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Application No.: 24/01353/CON Applicant: Mr Gary Blackburn Proposal: Registered Building Consent for demolition aspects to 24/91343/B Site Address: Heron's Rock 41 Queen Street Castletown Isle Of Man IM9 1PA Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.01.2025 _________________________________________________________________
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.
The proposal meets the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the Conservation Area is being preserved. It is also judged that the application meets the tests of Strategic Policy 4 and Environment Policy 35 of the IOM Strategic Plan 2016 as the Conservation Area is being protected and preserved. It is therefore judged that the application is acceptable.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 28th November 2024;
This decision also relates to Drawing No. 4D dated received 9th January 2025
_________________________________________________________________ Interested Person Status
None
_________________________________________________________________ Officer’s Report THE APPLICATION SITE
1.1 The application site is within the curtilage of 41 Queens Street, Castletown which is a three storey end of terrace dwelling situated to the South East of Queens Street. - 1.2 The existing property has casement windows to the front and rear. THE PROPOSAL
2.1 This application is entwined with PA24/91343/B, which was works comprising of the below elements; "2.1 The current planning application seeks approval for but not limited to the following;
3.1 There are no previous applications which are relevant to the assessment of this application but there is one concurrent application which is relevant, PA24/91343/B which was for, "Replacement render, roof and windows. Replacement of a window with bifold doors on rear elevation (in association with 24/01353/CON)," which is currently pending PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the South, Map 5 - Castletown. The site isn't within a Flood Risk Zone but is within a Conservation Area. Given the nature of the application being for RB consent works in relation to PA24/91343/B it is most relevant to focus on those policies which relate specifically to demolition works within a Conservation Area and Heritage policies referenced in PPS 1/01.
4.2 The Strategic Policies which are the most applicable to this application are Strategic Policy 4 which seeks to protect or enhance Conservation Areas, Environment Policy 35 which seeks that the character and quality of the Conservation Area is protected against inappropriate development, Environment Policy 39 in connection with Paragraph 7.32.2 which seeks to retain building which make a positive contribution to the character or appearance of the Conservation Area. - 4.3 With regards to the Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man, the most relevant policy is CA/6.
REPRESENTATIONS
5.1 The following representations can be seen online in full;
5.2 No comments have been received from Highway Services at the time of writing this report. - 5.3 No comments have been received from Castletown Commissioners at the time of writing this report. ASSESSMENT
6.1 Whilst the property is not registered, the Town and Country Planning Act 1999 requires that demolitions in Conservations Areas have registered building consent to safeguard the character and appearance of the surrounding area. Therefore the key considerations in this case are whether the proposed works will adversely affect or change the character and nature of the building or the Conservation Area.
6.2 This registered building application has been submitted in response to a requirement due to the demolition works proposed within PA24/91343/B. The proposed demolition works are in connection with works which are required to be finished, as such it is unlikely that the demolition works will be done without future planning, e.g. the removal of the rear door and window and the installation of bi-folding/ patio doors. As such the proposed works will not impact the special character of the Conservation Area and the proposal is deed to comply with Environment Policy 39. - 6.3 Overall it is judged that the proposed demolition preserves the special character, fabric and setting of the Conservation Area as it does not include the removal of any historic elements.
7.1 It is judged that the proposal complies with sections 16 and 18 of the Town and Country Planning Act 1999, as the historic character of the building and setting of the conservation area are being preserved. It is also judged that the application meets the tests of strategic policy 4 and environment policy 35 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. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
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: 17.01.2025
Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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