**Document:** DEC Officer Report **Application:** 24/00078/C — Registered Building consent for demolition elements to PA 24/00077/B **Decision:** Permitted **Decision Date:** 2024-05-24 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/31638-malew-40-malew-demolition/documents/1054541 --- # DEC Officer Report ## PLANNING OFFICER REPORT AND RECOMMENDATION **Application No.:** 24/00078/CON **Applicant:** Mr David & Mrs Jocelyn Callister **Proposal:** Registered Building consent for demolition elements to PA 24/00077/B **Site Address:** 40 Malew Street Castletown Isle Of Man IM9 1AF **Planning Officer:** Hamish Laird **Photo Taken:** 28.02.2024 **Site Visit:** 28.02.2024 **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 23.05.2024 ## 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 Registered Building application for the removal of the existing ground floor sun lounge and kitchen located to the rear of the dwelling is acceptable in terms of the impact on the character, fabric and setting of the RB, in that they 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 main dwelling on the site. The proposed works, including those for the replacement kitchen and living room extension would not unduly impact on the use and enjoyment of neighbouring properties; or, adversely impact on highway safety; and 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. Plans/Drawings/Information; The development, hereby approved, shall be carried out strictly in accordance with the following approved plans and documents. Namely: Drawing No.2308/01 - Location Plan; Drawing No.2308/03 - Proposed Plans, Section & Rear Elevation; Architects Design Statement - January, 2024; as date stamped received 26th January, 2024. _______________________________________________________________ ## Interested Person Status Additional Persons None. _____________________________________________________________________________ ## Officer’s Report 1.0 THE APPLICATION SITE - 1.1 The property is a traditional Manx terraced three storey stone built dwelling at No.40, Malew Street, Castletown. It is located within an area designated on the Area Plan for the South - Castletown, as being in 'predominantly residential' use and it is also within the Castletown Conservation Area. The site is not within a Flood Risk Area. The front and rear elevations are painted render with a natural slate roof and a rendered chimney stack. There are white UPVC casement windows throughout. The property fronts directly on to Malew Street, and to the rear of the site is a private garden bounded by high stone walls with a gateway to a designated parking area and rear lane which is accessed from Hope Street. - 1.2 The rear of the property has been extended in the past to create a single storey kitchen with a mono-pitched roof and a detached sun room with a flat roof which can only be accessed from the garden. Both are of relatively poor construction and do not integrate well with the main living accommodation or enhance the character of the property. The detached nature of the sun room means that it is infrequently used and only during the warmer months. Generally the rear elevations of adjacent properties along Malew Street have been modernised and extended over the years with a varied mix of extensions, terraces, balconies and outbuildings. It is noted that the rear of the property is not directly overlooked or clearly visible from public view despite being in the heart of the town. 2.0 THE PROPOSAL - 2.1 The 24/00078/CON application seeks approval for: "Registered Building consent for demolition elements to PA 24/00077/B at 40 Malew Street, Castletown, Isle of Man. - 2.2 The 24/00078/CON application involves: The demolition of the existing rear ground floor sunroom extension, and the demolition of the rear kitchen extension under a mono-pitched roof. The removal of these existing elements form the rear of the property would enable the extension of the dwelling via the PA 24/00077/B proposals for the addition of a new single storey kitchen/living extension to the rear of the dwelling, to occur. 3.0 PLANNING HISTORY - 3.1 There are four previous planning applications relating to the property: 89/00690/B - Rebuilding of existing kitchen extension. 40 Malew Street, Castletown. Approved - 1.1.94. 03/01487/B - Alterations and extension to dwelling to provide additional living accommodation with sun room and balcony over, to rear of - Permitted - 23.12.2003. 05/92384/R - Replacement of existing clear corrugated roof with a clear polycarbonate roof and installation of two uPVC windows and double French doors to replace existing window and door) (retrospective) - permitted - 02.03.2006. 20/00352/C - Additional use as Tourist Accommodation - permitted - 19.05.2020. 24/00077/B - Replace existing single storey kitchen extension and garden room with new single storey kitchen/living extension to the rear of the dwelling (Partner application to PA24/00078/CON) - Pending consideration. 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 South (2013). The application site is within the Castletown 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, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 5.0 REPRESENTATIONS - 5.1 Castletown Commissioners - No comments received by the Report drafting stage (23/5/24). - 5.2 DoI Highway Services - No comments received by the Report drafting stage (23/5/24) - see comments on file ref: 24/00087/B. - 5.3 No third party representations have been received. 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 should 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 replacement of the existing single storey kitchen extension and garden room with new single storey kitchen/living extension to the rear of the dwelling that will open onto the landscaped courtyard garden. A central hall will act as a hub to link the living room, kitchen extension and staircase which leads to the bedrooms. The proposed extension would be built against the rear elevation across the full width of the site. A shallow mono-pitched roof will be finished with a metal standing seam roof incorporating 4 no. low profile roof lights. Dark grey bi-fold doors will allow access to the rear garden and the walls will be a painted smooth render finish to match the existing property. The element of the proposals to employ a shallow mono-pitched roof should provide a coherent internal space that links the kitchen and dining areas. It should also overcome what could be difficult details and junctions if a more traditional pitched roof were considered due to the varying 'ins and outs' of the rear of the building and conflict with the first floor windows. - 6.3 The removal of the existing sun lounge and kitchen is considered to be acceptable in terms of its impact on the character, fabric and setting of the RB, because these are relatively modern additions to the building and do not contain much in the way of historic fabric, the retention of which would be essential in respect of the RB status of the property. - 6.4 In visual terms regarding the elements to be removed, 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, the replacement of the single storey kitchen extension and garden room with a new single storey kitchen/living extension to the rear of the dwelling as shown on the submitted drawings is 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 for the removal of the existing ground floor sun lounge and kitchen located to the rear of the dwelling is acceptable in terms of the impact on the character, fabric and setting of the RB, in that they 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 main dwelling on the site. The proposed works, including those for the replacement kitchen and living room extension would not unduly impact on the use and enjoyment of neighbouring properties; or, adversely impact on highway safety; and 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 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: 24.05.2024 Determining officer Signed : C BALMER Chris Balmer 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. --- *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/31638-malew-40-malew-demolition/documents/1054541*