DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00281/CON Applicant: Mr & Mrs Sam Prince Proposal: Registered Building consent for demolition elements to PA 24/00280/B Site Address: 33 Albany Road Douglas Isle Of Man IM2 3NE Principal Planner: Chris Balmer Recommended Decision: Permitted Date of Recommendation: 19.04.2024

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.

As outlined it is considered the demolition of the conservatory to the rear elevation would preserve the building and its setting. Therefore the proposal would comply the i.e. Section 16 (3) and 18(4) of the Town and Country Planning Act (1999) Statutory test and the IOMSP EP32 & 34, SP 4 and GP2 and Planning Policy Statement 1/01.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 09.03.2024. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

- 1.0 THE APPLICATION SITE

1.1 The application site is the curtilage of 33 Albany Road, Douglas a single storey detached property located on a corner plot with Albany Road to the north and Selborne Drive to the east. - 1.2 The property is a not a "traditional" dwelling which the majority of properties in the area are, mainly Victorian properties. The proposals appears as an early to mid 20thCentury property including painted render, stone plinth, and a concrete roof tile.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the registered Building consent for demolition elements to PA 24/00280/B. The works namely involve the demolition of the rear conservatory.

3.0 PLANNING HISTORY - 3.1 The previous application which is considered material to the assessment of this application; - 3.2 Demolish existing conservatory and installation of doors / window and roof lights to rear elevations - 24/00280/B - Pending Consideration - 3.3 Partial removal of front boundary wall to widen access to driveway - 23/01315/B APPROVED - 3.4 Replacement of existing single pane, timber frame with upvc double glazing 23/01391/B - REFUSED - 3.5 Installation of three replacement windows to rear elevation - 23/01269/B - APPROVED - 3.6 Installation of replacement roof tiles - 21/00632/B - APPROVED - 3.7 Replacement front and rear doors with UPVC composite doors - 20/01255/B APPROVED - 3.8 Installation of replacement windows and doors - 20/00822/B - REFUSED - 3.9 Erection of a lean to conservatory to rear elevation - 06/00541/B - APPROVED

4.0 PLANNING POLICIES - 4.1 The application site is within an area of 'Predominately Residential' use under the Area Plan for the East. The application building and site are located within a Conservation Area. - 4.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 4.3 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."

4.4 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." - 4.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 4.6 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". - 4.7 Residential Design Guide 2021

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council have no objections. (22.03.2024)

6.0 ASSESSMENT - 6.1 The main issue to be considered in the assessment of this application is whether the rear conservatory should be retained as its makes a positive contribution to the character or appearance of the Conservation Area. - 6.2 The loss of a very modest section of part of the existing dwelling is not considered to detract from the special character of the Conservation Area. Therefore in relation to the demolition of this conservatory, there are no concerns as it is consider the merits of the proposals are beneficial within Conservation Area and the main dwelling house.

7.0 CONCLUSION - 7.1 As outlined it is considered the demolition of the conservatory to the rear elevation would preserve the building and its setting. Therefore the proposal would comply the i.e. Section 16 (3) and 18(4) of the Town and Country Planning Act (1999) Statutory test and the IOMSP EP32 & 34, SP 4 and GP2 and Planning Policy Statement 1/01.

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.

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 : 23.04.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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