DEC Officer Report

Application No.: 20/00713/CON Applicant: Mr Malcolm & Mrs Anne Corkill Proposal: Registered building consent for demolition elements relating to PA 20/00712/B Site Address: Kenilworth Crossag Road Ballasalla Isle Of Man IM9 3DX Senior Planning Officer: Mr Jason Singleton Site Visit: 02.09.2020 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.10.2020 _________________________________________________________________

Conditions and Notes for Approval

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.

It is concluded that the planning application would not harm the use and enjoyment of neighbouring properties and would not result in the loss of a building of particular merit or interest. The development would therefore comply with General Policy 2 and Environmental Policies 35 and 39 of the Isle of Man Strategic Plan 2016, RB/6 and CA/6 of the Planning Policy Statement 1/01 of the Residential Design Guidance 2019

Plans/Drawings/Information;

This decision relates to the demolition of the garage shown in drawings C/6338/1 and C/6338/4 received on 9th July, 2020. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 1.1 The application site is the curtilage of Kenilworth, Crossag Road, Ballasalla which is a two storey cottage situated to the western side of the A26. The property is set back from the edge of the highway by a vehicle length and sits within its own grounds. To the north is the residential property of Woodlyn and to the south Thie Gennal. To the rear (west) of the site is a service laneway that serves the rears of these properties for pedestrian access and links through to a dwelling Abbey Church House. - 1.2 Kenilworth is a traditional two storey cottage with the front elevation facing south into the garden. The building is effectively bookended with prominent chimneys on both gable ends. From the highway the property is viewed gable end on with a pitched roof, masonry porch and lightweight timber glazed lean-to extending the porch. The detached flat roof garage is opposite the driveway that is linked to the dwelling house with a lightweight structure. The property is bounded by a tall (approx 5' high) Manx stone wall that connects to Thie Gennal. Parking is available for two cars on the driveway. - 1.3 The dwellinghouse features, portrait shaped window reveals with timber sliding sash, single glazed windows and central glazing bars. The pitched roof is finished with asbestos tiles. To the front elevation (south) is a light weight lean-to glass house structure.

2.0 THE PROPOSAL - 2.1 The application seek Registered Building Consent for the demolition of a detached single storey garage. This application is read in conjunction with 20/00712/ B - Installation of replacement windows, erection of a shed and first floor extension although the demolition of the garage is separate from the other proposed works and would not automatically result in those works needing to be undertaken if RB Consent is granted here.

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is in an area zoned as Predominantly Residential on the Area Plan for the South. The area is further designated as an area of High Landscape or Coastal Value and Scenic Significance'. The site also sits within the Silverdale Conservation Area. - 3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.3 General Policy 2 (GP2) (in part) Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (g) does not affect adversely the amenity of local residents or the character of the locality;

3.4 Environmental 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. - 3.5 Within Section 7.32 - Demolition in Conservation Areas of the IOMSP, the following text is all relevant and informs Environment Policy 39 (below):

"7.32.1 Under Section 19 of the 1999 Town and Country Planning Act, Conservation Area designation introduces control over the demolition of most buildings within Conservation Areas...

• 7.32.2 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. When considering proposals which will result in demolition of a building in a Conservation Area, attention will be paid to the part played in the architectural or historic interest of the area by the relevant building and the wider effects of demolition on the building's surroundings and on the Conservation Area as a whole. In addition, consideration will be given to:

• o the condition of the building;
• o the cost of repairing and maintaining it in relation to its importance and the issue derived from its continued use (based on consistent long-term assumptions);
• o the adequacy of efforts made to retain the building in use;
• o the merits of alternative proposals for the site."

3.6 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. - 3.7 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man state: - 3.8 POLICY RB/6 DEMOLITION "There will be a general presumption against demolition. … Consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of a historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:

• o The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces that in an age of rapid change may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair;
• o The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the
• open market at a realistic price reflecting the building's condition.
• o The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building.

There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within a new development, and this

• option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them."

3.9 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 is 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."

4.0 PLANNING HISTORY - 4.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

5.0 REPRESENTATIONS - 5.1 Malew Commissioners commented (05/08/20) with no objection. - 5.2 Highways Services have commented (04/08/20) with no objection. - 5.3 The registered buildings officer commented (15/10/20) to object; "I have no objection in principle to the demolition of the garage; however I have concerns regarding the massing and design of the proposed extension, that forms part of the planning approval application".

6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are whether the existing single storey garage should be retained if it makes a positive contribution to the character or appearance of the Conservation Area. - 6.2 In the planning application it was considered that the removal of the building would be acceptable. The existing building is in a poor state of repair and is not an original form of development, rather an 'add on' in the past. Its design, finish and appearance could be considered to have an neutral impact on the existing two storey dwellinghouse. Therefore in relation to the demolition, it is deemed acceptable without impacting on the conservation area. - 6.3 The merits of the replacement structure are considered within the accompanying planning application ref. 20/00712/B. - 6.4 The existing detached garage would have been a more modern addition to the property and not a characteristic when originally built but a later addition to reflect the then requirements. Being detached this would not interfere with the integrity of the dwellinghouse and the its connectivity to cover the void between the house and garage would be easily removed. The current garage holds little aesthetic value and its proposed demolition would not be considered to be detrimental to the property or that of the streetscene in this instance.

7.0 CONCLUSION - 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties and would not result in the loss of a building of particular merit or interest. The development would therefore comply with General Policy 2 and Environmental Policies 35 and 39 of the Isle of Man Strategic Plan 2016, RB/6 and CA/6 of the Planning Policy Statement 1/01 of the Residential Design Guidance 2019.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application;
• (c) Manx National Heritage; and
• (d) The local authority in whose district the land the subject of the application is situated

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.

Decision Made : Permitted Date: 21.10.2020 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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