**Document:** Planning Officer Report and Recommendation
**Application:** 08/02346/B — Demolition of existing building and erection of new dwelling
**Decision:** Refused
**Decision Date:** 2009-03-24
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/86730-braddan-15-north-demolition-new-build/documents/1536998

---

# Planning Officer Report and Recommendation

## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations

### Officer's Report

#### The Site

The application site is the curtilage of No.15 North Quay, which is located on the Northern side of North Quay. The site is zoned as mixed use, particularly Town Centre, in the Douglas Local Plan 1998. The site is also located within a Conservation Area.

#### Proposed Development

The application is seeking a permission to demolish the existing building and to erect a dwellinghouse. The dwelling will be 4.85m in width and 14.9m in length. The height of the dwelling will be 15.8m. The dwelling will have a central glazed section on the front elevation which will be 2.7m in width and 11.7m in height. The dwelling will have a white or cream coloured smooth render finish.

## Planning Status And Relevant Policies

Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policy 4, General Policy 2, Environment Policies 35 and 39, Housing Policy 6.

Environment Policy 35 states that "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 he special features contributing to the character and quality are protected against inappropriate development."

Environment Policy 39 states that "The general presumption will be in favour of retaining buildings which make a positive contribution to the character and appearance of the Conservation Area."

Housing Policy 6 states that "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."

Section 18 (4) of the Town and Country Planning Act 1999 states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."

Within Planning Policy Statement 1/01, the following policies are considered to be relevant in the determination of this application: Policy CA/2 and CA/6

Policy CA/2 states that "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."

Policy CA/6 states that "Any building which is located within a conservation area and which is not an exception as provided above may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character and appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, in particular of the wider effects of the demolition on the building's surroundings and on the conservation area as a whole."

## Planning History

The following previous applications are considered relevant in the consideration of this application:

08/01764/B – Change of use from a shop with living accommodation to a dwelling and the erection of extension to rear elevation – granted 20th February 2009

06/00369/B – Creation of three apartments, alterations to existing shop and shop front to include basement as retail, erection of rear lobby extension and installation of rear dormer – granted 20th June 2006.

05/02012/B – Creation of three apartments, alterations to existing shop and shop front to include basement as retail, erection of extension to rear to provide lobby – refused 29th December 2005

96/00529/A – Approval in principle for conversion of existing property to retail ground floor, office accommodation first floor and living accommodation second and third floors – granted 9th August 1996

96/00242/A – Approval in principle for conversion to offices ground and first floors, with living accommodation on second and third floors – refused 25th June 1996

94/01150/C – Change of use to retail sale of hot food, granted at appeal on 22nd September 1995.

### Representations

Douglas Borough Council have objected on the grounds that it would not be in keeping with the adjoining buildings.

Highways Division of the Department of Transport do not object to the application. They have attached a note which says "No parking provision provided however this is a conservation area with residents parking permits available."

Manx National Heritage notes that the replacement structure would be higher than the existing building and thus taller than the neighbouring properties of No's 12, 13, and 14, which share a common roof profile and ridge height. They believe the proposal is inappropriate in the context of the Conservation Area designation. The predominantly glazed façade and gable-on orientation of the roofline are particularly intrusive when seen in the context of the surrounding buildings, their form and height.

Manx National Heritage are particularly conscious of the recent decision relating to the former Riley's building, 12 North Quay (PA07/1304 refers) and to the Minister's comments attached to the appeal decision. They note that permission was only given for the demolition of No 12 following the production of compelling engineering evidence of its poor structural condition, and that the Minister specifically states that, "his decision should not be seen as supporting generally other proposals for erecting replacement buildings in Conservation Areas". They also note that the replacement building on the site of No 12 is to be of a generally traditional appearance and form, and that its roofline is designated to be of the same height as its neighbours, Nos 13, 14 and 15.

A resident of Port Soderick considers the proposal is too tall and the design would seriously offend Environment Policy 35.

Standard comments have been received from the Drainage Department of Douglas Borough Council.

### Assessment

Procedural Matter – Procedural Matter – Section 19 of the Town and Country Planning Act 1999 deals with the control of demolition in conservation areas. This imposes a requirement for consent for the demolition of non-registered buildings in conservation areas that is comparable to the control that exists over the demolition of registered buildings. It should be noted that a separate application for Registered Building Consent has not be submitted to the Planning Authority for consideration.

The assessment of this application can be split into two distinctive elements. These are; (a) the acceptability of demolishing a building within a Conservation Area and its impact within the context of the Conservation Area; and

- (b) the acceptability of the replacement building within the context of the Conservation Area.

Firstly, it is important to consider Environment Policy 39 of the Isle of Man Strategic Plan 2007 which states that "The general presumption will be in favour of retaining buildings which make a positive contribution to the character and appearance of the Conservation Area."

Policy CA/6 of Planning Policy Statement 1/01 (PPS 1/01) provides further guidance in how to assess this application. The policy states "Any building which is located within a conservation area and which is not an exception as provided above may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character and appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, in particular of the wider effects of the demolition on the building's surroundings and on the conservation area as a whole."

Therefore, the application should be assessed against similar criteria to that as set out in Policy RB/6 of PPS1/01. It is useful to understand what criteria are used in Policy RB/6. The policy sets out the following considerations:

- "The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long-term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces that in an age of rapid change may outlast the short lived and inflexible technical specifications that have sometimes shaped new developments. Any assessments should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair;"

- "The adequacy of efforts made to retain the building in use. An applicant must show that real effort has been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building's condition."

