DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/00315/CON Applicant: Ms Angela Hall-Smith Proposal: Registered Building consent for demolition elements to PA 21/00314/B Site Address: 7 - 9 Station Road Peel Isle Of Man IM5 1AY Senior Planning Officer: Mr Jason Singleton Site Visit: 29.04.2021 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 26.05.2021 _________________________________________________________________

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.

It is concluded that the planning application would not harm the use and enjoyment of neighbouring properties and would not result in the loss of a building of particular merit or interest. The development would therefore comply with General Policy 2 and Environmental Policies 35 and 39 of the Isle of Man Strategic Plan 2016, RB/6 and CA/6 of the Planning Policy Statement 1/01.

Plans/Drawings/Information;

This approval relates to drawings submitted digitally and received on; 1st April 2021 referenced; Site Plan, Location Plan, ex1, 45691_C, existing photographs.

_______________________________________________________________ Interested Person Status – Additional Persons

DoI's Flood Risk Management Division is a Government Department which has raised material planning considerations and as such should be afforded Interested Person Status in this case. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of 7-9 Station Road, Peel, an existing three storey mid terrace dwelling situated on the southern side of the main road and adjacent the traffic light junction with Station Place. Adjacent to the site is an attached garage with pedestrian entrance that serves the rear. Off the main rear elevation is a single storey flat roof extension and enclosed yard area. - 1.2 Station Road is part of the Peel Conservation Area; it is also a well-used route through the town. The existing property fronts directly on to the road and is finished in traditional timber frame sliding sash opening windows throughout the front façade.

2.0 THE PROPOSAL - 2.1 Proposed is the demolition of the existing single storey extension on the rear elevation and in its place the erection of a single storey replacement sunroom / utility room with a pitched tiled roof and finished to match the dwellinghouse. (This application is read in association with 21/00314/B).

3.0 PLANNING POLICY - 3.1 The application site is within an area recognised as "Mixed Use" identified on the Peel Local Plan 1989. It is also within the Peel Conservation Area. The site is not identified as being within an area of flood risk on DoI's flood risk maps. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 3.3 Strategic Policy 4 Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2) , buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. - 3.4 General Policy 2 (GP2) (in part) 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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality;

3.5 Environmental Policy 35 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. - 3.6 Within Section 7.32 - Demolition in Conservation Areas of the IOMSP, the following text is all relevant and informs Environment Policy 39 (below):

"7.32.1 Under Section 19 of the 1999 Town and Country Planning Act, Conservation Area designation introduces control over the demolition of most buildings within Conservation Areas...

• 7.32.2 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. When considering proposals which will result in demolition of a building in a Conservation Area, attention will be paid to the part played in the architectural or historic interest of the area by the relevant building and the wider effects of demolition on the building's surroundings and on the Conservation Area as a whole. In addition, consideration will be given to:

• o the condition of the building;
• o the cost of repairing and maintaining it in relation to its importance and the issue derived from its continued use (based on consistent long-term assumptions);
• o the adequacy of efforts made to retain the building in use;
• o the merits of alternative proposals for the site."

3.7 Environment Policy 39 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. - 3.8 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man state: - 3.9 POLICY RB/6 DEMOLITION "There will be a general presumption against demolition. … Consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of a historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:

• o 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 assessment 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;
• o The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have 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.
• o 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 a 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."

3.10 POLICY CA/6 DEMOLITION "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 or 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 is 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 new 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, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole."

4.0 PLANNING HISTORY - 4.1 18/01109/LAW - Application for certificate of Lawful Development for the installation of two replacement rear windows, patio door and window and roofing works. Development Approved. - 4.2 12/00230/B - Installation of replacement garage door. Approved.

5.0 REPRESENTATIONS - 5.1 Peel Town commissioners were wrote to on the 19 April 2021 and at the time of writing no comments had been received. - 5.2 Highways Services have commented (30/04/21) with no objection - 5.3 DoI Flood Risk Management Team have commented (06/05/21) with No Flood Risk Management Interest.

6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are whether the existing lean-to building should be retained as its makes a positive contribution to the character or appearance of the Conservation Area. - 6.2 In the planning application it was considered that the removal of the building would be acceptable and its replacement deemed to have a neutral impact on the conservation area. The existing building is in a poor state of repair and is not an original form of development, rather an 'add on' in the past. Its design, finish and appearance could be considered to have an adverse impact on the existing two storey principal building. Therefore in relation to the demolition, there are no concerns as it is considered the merits of alternative proposals are beneficial within Conservation Area and the site.

7.0 CONCLUSION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.

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) The owner and the occupier of any land that is the subject of the application;
• (c) Manx National Heritage; and
• (d) 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: 27.05.2021 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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