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Application No.: 19/00275/CON Applicant: Mr Richard Cassidy & Ms Nadine Lewis Proposal: Registered Building consent for the demolition elements relating the application 19/00257/B Site Address: Westmore 35 Arbory Street Castletown Isle of Man IM9 1LL Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 10.05.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. There is no justification for removing the existing stone walling which defines the property and enables the rear of the premises to have a satisfactory boundary to the public highway, which is located within Castletown's Conservation Area. The proposal would therefore be contrary to Environment Policy 35 and without any valid proposed for the replacement of the walls, the development would also be contrary to Environment Policy 39.
_______________________________________________________________ Interested Person Status – Additional Persons none _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The site is the curtilage of an existing dwelling, 35, Arbory Street which fronts onto Arbory Street and backs onto Farrant's Way opposite the car park associated with Castle Court apartments. - 1.2 The dwelling is a stone faced three storey building whose front elevation faces directly onto Arbory Street. The rear is more plain with a rendered rear wall. At the end of the rear garden is a parking area flanked by stone walls with a pedestrian door in the centre of the recessed wall. - 1.3 The existing parking area has dimensions of between 5.25m and 5.5m by 6.6m.
2.1 Proposed is the demolition of the existing stone walls. Planning approval is also being requested for their replacement with a rendered walled garage with a study in the roofspace. The garage would extend across the full width of the available parking area other than a pedestrian way to the left. The garage would have two garage doors (19/00257/B). This application is recommended for refusal. PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South 2013 as Predominantly Residential. The site also lies within Castletown's Conservation Area. As such, the following Strategic Plan policies are applicable:
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.
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.
Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man has the following guidance on demolition within Conservation Areas:
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.
4.1 The creation of the parking area was approved under 01/00598/B. site There is a rendered garage to the rear of number 47 similar to what is proposed under 19/00257/B which was approved under 93/01382/B. REPRESENTATIONS - 5.1 Highway Services indicate that there is no highway interest in the application (11.04.19). ASSESSMENT - 6.1 The issue here is whether the loss of the existing stone walls will result in an adverse impact on the character and appearance of the Conservation Area. it is relevant that the walling is not new and was instated under 01/00598/B to create the parking spaces.
6.2 The loss of what are essentially modern stone walls is not in itself of concern. However, given that the related application which necessitates the removal of the walling is not considered acceptable, if the walling were to be removed and not replaced with anything, the
resultant impact on the Conservation Area would be unfortunate as all of the historic properties in the vicinity are bounded by walling of one form or another. Planning approval would be required to erect walling in its place, were the existing to be removed.
7.1 It is considered that there is no justification for removing the existing stone walling which defines the property and enables the rear of the premises to have a satisfactory boundary to the public highway, which is located within Castletown's Conservation Area. The proposal would therefore be contrary to Environment Policy 35. INTERESTED PERSON 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date : 13.05.2019 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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