Officer Report

Application No.: 24/01305/CON Applicant: Mr & Mrs Edward Pearson Proposal: Registered Building Consent for demolition of rear annexe (in association with 24/91264/B) Site Address: Silverdale House Silverdale Road Ballasalla Isle Of Man IM9 3DS Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.05.2025 _________________________________________________________________

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.

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 and General Policy 2, Environmental Policy 1, 35 & 39, Housing Policy 15 of the IOM Strategic Plan, Planning Circular 3/91, Planning Policy Statement 1/01 & Residential Design Guide.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 10.01.2025. _________________________________________________________________ Interested Person Status None _________________________________________________________________ Officer’s Report

- 1.0 THE SITE

1.1 The application site is the residential curtilage of Silverdale House, Silverdale Road, Ballasalla, which is situated on the north western side of the narrow road which leads west from Silverdale to the A3 Foxdale Road. - 1.2 The application property is an old dwelling although not of the usual vernacular style the property has gable eaves and roof edges which project beyond the gable of the house, the chimneys are therefore not at the end of the ridge. Windows are vertically proportioned although plastic framed casements. - 1.3 The property is well screened from the public highway, given the mature and substantial landscaping which fronts onto the Silverdale Road.

2.0 THE PROPOSAL - 2.1 The application seeks full approval for the Registered Building Consent for demolition of rear annexe (in association with 24/91264/B)

3.0 KEY DOCUMENTS - 3.1 Material Considerations Town and County Planning Act 1999 - 3.2 Section 10(4) of the Town and Country Planning Act states: "In dealing with an application for planning approval… the Department shall have regard to -

• (a) The provisions of the development plan, so far as material to the application,
• (b) Any relevant statement of planning policy under section 3;
• (c) Such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and
• (d) All other material considerations."

3.3 Section 16(3) of the Town and Country Planning Act (1999) states, "In considering (a) whether to grant planning approval for development which affects a registered building or its setting, or (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". - 3.4 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". - 3.5 In light of (a) above, it is considered that two key documents are:

• o Area Plan for the South; and
• o The Isle of Man Strategic Plan (2016).

Area Plan for the East 2020

3.6 The site lies within an area designated on the Area Plan for the East as predominantly residential, and within a Conservation Area. The site is not in an area at risk of flooding. The Building is also a Registered Building Nr 210. Isle of Man Strategic Plan (adopted 2016) - 3.7 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application. - 3.8 Strategic Policy 4 states: "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;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead to unacceptable environmental pollution or disturbance."

3.9 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."

3.10 Environmental Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 3.11 Environment Policy 34 states: "In the maintenance, alteration or extension of pre1920 buildings, the use of traditional materials will be preferred." - 3.12 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." - 3.13 Environment Policy 39 states: "The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area."

3.12 Housing Policy 15 states: "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the

• proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."
• 3.13 Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man): "POLICY RB/6 DEMOLITION There will be a general presumption against demolition and 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 an 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 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

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."

3.14 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside

4.0 PLANNING HISTORY - 4.1 The following applications are considered relevant in the determination of this current application; - 4.2 Demolition of rear annexe. Erection of two-storey rear extension with link to new first floor extension above garage. Erection of a dormer (in association with 24/01305/CON) 24/91264/B - PENDING CONSIDERATION - 4.3 Erection of conservatory to dwelling - 13/00729/B - APPROVED - 4.4 Porch alterations and erection of an extension to garage - 09/00668/R - APPROVED - 4.5 Erection of sunlounge and front porch to replace existing and alterations to garage 02/02109/B - APPROVED

5.0 REPRESENTATIONS - 5.1 Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.2 Ecosystem Policy (DEFA) comments (06.02.2025); "General Stance No objection subject to condition. Detailed comments

Silverdale House is home to two legally protected bat roosts. The owners are aware of the presence of these roosts.

The Ecosystem Policy Team do not object to these proposals, as the roosts are located in areas of the property which are to be un-impacted by the demolition and erection of the new extension.

However, we would encourage the applicants to be vigilant and make thorough checks for bats in and around the building prior to demolition commencing, which will require all external holes, crevices, lead flashing or loose tiles and roof voids, if present, to be investigated. Should bats, or evidence of bats (such as bat droppings), be found at any point, then the works must stop and advice be obtained from the Ecosystem Policy Team on 651577.

Bats can roost in buildings at any time of the year and therefore checks should be made whatever time of year the demolition is planned for. Bats are able to enter even the smallest holes. Pipistrelle bats can enter holes measuring only 20mm by 15mm so even small holes should be investigated.

