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Application No.: 19/00200/CON Applicant: Empire Garages Ltd Proposal: Registered Building consent for the demolition elements relating the application 19/00199/B Site Address: Car Showroom Empire Garages Marine Parade Peel Isle Of Man IM5 1PA Principal Planner: Miss S E Corlett Expected Decision Level: Planning Committee Recommended Decision: Refused Date of Recommendation: 18.07.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. In the absence of a detailed, professional appraisal of the historical importance of the sandstone warehouse on the site, is considered that the removal of this building could have an adverse impact on the historical importance of the Conservation Area and the application fails to accord with Environment Policies 30, 35 and 39 of the Strategic Plan and CA/6 of Planning Policy Statement 1/01.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
37, Stanley Terrace (30.03.19 and 05.04.19)
5, Stanley Mount (28.03.19 and 29.03.19) Westholme, Cannan Avenue, Kirk Michael (29.03.19)
21, Queen's Drive (29.03.19)
26, Stanley Road (02.04.19) 22, Stanley Road (02.04.19) 32, Stanley Road (28.03.19)
6, Stanley Road (03.04.19)
9A, Stanley Road (05.04.19) 19, Stanley Road (05.04.19) 14, Bridge Street (06.04.19) 14, Stanley Mount (05.04.19) The Old Chapel, Patrick Corner, rents an office in Gib Lane (05.04.19)
6, Stanley Road (undated but received on 04.04.19) 4, Stanley Road (03.04.19)
as these properties are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. Many of these submissions also fail to demonstrate how the proposed works (the demolition of the existing buildings) would impact the lawful use of land owned or occupied by them in relation to the relevant issues identified in paragraph 2C of the Policy but further assessment of IPS in this respect is not considered necessary.
31, Shore Road as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
Tim Crookall MLC as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy.
Peel Residents' Association do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy. _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE DIRECTION OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.1 The application site is an area of land which sits at the junction of Stanley Road and Marine Parade. The site accommodates two buildings: one a single storey car showroom and the other a single storey warehouse whose gable fronts onto Marine Parade. The car showroom is formed from a pitched roofed building which has been extended westwards with a flat roofed annex and the elevational treatment of this section, with a thick, metal, profiled cladding at the upper part of the elevation, continues along the remainder of the building with brick below. The windows and doors are framed in blue and the roof is finished in corrugated sheeting. - 1.2 The other building has a rendered gable to Marine Parade but otherwise sandstone walls to eaves level underneath a corrugated sheeted roof whose ridge is taller than that of the car showroom. The gable has a vehicle sized door and similarly sized window alongside and three small windows at the upper level. - 1.3 Both buildings sit on the northern side of Gib Lane. - 1.4 Elsewhere along Marine Parade there are dwellings, some with projecting square bays, some with plain frontages, some three storey, some with only two, some finished in painted render with others to the east of Walpole Drive in sandstone and facing brick. The character of the area is of a mix of building types, heights and materials with predominantly residential land use. THE PROPOSAL
2.1 There are current applications which propose the redevelopment of this site together with other land at the lower end of Stanley Road - 10/00199/B, 19/00201/B and 19/00203/B together with the associated applications for Registered Building consent for the elements of demolition - 19/00202/CON and 19/00204/CON. Registered Building consent is required for demolition within a Conservation Area under Section 19(3) of the Town and Country Planning Act 1999. The applications for RB consent are therefore concerned only with the impact of the demolition works on the character and appearance of the Conservation Area and not with any aspect of the redevelopment proposals. - 2.2 Proposed here is the demolition of all of the structures within the site listed in paragraphs 1.1 - 1.3 above.
PLANNING POLICY Peel Local Plan 1989
3.1 The site lies within an area of Mixed Use, reflecting the variety of uses in the area industrial retail, residential and tourism. The site is also within the town's Conservation Area which was adopted in 1990. - 3.2 The Peel Local Plan identifies that the town has "special characteristics" (paragraph 1.1) and the town plan aims to satisfy these characteristics and to meet its changing needs, stimulating and encouraging development where appropriate and to give a clear locational reference to national policies on development, change of use and conservation. The Plan
Environment Policy 30: 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:
Environment 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.
Environment Policy 39: "The general presumption will in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area."
Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man
3.6 Unlike the Strategic Plan, this document has specific guidance on demolition in Conservation Areas as follows:
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.
4.1 Alterations to the existing buildings have been proposed, none of which is relevant to the consideration of the current application. REPRESENTATIONS - 5.1 Highway Services have no highway interest in this application (19.03.19).
5.2 Peel Town Commissioners note that one of the buildings on the site appears to be sound and could be re-used or the materials in it re-used within the scheme (15.04.19). - 5.3 Manx National Heritage submit an objection to all six of the applications on the basis that there the proposals would result in the loss of fabric of historical importance for the town due to their former association as a warehouse and a net loft for Peel's fishing industry and are rare examples of this type of building. They consider that the historical assessment of the site includes a number of errors and wrongly dismisses these as of no historical significance. They recommend that permission is not granted for the demolition of these buildings unless and until a detailed, professional assessment of significance of these historic structures has been undertaken and which demonstrates that they are not of sufficient interest and value to justify their removal. A sensitive renovation and conversion scheme which re-uses the historic buildings would be preferable (05.04.19). - 5.4 Private representations
25, Bridge Street (21.03.19)
18, Castle Street (24.03.19 and 31.03.19) 24, Circular Road (25.03.19)
5, Stanley Mount (28.03.19 and 29.03.19) Westholme, Cannan Avenue, Kirk Michael (29.03.19) 8, Gib Lane (30.03.19) 18, Stanley Mount (undated but received on 02.04.19) 5, Stanley Road (31.03.19) 1, Victoria Terrace (01.04.19) 21, Queen's Drive (29.03.19) 17, Stanley Road (02.04.19) 60, Patrick Street (01.04.19) 26, Stanley Road (02.04.19) 22, Stanley Road (02.04.19)
14, Stanley Road (05.04.19) 9A, Stanley Road (05.04.19) 19, Stanley Road (05.04.19) 14, Bridge Street (06.04.19) 14, Stanley Mount (05.04.19) The Old Chapel, Patrick Corner, rents an office in Gib Lane (05.04.19) 16, Stanley Road (03.04.19) 24, Stanley Road (04.04.19) 6, Stanley Road (undated but received on 04.04.19) 4, Stanley Road (03.04.19)
6.1 The issue in this case is whether the demolition of the buildings on site would have an adverse impact on the character or appearance of the Conservation Area. Whilst there are
7.1 In the absence of a detailed, professional appraisal of the historical importance of the sandstone warehouse on the site, is considered that the removal of this building could have an adverse impact on the historical importance of the Conservation Area and the application is not supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Refused……….... Committee Meeting Date:…12.08.2019
Signed :……S CORLETT……….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Application No. : 19/00200/CON Applicant : Empire Garages Ltd Proposal : Registered Building consent for the demolition elements relating the application 19/00199/B Site Address : Car Showroom Empire Garages Marine Parade Peel Isle Of Man IM5 1PA Principal Planner : Miss S E Corlett Presenting Officer As above Addendum to the Officer’s Report The Planning Committee refused the application, amending the reference to "could" in the reason for refusal, to "would".
R 1. In the absence of a detailed, professional appraisal of the historical importance of the sandstone warehouse on the site, is considered that the removal of this building would have an adverse impact on the historical importance of the Conservation Area and the application fails to accord with Environment Policies 30, 35 and 39 of the Strategic Plan and CA/6 of Planning Policy Statement 1/01.
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