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1.0 INTRODUCTION 1.1 The aim of this statement is to provide background information to the planning application and to set out the relevant policies to consider in respect of the proposed development. 1.2 The site is owned by the Department of Infrastructure, and that Department is also the Planning Authority, the application must be considered by an Independent Inspector and the decision taken by the Council of Ministers under 10 (1) (b) of the Town and Country Planning (Development Procedure) (NO 2) Order 2013. 1.3 The Department has no other interest in the proposal.
2.1 The site is forms the curtilage of Bridge House, 3 Bridge Row, Foxdale which is a two storey end terrace located at the junction of Mines Road and Main Road Foxdale.
3.1 The application seeks approval for the demolition of existing dwelling and creation of temporary garden area with hard landscaping and fencing.
4.1 The following policy documents are considered relevant in the consideration of this application:
4.2 The application site is within an area recognised as being an area of 'Predominantly Residential', under the Foxdale Local Plan.
4.3 The site is not within a Conservation Area; However, the building is highlighted as a 'building of interest'. 4.4 Due to the land use designation of the site and the type of development proposed the following policies are relevant for consideration:- 4.5 "General Policy 2: 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; (I) 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" 4.6 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." 4.6 Foxdale Local Plan:
Paragraph 8.4 states: "Several existing buildings and groups of buildings within the village, whilst perhaps not worthy of Registration in their own right remain largely unaltered and contribute greatly to the appearance and character of the village. Brookfield Terrace, originally constructed to accommodate many of the mine workers in the vicinity remains largely unchanged and uniform, with the exception of a front porch at number 9 which actually dates back quite some time, and a few examples of replacement windows where the original timber sliding sash style has not been retained. Many of the properties alongside the A3 and the top end of Mines Road are original structures: some, however have been subjected to unsympathetic alterations in terms of rerendering, replacement window styles and materials, re-roofing in nontraditional materials, removal of mouldings and decorative stonework etc." 4.7 Paragraph 8.9 F/R/RB/1 - RECOMMENDATION states: "The Department of Local Government and the Environment should prepare a report identifying and investigating those buildings which have played an important role in Foxdale's mining history. The report should include all those buildings identified in paragraphs 8.2 and 8.3 as well as the lines and features of the former shafts and existing mining structures and water courses. This, in turn will include a recommendation for appropriate buildings to be Registered."
4.8 8.10 F/P/RB/2 - Policy states: "All of the buildings referred to in paragraphs 8.28.8 inclusive must as far as possible, retain their original features and appearance."
5.1 The previous planning application is considered relevant in the assessment and determination of this application: 5.2 Junction improvements including the demolition of Bridge House (Re advertised due to correction to proposal description) - REFUSED by the Council of Ministers - (Independent Inspectors statement attached)
6.1 All written representations which have been received by the Planning Authority have been forwarded onto the Chief Secretary's Office for the Independent Inspector to consider when making their assessment.
7.1 From visiting the site and studying the plans the Planning Department would recommend there are a number of issues which required consideration when assessing the proposal:
The potential impacts upon the visual amenities of the buildings of interest and upon of the street scene 7.2 Any development on this site should be considered firstly against General Policy 2 and namely paragraphs (b) and (c) which are considered the relevant aspects of the policy which deals with this issue. Paragraph (b) states that any development should:- "respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
And paragraph (c) states that any development:-
"does not affect adversely the character of the surrounding landscape or townscape;" 7.3 As indicated within paragraphs 4.6, 4.7 \& 4.8 of this report, the application property and further properties within the Foxdale Village have been identified as buildings of interest. The Inspector should be satisfied that the works and alterations submitted would not result in a significant impacts upon the visual amenities of the street scene and the buildings of interest. 7.4 The Conservation Officer has stated that the property in question is a two storey, end of terrace building of vernacular Victorian era design dating from the 1860's. The building is post 1868, as it does not appear on the Ordnance Survey first edition although it is noted that a significant amount of Foxdale's mine development took place after the Ordnance Survey. Built in the local stone, as evident by the gable facing on to Mine's Road, the front façade on to the A3 is rendered. The window pattern, specifically the ground floor window size and format which are suggestive of a former use as shops, is consistent with the property originally having been built as two properties although at some point in the recent past converted to one property. It is fair to say; that any original finishes or exterior detailing including one gable stack and the replacement uPVC windows, have long vanished. 7.5 Overall, the Inspector recommending an approval should feel comfortable that the proposed works of the site would be appropriate and not have a significant visual impact upon the area and the loss of the building would not have a significant impact upon the historical interest of the terrace/area.
7.6 The Inspector should be satisfied that the proposed new scheme would not have a significant or adverse impact upon highway safety due to the proposed alterations. General Policy 2 paragraphs (h) and (i) are considered the relevant aspects of the policy to assess this proposal. Paragraph (h) states that any development should:- "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;"
And paragraph (i) states that any development:-
"does not have an unacceptable effect on road safety or traffic flows on the local highways". 7.7 Further to these policies, Transport Policy 4 requires consideration. This policy indicates that the new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 7.8 The Inspector should be satisfied that the proposed new scheme would not have a significant or adverse impact upon highway safety due to the proposed alterations.
The potential impact upon adjacent properties 7.9 Given the property forms part of a row of terraces it is important to consider how the face of the adjoining building ( Nr 2 ) will be finished. The applicant has includes details of finishes, including the erection of buttress (finished in render and painted) to the gable end of Nr 2. The Inspector should be satisfied that such works would not adverse effect the appearance of the area and the adjacent property.
8.1 If the Inspector is minded to recommend to the Council of Ministers that the application is approved, the Planning Authority would suggest that the following conditions are attached to the approval notice:-
shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.
This statement has been prepared by Mr Chris Balmer, MA Hons, MTCP, MRTPI Senior Planning Officer, on behalf of the Planning Division of the Department of Infrastructure.
Signed
Mr Chris Balmer
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