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Application No.: 22/00253/CON Applicant: Mr Rik Sanchez-Talavera Proposal: Registered Building consent for demolition elements to PA 22/00252/B Site Address: Kenilworth Crossag Road Ballasalla Isle Of Man IM9 3DX Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.06.2022
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 proposal meets the tests of Section 18 of the Town and Country Planning Act 1999; General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, as well as Planning Policy Statement 1/01.
Plans/Drawings/Information; This approval relates to the Location Plan, Photographs and Drawing Nos. C/6338/1(B), C/6338/4 (A), C/6338/5 (B), date stamped and received 23 February 2022. _______________________________________________________________
Additional Persons
As this application for Registered Building Consent does not involve any proposed alterations to or immediately adjacent to a highway, Department of Infrastructure Highways Division are not judged to have sufficient interest in the subject matter of the application, and therefore should not be awarded Interest Party Status.
1.0 THE SITE - 1.1 The application site is the curtilage of Kenilworth, Crossag Road, Ballasalla which is a two storey cottage situated to the western side of the A26. The property is set back from the edge of the highway by a vehicle length and sits within its own grounds. To the north is the residential property of Woodlyn and to the south Thie Gennal. To the rear (west) of the site is a service laneway that serves the rears of these properties for pedestrian access and links through to a dwelling Abbey Church House. - 1.2 Kenilworth is a traditional two storey cottage with the front elevation facing south into the garden. The building is effectively bookended with prominent chimneys on both gable ends. From the highway the property is viewed gable end on with a pitched roofed masonry porch and lightweight timber glazed lean-to extending the porch. The detached flat roof garage is opposite the driveway that is linked to the dwelling house with a lightweight structure. The property is bounded by a tall Manx stone wall that connects to Thie Gennal. Parking is available for two cars on the driveway. - 1.3 The dwellinghouse features portrait shaped window reveals with timber sliding sash, single glazed windows and central glazing bars. The pitched roof is finished with asbestos tiles. To the front elevation (south) is a light weight lean-to glass house structure.
2.0 THE PROPOSAL - 2.1 The application seeks approval for Registered Building consent for the demolition elements relating to the application 22/00252/B. - 2.2 The demolition would involve the removal of the existing conservatory on the front (south) elevation, garage and lean-to link extension on rear (north) elevation, and lightweight timber glazed lean-to extension to the porch on side (east) elevation. The demolition works would enable the erection of a new rear extension, as well as re-establish the pitch roofed porch on the side elevation.
3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is in an area zoned as Predominantly Residential on the Area Plan for the South, and the site sits within the Silverdale Conservation Area. The site is not prone to flood risks and there are no registered trees on site, although the trees on the north-western boundary of the site form an extension which the registered tree area north of the site. Given the above, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: - 3.2 General Policy 1 states: "The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations." - 3.3 General Policy 2, which provides an overall requirement for all development, 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: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
3.4 Paragraph 7.29.2 Development proposals within Conservation Areas will be expected either to preserve or enhance their character or appearance. Development proposals should be in accordance with the Department's conservation policies set out in Planning Policy Statement 1/01, "Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man." There is generally grant assistance available to help in the use of appropriate materials and positive and appropriate development within Conservation Areas. - 3.5 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." - 3.6 Strategic Policy 4 states (in part) that "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;" - 3.7 Environment Policy 39 states: "The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area."
4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". - 4.2 Planning Policy Statement 1/01
4.3 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 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 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."
5.1 This application runs contemporaneously with PA 22/00252/B for alterations, erection of extension to replace existing garage and porch, installation of replacement windows and a detached shed. - 5.2 Other applications related to the application site and considered to be materially relevant to the current application are:
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is 'No Highways Interest' in the letter dated 11 March 2022. - 6.2 Malew Parish Commissioners have indicated that they have no objections to the application in a letter dated 6 April 2022. - 6.3 No comments have been received from neighbouring properties.
7.1 In assessing the proposed demolition, it is considered that the lightweight timber glazed lean-to extension to the porch, conservatory and garage are not registered. However, the Town and Country Planning Act 1999 requires that registered building consent be required for demolitions in Conservation Areas to safeguard the character and appearance of the areas (minded that some demolition work is not considered to constitute development needing an application). Therefore, the fundamental issue here is whether the removal of the existing structures and extensions would be detrimental to the overall character and appearance of the street scene and wider Conservation Area. - 7.2 The general presumption as stipulated by EP 39 will usually be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. In this case, the existing garage which has a flat roof construction and is joined to the boundary wall of the neighbouring property do not contribute much to the character of the area, considering it is located along a prominent section of the dwelling which fronts onto the abutting highway. - 7.3 The conservatory on its part, although positioned in front of the dwelling is not noticeable when passing the property given the orientation of the building which places it away from direct views and the nature of the boundary treatment (stone wall which rises to about
8.1 The proposed works are considered to have an acceptable impact on the wider Conservation Area and to accord with Environment Policies 35 and 39, and Planning Policy Statement 1/01. - 9.0 INTERESTED PERSON STATUS
9.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons:
9.2 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 the Head of Development Management 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 : 08.06.2022 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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