**Document:** DEC Decision Notice **Application:** 13/00643/B — Demolition of ground floor kitchen extension to rear elevation **Decision:** Permitted **Decision Date:** 2013-07-03 **Parish:** Rushen **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/4468-rushen-regent-house-demolition-extension/documents/911075 --- # DEC Decision Notice ## Isle of Man Government *Railtge Ellen Vanpye* Quay Design Ltd. 5 The Quay Port St Mary IM9 5EA ### Town and Country Planning Act 1999 #### The Town and Country Planning (Development Procedure) Order 2005 In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to **APPROVE** a planning application by Mr John Ross-Munro, Ref 13/00643/B, for the Demolition of ground floor kitchen extension to rear elevation at Regent House Promenade Port Erin Isle Of Man IM9 6LE subject to compliance with the following **condition(s)**: 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. **Reason:** To accord with the provisions of Section 13(1) of the Town and Country Planning (Development Procedure) Order 2005. 2. The development hereby permitted shall not be carried out except in full accordance with the following plan 1623-01 received on 31st May 2013. **Reason:** This is a standard condition to ensure that the development is undertaken in accordance with the approved plans. Date of Issue: 3rd July 2013 *M Kallayher* Director of Planning and Building Control #### Guidance Note This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice. An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department. The proposed development must not be commenced until either; - The time for requesting an appeal has expired; or - Any appeal has been determined; Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice. Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im ## Planning Officer Report And Recommendations [Table omitted in markdown export] Case Officer: Mr Chris Balmer Photo Taken: 13.06.2013 Site Visit: 13.06.2013 Expected Decision Level: Officer Delegation ## Officer's Report 1.0 THE SITE 1.1 The application site is the curtilage of Regent House, The Promenade, Port Erin which is a four storey mid terrace property situated to the eastern side of the highway. The building was once used as a guest house and a dwelling but very recently the ground floor has been converted for use as a children's nursery with the upper floors retained as a single dwelling/flat. 1.2 To the southern side of the dwelling house the application site adjoins a building which is used as holiday apartments. To the northern side adjoining the application site is a building used as flats. 1.3 To the front of the property is The Promenade and beyond that there is an area of green open space before reaching the lower promenade. 1.4 There is no parking within the curtilage of the dwelling house but there is unrestricted parking available on the Promenade. There is a small yard area to the rear of the property. 2.0 THE PROPOSAL 2.1 The application seeks approval for the demolition of ground floor kitchen extension to rear elevation. 3.0 PLANNING HISTORY 3.1 The following previous applications are considered specifically material in the assessment of the current application: 3.2 Change of use of existing ground floor nursery to living accommodation - 13/00002/C - APPROVED 3.3 Variation of condition 3 of approved nursery business (12/00406/C) to allow extended opening hours -12/01341/C - APPROVED (11.05.2012) 3.4 Change of use of ground floor from residential to a Nursery - 12/00406/C - APPROVED 4.0 DEVELOPMENT PLAN POLICIES 4.1 On the Area Plan for the South the application site is in an area zoned as "Predominantly Residential". It is consider General Policy 2 of the Isle of Man Strategic Plan (20th June 2007) is the most relevant policy. 4.2 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: a) Is in accordance with the design brief in the Area Plan where there is such a brief; 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; d) Does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; e) Does not affect adversely the public views of the sea; 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; j) Can be provided with all necessary services; k) Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; I) Is not on contaminated land or subject to unreasonable risk of erosion or flooding; m) Takes account of community and personal safety and security in the design of buildings and the spaces around them; n) Is designed having due regard to best practice in reducing energy consumption." ## 5.0 Consultations 5.1 Port Erin Commissioners support the application. #### 6.0 Assessment 6.1 The application proposes the removal of the existing single storey kitchen extension creating an enlarged yard area. The existing kitchen is set below the rear lane floor level and consequently the main aspect of the structure which is currently apparent is the slate pitch roof. The proposal would remove this part of the existing building which is not of any architectural merit, nor does it add to the charter or quality of the individual building or the street scene. 6.2 Overall, it is considered the proposal would comply with General Policy 2 of the Isle of Man Strategic Plan. #### 7.0 Recommendation 7.1 For the above reasons the application is considered to be acceptable and is recommended for approval. #### 8.0 Party Status 8.1 The local authority, Port Erin Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. ## 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. Reason: To accord with the provisions of Section 13(1) of the Town and Country Planning (Development Procedure) Order 2005. ### C 2. The development hereby permitted shall not be carried out except in full accordance with the following plan 1623-01 received on 31st May 2013. Reason: this is a standard condition to ensure that the development is undertaken in accordance with the approved plans. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made: Permitted Date: 2.7.13 ### Determining officer (delete as appropriate) Signed: [Handwritten Signature] Anthony Holmes Senior Planning Officer Signed: [Handwritten Signature] Sarah Corlett Senior Planning Officer Signed: [Handwritten Signature] Michael Gallagher Director of Planning and Building Control Development Control Manager PA13/00643/B Mr John Ross-Munro Demolition of ground floor kitchen extension to rear elevation, Regent House Promenade Port Erin Isle Of Man IM9 6LE Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 04.06.2013, includes; Listed Buildings: Address: Regent,Promenade,Port Erin,Isle Of Man,IM9 6LE Grade: Conservation Grant application Description: Grant Application for replacement windows & door Reference Number: 06/00061/HB Dev Control Polygons: Reference Number: 13/00002/C Status: Permitted Proposal: Change of use of existing ground floor nursery to living accommodation Reference Number: 12/00406/C Status: Permitted Proposal: Change of use of ground floor from residential to a Nursery Reference Number: 06/01168/B Status: Permitted Proposal: Installation of dormers on front and rear elevations Reference Number: 12/01341/C Status: Permitted Proposal: Variation of condition 3 of approved nursery business (12/00406/C) to allow extended opening hours Reference Number: 85/00440/D Status: Permitted Proposal: Erection of an illuminated box sign, Regent House, The Promenade, Port Erin Reference Number: 85/00381/B Status: Permitted Proposal: Addition of 5 en-suite bathrooms, Regent House, The Promenade, Port Erin Reference Number: 08/01631/B Status: Permitted Proposal: Installation of replacement windows BC Case Polygon: Reference Number: 12/07125/OTH BC Case Status: Building Work Complete Proposal: Change of use of ground floor from Guest House to Nursery Reference Number: 12/07550/DEX BC Case Status: Plans Approved Proposal: Change of use of ground floor from nursery to dwelling Reference Number: 06/07293/DEX BC Case Status: Building Work Complete Proposal: Installation of a pitched roof dormer window to front elevation and flat roof dormer window to rear elevation --- *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/4468-rushen-regent-house-demolition-extension/documents/911075*