9 July 2019 · Delegated
57, Selborne Drive, Douglas, Isle Of Man, IM2 3nj
Permission was sought to demolish the existing garage at Eburacum, 57 Selborne Drive, Douglas, and replace it with a two-storey side extension providing an integral garage at ground floor and living accommodation above. The application also included removal of an existing conservatory and construction of a single-storey kitchen and dining extension at the rear. The application was refused by the Head of Development Management under delegated authority. The sole reason for refusal related to the front-facing two-storey extension above the garage, which was considered to have an adverse impact on the neighbouring property and to be harmful to the character of the conservation area. The rear works were not considered problematic. The site features a prominent blank end gable elevation facing the road, which formed part of the officer's assessment of the proposal's visual impact.
The application was refused on 9 July 2019. While the rear alterations and extensions were not considered problematic, the proposed two-storey extension above the garage — as seen from the front — was judged to have an adverse impact on the neighbouring property and to fail to preserve or enhance the character of the conservation area.
Refusal Reasons
Environment Policy 35 of the adopted Isle of Man Strategic Plan 2016
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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Policy CA/1
POLICY CA/1 IDENTIFICATION OF SPECIAL CHARACTER It is the quality and interest of areas, rather than that of individual buildings which should be the prime consideration in identifying conservation areas. Features such as:- • The historic street pattern and definition of property boundaries; • A particular mix or variety of uses; • The use of materials or styles local to the particular area, or the island; • The quality of "period" architecture; • The quality and detail of contemporary buildings; • The survival of building types or features, such as shop fronts, street furniture, decorative ironwork; • The presence and form of hard and soft landscaping; • The quality of enclosure, spaces between buildings and vistas along streets; • The presence of green open spaces and trees as "breathing spaces"; • The presence of water in the landscape: this might be in the form of a stream, river, weir or waterfall, dub or pond, lake, estuary, harbour or coastline. Other physical features, not listed above, may also make a major contribution to the over all interest of a locality. Conservation area designation should take account of and recognise the wide variety of qualities, including the historic development of the neighbourhood, which can all serve to be important in making up the unique and special character of an area. There are at present ten conservation areas in the Island and whilst Registration focuses on the merits and protection of individual buildings, conservation area designation is the main means whereby the special architectural quality or local character of an area may be preserved and enhanced for our present enjoyment and that of generations to come.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
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.
CA/6 Demolition in 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. ADVERTISEMENT CONTROL All external advertisements affect not only the appearance of the building upon which they are displayed, but also the neighbourhood where the building is located. This will apply particularly to illuminated signage which is often formed from shiny, nontraditional materials and can result in an unsuitable and harsh appearance which detracts from the character of the building and a conservation area as a whole. The aesthetic quality of a building can be markedly affected by the installation of inappropriate external signage. Where matters such as Corporate Image are a consideration; for a conservation area the Department may require a deviation from what might be acceptable in other high street locations and many large corporate bodies do have alternative designs of signage which might be suitable for use in conservation areas. In many cases it will be necessary for signage to adopt traditional design and materials, in keeping with the character of the building and neighbourhood as a whole. Externally illuminated signage with the appropriate detailing and colour rendered lamps, may be judged suitable. ABSENCE OF PERMITTED DEVELOPMENT Permitted Development Orders which apply elsewhere and enable minor development to be carried out in particular circumstances, may apply in designated Conservation Areas, but to a more limited extent. Most proposed development and any proposed demolition will require to have first been granted planning approval before any works may be progressed. If in any doubt, property owners are advised to consult the Department direct, rather than to rely upon the advice of a third party. FINANCIAL ASSISTANCE Work which might be considered as preserving the architectural or historic interest of an individual building, or which might be judged as enhancing the special character of a Conservation Area, historic townscape or the Island's rural landscape, may qualify for financial assistance under one of the schemes which the Department operates. Each case will be judged upon its own particular merits. DEMOLITION Under Section 19 of the Act, conservation area designation introduces control over the demolition of most buildings within conservation areas. Those buildings which are exempted from such control are listed in the said Section 19, but may be summarised as follows:- (a) registered buildings; (b) a building for the time being the subj ect of a preservation order under section 11 of the Manx Museum and National Trust Act 1959, (c) a building for the time being included in the list of monuments prepared under section 13 of that Act; or (d) any buildings, a description of which is specified in a direction issued by the Department under Section 19 subsection (2) of the Town and Country Planning Act 1999, which are by virtue of such direction, are excluded for the time being from an order designating a conservation area. IMPACT ON THE HISTORIC ENVIRONMENT OF TRANSPORT AND TRAFFIC MANAGEMENT IMPACT OF PROPOSALS TO BE MINIMISED Major new transport infrastructure development can have an especially wide-ranging impact on the historic environment, not just visually and physically, but indirectly, for example by altering patterns of movement or commerce and generating new development pressures or opportunities in historic areas. There is already in place an informal framework which allows for early dialogue between the Department of Transport, the Local Authority and the Department and it is essential that such consultation should continue to take place where any changes in such infrastructure are propose
