**Document:** Planning Officer Report Recommendation **Application:** 09/01586/R — Part removal and alteration to existing wall a) Removal of the top, brick-built courses on the higher section of the wall proposed dwelling site APPROVED at appeal. b) Removal of the lower, angled section of walling, proposed dwelling site REFUSED at appeal. **Decision:** Permitted **Decision Date:** 2010-02-15 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/64141-german-proposed-dwelling-alteration-dwelling/documents/1391736 --- # Planning Officer Report Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ### Officer's Report #### The Site The application site comprises of a parcel of land located on the south west side of Factory Lane, Peel which is currently being developed under the provisions of planning permission 09/00775/B. The site originally housed The Old Bakery which was demolished in 2007 due to structural failure. There is a small single storey building immediately to the west of the site which appears to be part of a building, most of which has been demolished. The land to the south is presently in the process of being developed. ## The Proposal The application proposes the part removal and alteration of an existing wall which is to the north west of the building under construction. Following correspondence between the applicant's agent and the Building Conservation Officer, the proposal has been amended so as to reduce the amount of wall being removed. The wall is constructed predominantly from sandstone and steps down in height, terminating with the lowest section being angled towards the site. The proposal includes the removal of the lowest section and the removal of a top section (see drawing). The remaining wall would then be bonded where necessary and the top would be capped. ### Planning Status The site lies within an area identified as Mixed Use on the Peel Local Plan (Planning Circular 3/89) and within the Peel Conservation Area. The following Strategic Plan policies are considered relevant in the assessment and determination of this application: General Policy 2 which states that: "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 (inter alia): - (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; - (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; - (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; - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan." Environmental Policy 35, which 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." ### Planning History The following previous planning application should be considered in the assessment and determination of this application: PA08/00946/B sought approval for the erection of dwelling. This was permitted. PA09/00775/B sought approval for the erection of a dwelling (comprising amendments to 08/00946/B. This was permitted. ### Representations The Department of Transport Highways Division have no objection to the planning application. Peel Town Commissioners recommend that this planning application be approved. The owner/occupier of 3 Mews Cottages, Factory Lane, Peel object to this application on the grounds that the sandstone wall is part of the conservation area and should not be removed and that the applicants do not have a right of way over their land. A further representation has been received following the advertising of amended plans. It is stated that the objection to the removal of the wall remains in place. Shoprite (Isle of Man) Limited object to this application stating that the development may allow vehicular access which may restrict access to the rear of their property. The owner/occupier of 19 Beach Street objects to this application indicating that the wall should not be removed due to its age and that the applicants do not have permission to use their land. ## Assessment / Recommendation The main issues to be assessed in the consideration of this application are whether the removal of part of the existing wall would represent inappropriate development which would be detrimental to the conservation area. The issues relating to private property rights are not material planning considerations. Environmental Policy 35 sets out the policy context for development within conservation areas and is therefore applicable to this application which proposed alterations and the part removal of a sandstone wall which is judged to represent a special feature which contributes to the character and quality of the surrounding area. Whilst the policy clearly provides protection for certain features within conservation areas, it does not preclude development or alterations to such features where these would not adversely affect the surrounding area. The policy specifically refers to "features which contribute to the character and quality of the surrounding area". It is not disputed that the wall is such a feature however a site visit ascertained that part of the top section is constructed of brick and it is judged that this section does not add to the quality of the wall as a feature or the wider surrounding area. The removal of this section would not be detrimental to the character of the conservation area as the majority of the wall would be retained and its structural stability improved and the substandard section would be removed. The lower return section of the wall has been partly removed however it is judged that, on balance this aspect of the proposal would not in itself cause harm to the surrounding area. It is unfortunate that the ongoing construction works associated with the erection of the approved dwelling has caused disruption to adjacent landowners. However this is not normally a reason to withhold planning permission and it is judged that the implementation of this proposal would not add significantly to the disturbance encountered by neighbours given the level of development proposed. With regards to concerns raised in relation to rights of way and property ownership, these are not a material planning issue and cannot form a basis from which to refuse this application. It is concluded that given the extent of works proposed, the fact that the majority of the wall would be retained, with the exception of the substandard top section and the lower return section, and that the wall's overall structural condition would be improved, the application is acceptable. ### Conservation Officer'S Supplementary Report: Boundary walls are an intrinsic part of the character of any Conservation Area, especially Peel, where they are formed in the local red sandstone. Following a site visit with the Area Planning Officer to view the subject of this application, it was considered that with some modification, the application could be acceptable. It was considered that if the modern, poor quality brickwork evident to a section of the top of the wall were to be removed, the lower return section be removed and the wall suitably capped, this would be a suitable compromise which would maintain the more historic part of the boundary wall. The applicant's agent was informed of this and the application amended. Those amendments are considered to preserve and enhance the conservation area and are therefore acceptable. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status: Peel Town Commissioners The Department of Transport Highways Division The Department of Transport Highways Division have no objection to the planning application. The owner/occupier of 3 Mews Cottages, Factory Lane, Peel Shoprite (Isle of Man) Limited The owner/occupier of 1 Mews Cottages, Factory Lane, Peel, a Accordingly, the following are not afforded interested party status: The owner/occupier of 19 Beach Street which does not directly adjoin the application site **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 20.01.2010 **Conditions and Notes for Approval / Reasons and Notes for Refusal** **C : Conditions for approval** **N : Notes attached to conditions** **R : Reasons for refusal** **O : Notes attached to refusals** C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to the part removal and alteration to existing wall as shown by Location Plan, Site Plan, 65.8.09, Photographs and Glasspool all received 28th September 2009 and 66.9.09 Rev A received 30th November 2009. C 3. For the avoidance of doubt, only those sections of wall proposed to be removed by drawing 66.9.09 REV A may be removed under the provisions of this planning permission. I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer **Decision Made :** Permitted **Date :** 11/21/10 **Signed :** [Signature] Senior Planning Officer --- *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/64141-german-proposed-dwelling-alteration-dwelling/documents/1391736*