DEC Officer Report

Application No.: 21/00482/CON Applicant: Department Of Infrastructure Proposal: Registered Building consent for demolition elements to PA 21/00298/B Site Address: River Section To Rear Of Glen Road Glen Road Laxey Isle Of Man Isle Of Man Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.05.2021 _________________________________________________________________

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.

• C 2. Prior to the commencement of works on site, a 'development within 9 meters of a watercourse form' a written method statement and ecological impact assessment should be submitted to and approved in writing by the Department. All works in the river bed and the vicinity of the river shall be carried out in accordance with the approved details. Reason; To ensure adequate protection of the River, associated bio-diversity and fish within.
• C 3. The stone cladding on both sides of the wall shall be installed as shown in the approved drawings and retained as such thereafter. REASON: In the interest of visual amenity of the Conservation Area.

This application has been recommended for approval for the following reason.

The application would be considered appropriate for the character of the Laxey Conservation area and has been designed to comply with Strategic Policy 4, General Policy 2, Environment Policy 35&39, and PPS/1/01 of the Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to drawings referenced; 300; 301; 302; 303; 304; 305; 306; 307; 308; 309; 310; 311; 312; 313; 314 received on 26 April 2021.

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site identified in red starts at the rear of dwellinghouse named 4 Victoria Terrace and extends down the river for approx. 240m to the rear of dwellinghouse Figtree cottage. The locations of the works are to the rear gardens of those properties, mainly to the boundary wall from their residential curtilage to the river. The rear boundary treatment differs from each property.

2.0 THE PROPOSAL - 2.1 Proposed is the demolition of the existing boundary wall (where applicable) and the construction of flood protection walls comprising a combination of reinforced concrete wall and natural stone cladding to both sides located to the rear of those residential properties fronting Glen Road. - 2.2 The applicant notes "the existing wall is undermined and in poor condition and does not offer the required height and freeboard required to prevent flooding". The replacement wall will be broadly the same height as some of the existing which would be approx. 1200mm high and approx. 450mm wide and would feature stone cladding which forms the rivers retaining wall. (This application is read in association with 21/00298).

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area designated as 'predominately residential' on Map 7 in the Area Plan for the East December 2020.The application site is identified as being within the Laxey Conservation Area 1990. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 3.3 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; (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. - 3.4 General Policy 2 (GP2) (in part) 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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality;

3.5 Environmental Policy 35 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.

3.6 Within Section 7.32 - Demolition in Conservation Areas of the IOMSP, the following text is all relevant and informs Environment Policy 39 (below):

"7.32.1 Under Section 19 of the 1999 Town and Country Planning Act, Conservation Area designation introduces control over the demolition of most buildings within Conservation Areas...

• 7.32.2 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. 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:

• o the condition of the building;
• o 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);
• o the adequacy of efforts made to retain the building in use;
• o the merits of alternative proposals for the site."

3.7 Environment Policy 39 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. - 3.8 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man state: - 3.9 POLICY RB/6 DEMOLITION "There will be a general presumption against demolition. … 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 a 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 a 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."

3.10 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 is 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."

- 4.0 PLANNING HISTORY

4.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. - 5.0 REPRESENTATIONS (in brief, full reps can be read online)

5.1 Garff Parish commissioners had not commented at the time of writing.

5.2 Highways Services have commented (10/05/21) with no objection. - 5.3 Eco-Systems Policy officer has commented (20/05/21) seeking conditions attaching to any approval namely;

• (i) Prior to the commencement of works a Construction Environmental Management Plan, which details the measures to be taken to protected the watercourse, surrounding habitats and species, including the mitigation measures contained in table 5.1 of the PEA which includes Precautionary Working Method Statements, and Reasonable Avoidance Measures for fish and aquatic invertebrates, should be submitted to Planning for written approval.
• (ii) Prior to the commencement of works a suitably qualified Ecological Clerk of Works must be appointed who is contracted for the duration of the works to provide ecological guidance to workers, oversee all protected species and habitat work, ensure compliance with relevant working methods statements and legislation and for the regular monitoring and inspection of works.

- 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are whether the existing wall along Glen Road should be retained if its makes a positive contribution to the character or appearance of the Conservation Area. The comments received from the consultation period are acknowledged, as noted in para. 5 and taken into consideration, which is addressed below.

6.2 In the planning application (21/00298/B) it was considered that the removal of the existing wall would be acceptable and its replacement is deemed to have a neutral impact on the conservation area. The existing wall is noted as being in a poor state of repair and is no longer structurally suitable in the interest of the flood protection adjacent to the Laxey River. Its design, finish and appearance would not be considered to be detrimental to the Character of the Conservation area. - 6.3 Therefore in relation to the demolition aspect as considered here, there are no concerns as it is considered the merits of the alternative proposals (within PA 21/00298) are beneficial to those residents along Glen Road and that of the Conservation Area in accordance with Sp4; GP2;Ep35&39; PPS/1/01 of the Strategic Plan.

- 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan 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 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.

Decision Made : Permitted Date: 28.05.2021 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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