DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/01009/CON Applicant: Mr Jamie Talbot Proposal: Registered Building Consent for demolition elements to PA 24/91010/B Site Address: 2 Osborne Terrace Douglas Isle Of Man IM1 3LH Planning Officer: Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.10.2024 _________________________________________________________________

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 judged that the proposal complies with sections 15 and 16 of the Town and Country Planning Act 1999, as the historic character of the building and setting of the Conservation Area are being preserved due to the installation of the new railings. It is also judged that the application meets the tests of Strategic Policy 4 of the IOM Strategic Plan 2016 and the requirements within PPS 1/01 as the fabric and setting of the Conservation Area is being protected and preserved.

Plans/Drawings/Information; This approval relates to the documents and drawing no. PL01, PL02, PL03, which have been received on 1st September 2024. _______________________________________________________________

Interested Person Status

None ___________________________________________________________________

Officer’s Report

- 1.0 THE SITE

1.1 The site is 2 Osborne Terrace, Douglas, a mid-terrace house located on the north of Osborne Terrace. There is a front boundary wall with cast iron railings and a cast iron gate. The tips of the railing are missing. These have now been demolished.

2.0 THE PROPOSAL - 2.1 This application is for the retrospective demolition of the front boundary, railings and gate - 2.2 This application relates to PA 24/91010/B - Installation of replacement front boundary wall and railings.

3.0 PLANNING POLICY - 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

(3) In considering (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; - 3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:-

• o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
• o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
• o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).

4.0 PLANNING HISTORY - 4.1 There are no previous applications considered materially relevant to this application.

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council has no objection to this application (11.09.2024).

6.0 ASSESSMENT - 6.1 The pertinent issue to be assessed by this Registered Building Application is the impact of the proposed demolition on the character and appearance of the Conservation Area.

6.2 Section 16 of the Town and Country Planning Act 1999 requires the Department to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. - 6.3 The boundary wall and front railing is an important character of the area. The current railings are missing their tips, it is reasonable to install new railings by demolishing the existing ones first. - 6.4 Overall it is judged that the proposed demolition preserves the special character, fabric and setting of the Registered Building due to the new railings being proposed in PA 24/91010/B.

7.0 CONCLUSION - 7.1 It is judged that the proposal complies with sections 15 and 16 of the Town and Country Planning Act 1999, as the historic character of the building and setting of the Conservation Area are being preserved due to the installation of the new railings. It is also judged that the application meets the tests of Strategic Policy 4 of the IOM Strategic Plan 2016 and the requirements within PPS 1/01 as the fabric and setting of the Conservation Area is being protected and preserved. It is therefore 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) Manx National Heritage; and
• (c) 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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 15.10.2024 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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