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Application No.: 23/00761/CON Applicant: Mr And Mrs Russell Terry And Julie Brenda Jane Phillips Proposal: Removal of chimney stack Site Address: 48 Patrick Street Peel Isle Of Man IM5 1BS Planning Officer: Mrs Vanessa Porter Photo Taken: 13.07.2023 Site Visit: 13.07.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.08.2023
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 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.
This decision relates to the following plans and drawings, date stamped received on 20th June 2023;
None _____________________________________________________________________________
Officer’s Report THE APPLICATION SITE
1.1 The application site is within the curtilage of No.48 Patrick Street, Peel which is a traditional end of terraced property situated to the Western side of Patrick Street. THE PROPOSAL - 2.1 This application is entwined with PA23/00760/B, which was works comprising of the below elements; "2.1 The current planning application seeks approval for the replacement of a rear ground floor window with french doors and the removal of a chimney stack to the rear."
2.2 Registered Building Consent is now sought for the demolition of the rear chimney stack. PLANNING HISTORY - 3.1 There is one previous application which is relevant in the assessment of this application, PA23/00760/B. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" under the Peel Local Plan 1989. The site isn't within a Flood Risk Zone but is within a Conservation Area. Given the nature of the application being for RB consent works in relation to PA23/00760/B it is most relevant to focus on those policies which relate specifically to demolition works within a Conservation Area and Heritage policies referenced in PPS 1/01.
4.2 The Strategic Policies which are the most applicable to this application are Strategic Policy 4 which seeks to protect or enhance Conservation Areas, Environment Policy 35 which seeks that the character and quality of the Conservation Area is protected against inappropriate development, Environment Policy 39 in connection with Paragraph 7.32.2 which seeks to retain building which make a positive contribution to the character or appearance of the Conservation Area. - 4.3 With regards to the Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man, the most relevant policy is CA/6. REPRESENTATIONS
5.1 The following representations can be seen online in full;
5.2 DOI Highways Services have written in to state, "Highways Development Control notes the application uploaded in the 30th June 2023 applications list and do not oppose this proposal. Advisory comments are applied where relevant, such as for licences to use the highway for equipment and material during works." (3.07.23) - 5.3 No comments have been received from Peel Town Commissioners at the time of writing this report. - 5.4 The Assistant Registered Buildings Officer has written in the state that they have no objections to the proposal. (12.07.23) ASSESSMENT
6.1 Whilst the property is not registered, the Town and Country Planning Act 1999 requires that demolitions in Conservations Areas have registered building consent to safeguard the character and appearance of the surrounding area. Therefore the key considerations in this case are whether the proposed works will adversely affect or change the character and nature of the building or the Conservation Area.
6.2 Overall the proposed works are situated to the rear elevation of which whilst views of the property is awarded from the industrial yard below and Peel Hill which is situated directly across from the site, both are either at such a distance that the views are not apparent (Peel Hill) or at an angle in which the works won't be apparent (industrial yard.) As such it is deemed that the proposed works whilst they might be apparent ultimately would not be impacting the Conservation Area as a whole. CONCLUSION - 7.1 Overall it is deemed that the demolition works will have a minimal impact upon the general streetscene and a minimal impact upon the Conservation Area, as such this Registered Building consent proposal accords with the Strategic Plan and Policy Statements as set out in 4.0 above, it is recommended for approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons:
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: 14.08.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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