- "The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them."

The applicant has not carried out any proper assessment to justify the demolition of the building in relation to the Conservation Area Policy in PPS 1/01 or Environment Policy 39 of the Isle of Man Strategic Plan 2007. The applicant must show that efforts have been made to retain the building in use in accordance with the conservation area policies. There is no evidence within the application to show that the buildings can not be made, without success, to continue the present use, or to find new uses for the building. It is considered that the demolition of the building is unwarranted and its loss would adversely affect the character and appearance of the Conservation Area and the visual

amenities of the locality. It should be noted that planning permission (08/01764/B) has been granted for the change of use from a shop with living accommodation to a dwelling and the erection of extension to rear elevation, which shows the building can be used for a new use.

The second part of the assessment is whether the proposed building would either preserve or enhance the character and appearance of the Conservation Area. The replacement building is not similar in architecture or style to the existing building. The proposed building is 6m taller when measure from the existing eaves height and 3.2m taller than the existing ridge height. The roof of the dwelling is completely at odds with the rest of the roofs of the neighbouring property by rotating the roof slope by 90 degrees, which creates a gable onto the North Quay frontage. The proposed dwelling will become a prominent and incongruous feature within the streetscene, which is out of proportion and out of keeping with the neighbouring properties. The overall design of the dwelling is not sympathetic to the character and appearance of the Conservation Area. It is considered that the proposed building would not preserve or enhance the character and appearance of the Conservation Area and would be detrimental to the visual amenities of the locality.

The other principal issues in assessing this application are a) Land use, b) Parking provision and c) the impact on neighbouring properties. The following paragraphs deal with these issues in the above order, followed by consideration of other matters of detail.

### Land Use

The proposed redevelopment would compatible with the area since the area is zoned as mixed use in the Douglas Local Plan. It is considered the principle of developing the site for residential use to be acceptable in this locality.

### Parking Provision

In respect of the car parking provision for the new dwellinghouse, Transport Policy 7 of the Isle of Man Strategic Plan states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." The car parking standard for a typical residential development is 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling. The site cannot physically provide any car parking spaces within the submitted scheme.

This standard is taken from Appendix 7 of the Isle of Man Strategic Plan 2007. However, the car parking standard for town centre and brownfield residential development states that the typical residential standard may be relaxed in accordance with paragraph A.7.1.

Paragraph A.7.1. states that "New-built residential development should be provided with two parking spaces per dwelling, at one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre previously developed sites, the Department will consider reducing this requirement having regard to:

- (a) the location of the housing relative to public transport, employment and public amenities;
- (b) the size of the dwelling;
- (c) any restriction on the nature of the occupancy (such as sheltered housing); and
- (d) the impact on the character and appearance of the surrounding area."

The applicant has not demonstrated that the reduced level of parking will not result in unacceptable on-street parking in the locality; however, it must be acknowledged that the site is situated within a town centre location and close too local amenities.

In summary, the proposal does not accord with the policies in the Strategic Plan. However, the site is located within a town centre location where the provision for car parking within developments will be limited. It is considered that the no provision of parking for the dwelling is acceptable.

### Impact On Neighbouring Properties

In respect of the impact on No.16 North Quay, the application site is set to the west of the neighbouring property. The ground floor of the property is in commercial use; while, the upper floors of the building are in a residential use. The nearest windows to the boundary of the application site which serve a stairway within the flat. These are non-habitable areas within the flat. The proposed

building will be project 7.7m beyond the rear elevation of No.16 North Quay. It is considered the proposal will not result in any overshadowing, loss of light and visual intrusion.

In respect of the No.14 North Quay, the application site is set to the east of the neighbouring property. The ground floor of the property is in commercial use; while, the upper floors of the building are in a residential use. There are a couple of windows on the rear elevation which serve non-habitable rooms. It is considered the impact on No.14 North Quay to be minimal.

### Other Matters

The notes suggested by consultees are not material planning considerations and for that reason are not attached to the report, as part of the recommendation.

### Recommendation:

It is recommended that this application be refused for the above reasons.

### Party Status

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

Manx National Heritage has commented on planning matters and has sufficient interest in the historic environment and therefore should be afforded party status in this instance.

Mr Jessop of Seacliffe, Old Castletown Road, Port Soderick, given his distance from the application site is not granted Interested Party Status under the provisions of Planning Circular 1/06.

In summary, 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:

- Douglas Corporation
- Highways Division of the Department of Transport
- Manx National Heritage

Accordingly the following parties are not afforded interested party status: Mr Jessop of Seacliffe, Old Castletown Road, Port Soderick

### Recommendation

Recommended Decision: Refused

Date of Recommendation: 16.03.2009

### Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

R 1.

The proposed redevelopment of the site would be contrary to Policy CA/6 of Planning Policy Statement 1/01 and Environment Policies 35 and 39 of the Isle of Man Strategic Plan 2007 in that no proper assessment has been carried out to assess the merits/justification for the demolition of the existing building. It is considered that the demolition of the existing building would adversely affect the character and appearance of the Conservation Area.

R 2. The proposed development would be contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Policy Statement 1/01 by reason of its height, design, massing and external appearance in that it would introduce a prominent and incongruous development within the streetscene which would not preserve or enhance the character and appearance of the Conservation Area and would be detrimental to the visual amenities of the locality.

I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer), GC 55/08 for Advertisements and 69/08 for Registered Buildings.

Decision Made : Refused Date : 19/3/09

Signed : 
Acting 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/86730-braddan-15-north-demolition-new-build/documents/1536998*