provided by the board (11.08.22). No further comments were forthcoming. - 5.2 Highways Services - Development would have no significant negative impact upon highway safety, network functionality and /or parking (05.08.22). Continues to not oppose development upon receipt of amended plans (11.10.22 and 25.10.22). - 5.3 Registered Buildings Officer - Objection. The principal elevation's prominent location adjacent to the junction of the two southern approaches to the village has the potential to significantly impact the character of the conservation area. The introduction of a two storey

property with a road facing double gable featuring a shallow roof pitch is not a form characteristic of the conservation area. The proposal includes large areas of glazing, timber boarding (particularly on the west elevation) and a varied material palette that is not consistent with the form or finishes generally found in the conservation area. The modern form and substantial massing also fails to take account of the character of the immediate locality as required by environment policy 42. Proposals fail to protect, preserve or enhance the character of the conservation area. The application is therefore judged to be contrary to section 18 of the Act, strategic policy 4 and environment policies 35 and 42 of the Strategic Plan, and policies CA/2 and CA/4 of PPS 1/01 (13.09.22).

Following the discussions with the applicant's agent and receipt of the amended proposals, the amended roof profile, form, and mix of materials is such that on balance the scheme would not affect adversely the character of the vicinity, and as such the overall character of the conservation area could be judged to be preserved (11.10.22).

## - 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are as follows:

- Impact on Conservation Area (STP5, GP2, EP35, EP42)

## - 6.2 IMPACT ON CONSERVATION AREA

- 6.3.1 The existing property, whilst not unattractive, is of no particular architectural or historic merit and therefore its loss and replacement with an enlarged dwelling is not objected to in principle.
- 6.3.2 Following initial objections raised by the Registered Buildings Officer, revised plans have been submitted incorporating an amended roof form, which is considered to be more in keeping with the vernacular of surrounding properties and the conservation area in general. Concerns were raised over the prominence and intrusiveness posed by the front facing gables, and the subsequent detrimental impact this would likely pose to the intrinsic character of the conservation area.
- 6.3.3 The revised roof form represents a clear reduction in bulk and massing and, whilst the replacement dwelling is significantly larger than the existing in terms of footprint and scale; the property occupies a generous plot and therefore can comfortably be accommodated within the site without constituting a clear overdevelopment. Likewise, the dwelling is bounded by twostorey dwellings either side, and therefore its replacement with a two-storey property would not appear unduly prominent or incongruous in this context.
- 6.3.4 The proposed development represents a clean and modern design approach, which seeks to balance better utilising the site to provide additional and enhanced accommodation without being unduly excessive with respect to footprint and scale. The resultant dwelling is considered to be of a reasonably high-quality design which would sit well within the context of the streetscene, whilst not appearing unduly prominent or intrusive that would amount to a detrimental impact upon the character of the conservation area. The final quality of the development will however rest of the quality and suitability of the final external materials, and therefore it is considered necessary that further detail be provided for review and approval by way of condition.
- 6.3.5 On balance, the proposals would pose a neutral impact upon the character and appearance of the conservation area whilst representing good quality design, in compliance with General Policy 2 (b) & (c) and Environment Policies 35 and 42 of the Strategic Plan.

## - 7.0 CONCLUSION

7.1 The proposed development is considered to constitute a high standard of design, making a more efficient use of the site by provide additional and enhanced residential

- accommodation, whilst ensuring that the character and appearance of the Conservation Area would be preserved. The proposals are further considered to not result in a demonstrably adverse impact upon residential amenity, whilst providing a high standard of accommodation for future occupants. The proposals are therefore deemed compliant with General Policy 2 and Environment Policy 35 of the Strategic Plan (2016), and recommended for approval.
- 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) Manx National Heritage; and
- (c) The local authority in whose district the land the subject of the application is situated

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.

Decision Made : Permitted Date: 17.11.2022 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/25570-kirk-michael-tamarisk-replacement-demolition/documents/1033542*