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Application No.: 23/01301/CON Applicant: Mr Kim Lowe-Jones Proposal: Partial Demolition and rebuild of rear elevation due to poor structural integrity. Site Address: Stanley House 7 - 9 Market Hill Douglas Isle Of Man IM1 2BF Planning Officer: Hamish Laird Photo Taken: 28.02.2024 Site Visit: 28.02.2024 Recommended Decision: Permitted Date of Recommendation: 09.04.2024
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 is considered to accord with the requirements of General Policy 2 g) and h); and, Environment Policies 30, 32 and 35; and, is acceptable.
Plans/Drawings/Information;
The works of demolition, hereby approved, shall be carried out in accordance with the submitted Drawing Nos. 100 Existing; and, 101 Proposed, and as shown in the photographs, all date-stamped received 7th November, 2023.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The site comprises Stanley House, located at 7-9 Market Street Douglas. It is a 4-storey plus basement, end terrace property, located on the corner of the junction of Market Hill and Lord Street in the centre of Douglas. Its north side elevation faces onto Lord Street and the front elevation faces east onto Market Hill. The rear of the property faces west and looks out onto a rear access/service road that serves the rear access of this and adjoining properties in Market Hill and Lord Street. The building is accessed from Lord Street; this provides access to each floor in the building. The ground floor is used as a shop unit whilst the upper floors have toilets, kitchen, a reception area and offices.
2.0 THE PROPOSAL - 2.1 The full application PA23/01299/B - seeks approval to "Partially demolish and rebuild rear elevation due to poor structural integrity, and remove two existing window openings and render rear wall to match neighbouring properties at Stanley House". - 2.2 The corresponding Registered Building application PA 23/01301/CON - seeks RB consent for 'Partial Demolition and rebuild of rear elevation due to poor structural integrity at Stanley House' to tie in with the PA23/01299/B application. - 2.3 There would be no increase in floor-space area or other internal alterations other than
moving pipework and electrical connections associated with the proposed development.
3.0 PLANNING HISTORY - 3.1 The previous application affecting the site PA 14/00960/C for the 'Change of use of existing second floor office to a beauty salon' - Permitted on 17.09.2014, is are not considered to be specifically material in the assessment of the current application.
4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area zoned as "Predominantly Shopping" identified on the Douglas Local Plan 1998. In the Area Plan for the East it is located within the Strand Street Mixed Use Area. The property is a Registered Building and is also situated within the Athol Street/Victoria Street Conservation Area - 4.2 There are a number of policies contained in the Isle of Man Strategic Plan 2016 that are relevant to the consideration of both these proposals. General Policy 2 deals with development which is in accordance with the land use zoning, the points set out under General Policy 2 are general principles that a development should consider. - 4.3 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:
landscaping of buildings and the spaces around them;
4.4 Environment Policy 30 indicates that: "There will be a general presumption against demolition of a Registered Building. In considering proposals for demolition or proposed works which would result in substantial demolition of a Registered Building, consideration will be given to:
4.5 Environment Policy 32 indicates that: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted." - 4.6 In addition Environment Policy 35 of The Isle of Man Strategic Plan (2016) are also relevant in the assessment of the current application. Environment Policy 35 indicates that: "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."
5.00 REPRESENTATIONS - 5.1 Douglas Borough Council - No objections. (20/11/23). - 5.2 No third party representations had been received by the report drafting stage (9/4/24).
6.0 ASSESSMENT - 6.1 Environment Policy 32 sets out planning policy with regard to development affecting Registered Buildings; whereas, Environment Policy 35 sets out the policy with regard to development within a Conservation Area. Environment Policy 32 states that development involving extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted." Environment Policy 35 indicates that development would only be permitted within a Conservation Area if it would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development. Environment policy 30 indicates that there will be a general presumption against demolition of a Registered Building. In considering proposals for demolition or proposed works which would result in substantial demolition of a Registered Building. - 6.2 In this case, the proposal is for the partial demolition at first and second floor levels of the existing brick and partially rendered rear elevation due to its poor structural integrity where it can be seen to be failing in places with gaps in the brickwork. The proposals also involves the removal of two existing window openings containing non-original, circa 1960's wooden casement, single pane windows, one with a top-hung opening vent. The proposal would then be to render the rebuilt rear wall to match neighbouring properties at Stanley House. It is considered that the proposed works which are to the rear of the building and involve the removal and replacement of relatively modern brickwork, which is in a poor state of repair, with a painted render finish to match other properties in the area, would not amount to 'substantial demolition' of this Registered Building. - 6.3 It is noted that similar such finishes are applied to the rear aspects of adjoining and nearby properties when viewed from the rear access lane. The change to provide a render finish would be the most obvious visual aspect of the development. This is considered to be in keeping with the character and appearance of the area, which is not directly visible from the main part of the Conservation Area, or Lord Street. The infilling of 2 of the existing window apertures in the rear elevation would be acceptable in terms of their visual impact given that the property is set well back on the site and is also screened by adjoining existing two-storey rear projections. - 6.4 In visual terms regarding the limited extent of demolition involved; the built form proposed (rendered wall replacement and removal of 2 No. windows); the impact of the
development on the character, fabric and setting of the Registered Building; and, the visual impact on the character and appearance of the Conservation Area, are considered to be acceptable and the proposed development accords with the provisions of Policies GP 2 b) and c); and, Environment Policies 30, 32 and 35 in the Isle of Man Strategic Plan 2016.
7.0 CONCLUSION - 7.1 For the above reasons, it is concluded that the Registered Building application in terms of the elements of the RB that are to be removed to facilitate the new works, would not unduly detract from the character, fabric and setting of the RB; or, have an unacceptably adverse impact on the character of the Conservation Area, given that the proposed works are to be undertaken to the rear of the building. The proposed works would comply with the principles of General Policy 2, and Environment Policies 30, 32 and 35 of the Isle of Man Strategic Plan
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons:
8.2 The Decision maker must determine whether there are other persons to those listed above who should be given Interested Person Status.
I can confirm that this decision has been made by the Acting 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 : 11.04.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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