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Application No.: 22/01161/CON Applicant: Mr & Mrs Stuart & Heather Blackley Proposal: Registered Building Consent for the demolition of front elevation wall, rear outrigger and rear boundary wall (in association with 22/01160/B) Site Address: 37 Michael Street Peel Isle Of Man IM5 1HD Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.10.2022
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 proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the proposals preserve the character of the conservation area. The application also meets the tests of strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved. The application is therefore judged to be acceptable.
Plans/Drawings/Information;
This decision relates to drawings 1059-001, 1059-002 and 1059-003, together with the other information submitted on 14th September 2022. _______________________________________________________________
Additional Persons
It is recommended that the Department of Infrastructure Highways Division should not be awarded Interested Party Status as their comments do not meet the tests within paragraph 2 of the Policy. _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is 37 Michael Street, Peel. The property is a two storey pitched roof mid terrace building with a commercial unit at ground floor level and a residential apartment at first floor level. The property has a single storey rear outrigger and boundary wall in exposed local sandstone. The property is located in the Peel Conservation Area.
2.0 THE PROPOSAL - 2.1 This application seeks registered building consent to demolish the front elevation wall, rear outrigger and rear boundary wall. The application has been submitted in tandem with application 22/01160/B which proposes to rebuild the front wall of the property, construct a new storey outrigger and rebuild the boundary wall.
(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.
(3) A building to which this section applies may not be demolished without the consent of the Department; and accordingly sections 15 and 16 apply to such a building as they apply to a registered building, subject to such modifications as may be prescribed by regulations.
3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
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;
Environment 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.
3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS 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.
4.0 PLANNING HISTORY - 4.1 The only previous planning application that infringes the site is an application at 41 Michael Street in 1998 for the conversion of first floor residential accommodation to office use.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application. (12.10.2022).
6.0 ASSESSMENT - 6.1 The issue here is whether the proposals would preserve or enhance the special character of the Peel Conservation Area. - 6.2 The application proposes to demolish the property's front elevation wall, rear outrigger and rear boundary wall. The concurrent application 22/01160/B proposes to rebuild the front elevation wall, construct a two storey rear outrigger and to rebuild the boundary wall. Given that the front elevation is proposed to be rebuilt in a sympathetic manner, and the rear boundary wall is proposed to be rebuilt using local sandstone reclaimed from the demolition, it is judged that the character of the conservation is being preserved by the application.
7.0 CONCLUSION - 7.1 It is judged that the proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the conservation area is being preserved. It is also judged that the application meets the tests of strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved. It is therefore recommended that the application be approved.
8.0 INTERESTED PERSONS STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:
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: 25.10.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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