DEC Officer Report

Application No.: 22/00962/GB Applicant: Mr Paul Douglas Proposal: Creation of an underground garage Site Address: Harold Tower Fort Anne Road Douglas Isle Of Man IM1 5BN Registered Buildings Officer: Mr Ross Brazier Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.11.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No development shall commence until a sample panel of all external facing materials to be used has been erected on site and approved in writing by the Department. The approved sample panel shall be kept on site for reference until the development is completed. The development shall not be carried out unless in accordance with the approved details. Reason: To ensure the satisfactory preservation of this registered building
• C 3. All external facing materials to be used shall match those of the existing building in respect of type, size, colour, bond, pointing, coursing, jointing, profile and texture. Reason: To ensure the satisfactory preservation of this registered building.
• C 4. Within the first planting season of the proposed garaging coming into operation two trees as shown on Proposed Site Plan and Elevations 1:100 P-01 shall be planted using native species and retained thereafter. Any trees indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: To ensure the provision of an appropriate landscape setting to the development. This application has been recommended for approval for the following reason. The proposals are considered to be in accordance with the Strategic Plan policies, Policies RB/3 AND RB/5 of Planning Policy Statement 1/01 and are acceptable. Plans/Drawings/Information;

This decision relates to the following: Drawings; Garage Site Plan 1:100 SK-01 Site plan with proposed extension 1:100 SK-02 Existing Site Plan and Elevations 1:100 EX-01 Proposed Site Plan and Elevations 1:100 P-01 Location Plan and Proposed Floor Plan1:100/ 1250 P-02 Additional Elevations 1:100 P-03 And Design Statement all received on 11th August 2022. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is the Registered Building, Harold Tower Fort Anne Road Douglas Registered Building Nos. 179. - 1.2 The Site is not located within a conservation area and is designated and is not located within a flood risk for tidal and river flooding, the house is not located in an area of surface water flooring although some of the grounds are possibly identified as a low risk of surface water flooding. THE PROPOSAL

2.1 The application seeks approval the creation of an underground garage PLANNING POLICY - 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 (3) Registered buildings: supplementary provisions

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016; Strategic Policy 4 General Policy 2

• Environment Policy 32
• Environment Policy 33
• Environment Policy 34

3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

- POLICY RB/3 - POLICY RB/4 - POLICY RB/5 POLICY RB/8

3.4 The designated land use for the site in the Area Plan for the East is mixed use.

PLANNING HISTORY

4.1 The site has been subject of a number of applications since being registered in 2000, relating to the replacement of windows and other alterations those considered of note to this case are the following;

• Reference Number: 21/00245/GB Status: Permitted Proposal: Demolition of existing pantry extension and the erection of a new tower and extension to create additional living accommodation (in association with 21/00246/CON)
• Reference Number: 21/00246/CON Status: Permitted Proposal: Registered Building consent for the demolition of existing pantry extension and the erection of a new tower and extension to create additional living accommodation (in association with 21/00245/GB) Registered Building Nos. 179

Reference Number: 20/00467/CON Status: Refused Proposal: Registered Building consent for alterations and extension to roof to create observatory room (in association with PA 20/00466/GB) Registered Building Nos. 179

Reference Number: 20/00466/GB Status: Refused Proposal: Alterations and extension to roof to create observatory room (in association with PA 20/00467/CON)

• Reference Number: 08/00660/B Status: Permitted Proposal: Erection of a detached dwelling and garden store

• Reference Number: 08/01951/B Status: Permitted Proposal: Erection of a detached dwelling and garden store (comprising amendments to PA 08/00660B)

Reference Number: 11/01198/B Status: Permitted Proposal: Erection of a dwelling (comprising amendment to PA 08/01951/B)

• Reference Number: 09/01852/GB Status: Permitted

• Proposal: Erection of a replacement sun lounge (comprising amendments to 08/01678/GB) (In association with 09/01853/CON)

Reference Number: 09/01853/CON Status: Permitted

• Proposal: Erection of a replacement sun lounge (comprising amendments to 08/01679/CON) (RB no 179 in association with 09/01852GB)

• Reference Number: 08/01678/GB Status: Permitted Proposal: Construction of a swimming pool structure enclosing existing external pool and erection of a replacement sun lounge (In association with 08/01679CON)

• Reference Number: 08/01679/CON Status: Permitted Proposal: Registered Building Consent for the construction of a swimming pool structure enclosing existing external pool and erection of a replacement sun lounge (Registered Building no 179 in association with 08/01678GB)

Reference Number: 17/01108/B Status: Permitted Proposal: Widening of an existing access Reference Number: 09/00582/B Status: Permitted Proposal: Construction of a replacement firefighting pump house and pipeline Reference Number: 20/01083/B Status: Permitted Proposal: Erection of protective fencing Reference Number: 05/92362/B Status: Permitted Proposal: Erection of a conservatory to rear elevation REPRESENTATIONS

• 5.1. Douglas Borough Council have raise no objections (02.09.22).

5.2 Highways Services stated the proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal (07.09.22).

5.3 No formal comments were received by DEFA Forestry however in verbal communication officers were satisfied that two replacement trees would be planted. ASSESSMENT - 6.1 Harold Tower Fort Anne Road Douglas Registered Building Nos. 179, a mid-19th Century villa possibly originally a folly with crenelated towers in a Romantic Gothick style.

6.2 The issues for the application are the preservation of the registered building, its setting or any features of special architectural or historic interest and the impact of the proposals on the amenity of the surrounding area.

6.3 The proposals are for the creation of an garage to be built within the sloping topography of the grounds, being built into the hillside with the land being regraded above to cover the roof of the garage, The door will be created within a new retaining wall that will incorporated into the existing gardening walling .

6.4 The proposed additions will result in the creation of a garage that will have minimal visual impact, due to the structuring being incorporated into the existing bank and covered with turf. The rebuilding of the retaining wall to incorporate the garage opening will result in minimal change to the bankside which is already faced with a retaining wall. The proposed works will still enable an appreciation of the building's form and architectural detail. Conditions will be applied to ensure the materials and detailing will match the existing wall and historic building.

6.5 The proposals will result in the loss of a tree but the applicants propose to plant two new native species trees to compensate this loss. - 6.6 The proposal given its siting within the grounds and hillside will not result in any impact upon the amenity of any neighbouring properties nor will it result in any overlooking or be visible from outside of the property.

CONCLUSION

7.1 The proposals are considered to be in accordance with the Strategic Plan policies, Policies RB/3 AND RB/5 of Planning Policy Statement 1/01 and is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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: 02.12.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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