The proposals include the installation of multiple clear glass balustrades which pose collision risks to birds in flight, and could result in bird injury or death, especially in this area with high woodland cover. We therefore recommend that measures are put in place to prevent collisions.

Potential conditions

No works to commence unless a plan detailing the measures that are to be put in place to prevent bird strikes on the clear glass balustrades, is submitted to Planning and approved in writing. Measures could include use of etching, ultraviolet coatings or decals."

• 5.4.1 The applicants have confirmed that the balustrades are constructed with a "Glaspro glass, or similar glass" which is acceptable to the Ecosystem Policy Team. This should be conditioned with the planning application only.
• 6.0 ASSESSMENT

6.1 The issues to consider in the assessment of the application are relating to the demolition of the existing building/the cleaner of the site and the potential impacts upon the street scene and Conservation Area. - 6.2 Environment Policy 39 indicated that the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. The supportive text (par 7.32.2 of the IOMSP) of this policy indicates that 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;

• 1) the condition of the building;
• 2) 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);
• 3) the adequacy of efforts made to retain the building in use; and
• 4) the merits of alternative proposals for the site.

6.3 The proposal is for the demolition of the existing single storey rear outrigger and replaced with a two storey rear extension. The existing rear outrigger is not publically visible being to the rear of the dwelling. Further, it is not considered it is of sufficient architectural interact to warrant its retention. Accordingly, the principle of its demolition is acceptable. Further considered should be had to the merits of alternative proposals.

POTENTIAL IMPACTS UPON THE CONSERVATION AREA AND THE VISUAL AMENITIES OF THE COUNTRYSIDE; 64 Currently, the dwelling is generally well screened form public view, albeit viewpoints of the front elevation/garage are apparent from the access of the property. Generally, the dwelling is screened given the landscaped boundaries/ Manx sod banks and position set back position from the highway.

6.5 As outlined early, the dwelling is not a typical two storey traditional style farmhouse style property; having more classical design. However, it is still considered HP 15 requires consideration. - 6.6 Currently the existing dwelling has a floor area of approximately 225sqm (not including attic accommodation or garage). In terms of the size increase of the current proposed extensions would have a floor area of approximately 97sqm (Ground and first floors rear extension and ground floor lobby). Accordingly, in terms of extensions to the existing property outlined above, the dwelling would have a total floor area of 285sqm, which equates to a percentage increase of 35%. - 6.7 It should be noted that the above calculation does not include the upward extension works above the existing detached garage. This first floor extension has a floor area of approximately 60sqm. Taking this element into account (namely given the garage/accommodation above would be physically linked to the main dwelling) the proposal would result in the dwelling having a total floor area of approximately 345sqm, which equates to a percentage increase of 53%. If the existing workshop floor area (80sqm) is taken into account (both existing floor area and proposed area) then the dwelling would have a total floor area of 425sqm and the proposal would equate to a percentage increase of 40%. Accordingly, however, the proposal is calculated the proposal would generally result in an extension of

• below the generally permitted 50% threshold as outlined in HP15, without only a potential 3% increase at its most.
• 6.8 In terms of the proportion, scale and form of the proposals, the finish, form and proportion, especially from public views are traditional in form and appearance. There was initial concerns with the proposed garage design, however, amended plans have resolved these initial concerns.
• 6.9 It is considered the proposals (including the front pitched roof dormer) would appear as a subordinate extension and would still allow the main dwelling house being the main aspect within the site, especially when viewed from pubic views. Due to these reason; this it is considered it would be difficult to argue that the proposal would adversely affect the countryside as per the requirements of Environment Policy 1. Furthermore, the works themselves are considered to respect the proportion, form and appearance of the existing property as required by Housing Policy 15 Planning Circular 3/91.
• 6.10 Furthermore, given the above it is considered the proposal would preserve the character or appearance of the Area; and while the works increase the amount of built development on the site; it is considered especially works to the garage would represent an improved to the visual amenities of the property and the area generally, replacing a single storey garage with low level pitched roof, with a more appropriate designed upwards extension. The proposal would also comply with EP35 and Planning Policy Statement 1/01. Statutory test

6.12 The Conservation Area statutory test as referenced in section 3.4 of this assessment on whether the proposal would preserve or enhance the Conservation Area. For the reasons outlined in paragraphs 6.2.1 to 6.2.7 it is consider the proposals would preserve the character or appearance of the Conservation Area and comply with Section 18(4) of the Town and Country Planning Act (1999). - 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 and General Policy 2, Environmental Policy 1, 35 & 39, Housing Policy 15 of the IOM Strategic Plan, Planning Circular 3/91, Planning Policy Statement 1/01 & Residential Design Guide 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.

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, and/or rights to appeal.

Decision Made : Permitted Date : 13.05.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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