DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00071/CON Applicant: Holdaijo Ltd Proposal: Registered Building Consent for demolition elements to PA 24/00070/B Site Address: 19 Mount Havelock Douglas Isle Of Man IM1 2QG Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.02.2024

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 considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, Section 18(4) of the Town and Country Planning Act (1999) and Section 19 of the 1999 Town and Country Planning Act.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 25.01.2024. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the curtilage of 19 Mount Havelock, Douglas which is a three storey terraced property, located on a corner plot with Mount Havelock to the northeast

and Christian Road to the northwest. The site has a single off-street parking to the rear of the building.

2.0 THE PROPOSAL - 2.1 The application seeks full approval for the Registered Building Consent for demolition elements to PA 24/00070/B. - 2.2 Work includes the following; o Demolition of rear three storey rear outlet (modern extension).

3.0 PLANNING HISTORY - 3.1 Then previous planning applications associated with this site is considered relevant in the determination of this application; - 3.2 Conversion of office to create a single four bedroomed residential property 24/00073/B - Pending Consideration - 3.3 Alterations and refurbishment to create Director's apartment on second and third floor 24/00069/B - Pending Consideration - 3.4 Conversion to create a single four-bedroomed house with balcony - 24/00070/B Pending Consideration - 3.5 Alterations and extensions - 95/00431/B - Approved at appeal - 3.6 Renovation and conversion of existing property from flats to offices - 87/04299/B APPROVED

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area recognised as being an area of "Mixed Use Proposals Areas", under the Area Plan for the East 2020. The site is within a Conservation Area, but not a Registered Building. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 4.3 General Policy 2 states: "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:

• a) Is in accordance with the design brief in the Area Plan where there is such a brief;
• 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;
• e) Does not affect adversely public views of the sea;
• f) Incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• g) Does not affect adversely the amenity of local residents or the character of the locality;
• h) Provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• i) Does not have an unacceptable effect on road safety or traffic flows on the local highways;
• j) Can be provided with all necessary services;
• k) Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;

• l) Is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• m) Takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• n) Is designed having due regard to best practice in reducing energy consumption."

4.4 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."

4.5 Environment Policy 35 states: "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." - 4.6 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 4.7 Section 18(4) of the Town and Country Planning Act (1999) states, "(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".

5.0 CONSULTATIONS - 5.1 Douglas Borough Council comment (12.02.2024); "This development must not prohibit the refuse bins from being removed from the highway to be stored within the curtilage of the property between refuse collections. Further advice on these requirements can be found on the Council's website under the Council's Waste Management Guidelines for Architects."

6.0 ASSESSMENT - 6.1 The main issue to be considered in the assessment of this application is whether the rear three storey extension which is a more recent extension and not an original element of the building should be retained as its makes a positive contribution to the character or appearance of the Conservation Area. - 6.2 The loss of the rear modern additional is not considered not to detract from the special character of the Conservation Area. Therefore in relation to the demolition of this rear

extension, there are no concerns as it is consider the merits of the proposals (as outlined within PA 24/00070/B) are beneficial within Conservation Area and the individual building.

7.0 CONCLUSION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, Section 18(4) of the Town and Country Planning Act (1999) and Section 19 of the 1999 Town and Country Planning Act therefore it is recommended that the application be approved.

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. - 8.3 In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person.

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 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 : 28.02.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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