Officer Report

Application No.: 24/01337/CON Applicant: Ms Patricia Ingram Proposal: Registered Building Consent for demolition aspects to PA 24/91338/B Site Address: 15 Hatfield Grove Douglas Isle Of Man IM1 3HE Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.01.2025 _________________________________________________________________

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.

Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, Section 18(4) of the Town and Country Planning Act (1999) and Section 19 of the 1999 Town and Country Planning Act.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 26.11.2024.

_________________________________________________________________ Interested Person Status

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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):

17 Hatfield Grove, Douglas _________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is 15 Hatfield Grove, Douglas, a mid-terrace house located on the south of Hatfield Grove. There is an attached mono-pitched-roof rear outrigger on the rear elevation which accommodates the kitchen and bathroom. The property also has an enclosed walled yard.

• 2.o THE PROPOSAL

2.1 The application seeks full approval for the Registered Building Consent for demolition aspects to PA 24/91338/B, namely the demolition of rear single storey outrigger, which is then proposed to be replaced with a new single storey extension which is under consideration of planning application 24/91338/B. The rear wall/pedestrian gate are to be retained. - 2.2 This Registered Building Consent application is only considering the demolition of the rear single storey extension

- 3.0 KEY DOCUMENTS

3.1 Material Considerations Town and County Planning Act 1999 - 3.2 Section 10(4) of the Town and Country Planning Act states: "In dealing with an application for planning approval… the Department shall have regard to -

• (a) The provisions of the development plan, so far as material to the application,
• (b) Any relevant statement of planning policy under section 3;
• (c) Such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and
• (d) All other material considerations."

3.3 Section 16(3) of the Town and Country Planning Act (1999) states, "In considering (a) whether to grant planning approval for development which affects a registered building or its setting, or (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses". - 3.4 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". - 3.5 In light of (a) above, it is considered that two key documents are:

• o Area Plan for the South; and
• o The Isle of Man Strategic Plan (2016).

Area Plan for the East 2020

3.6 The site lies within an area designated on the Area Plan for the East as predominantly residential, and within a Conservation Area. The site is not in an area at risk of flooding. The Building is also a Registered Building Nr 210. Isle of Man Strategic Plan (adopted 2016) - 3.7 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application. - 3.8 Strategic Policy 4 states: "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."

3.9 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."

3.10 Environment Policy 32 states: "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." - 3.11 Environment Policy 34 states: "In the maintenance, alteration or extension of pre1920 buildings, the use of traditional materials will be preferred." - 3.12 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." - 3.13 Planning Policy Statement 1/01 - Conservation Of The Historic Environment Of The Isle Of Man

- 4.0 PLANNING HISTORY

4.1 The following applications are considered relevant in the determination of this current application; - 4.2 Demolition of single storey rear extension and erection of a replacement single storey rear extension (in association with 24/91337/CON) - 24/91338/B - PENDING CONSIDERATION - 4.3 Demolition of existing single storey extension and erection of a 2-storey extension to the rear of the property - 24/91039/B - REFUSED on the following ground;

• "R 1. The proposed two-storey rear extension would result in an overshadowing and overbearing impact on neighbouring properties to the detriment of their amenity. Therefore, the proposal is not considered to comply with General Policy 2 (g) of the Strategic Plan and Section 6 of the Residential Design Guide."
• 4.4 Registered Building Consent for demolition aspects to 24/91039/B - 24/01072/CON APPROVED.
• 4.5 Installation of replacement windows and doors and creation of double doors from an existing rear window - 24/91004/B- APPROVED
• 4.6 Demolition of single-storey extension and erection of rear two-storey extension 24/00522/B - REFUSED on the following grounds; "R 1. The proposed two-storey rear extension worsens the existing overshadowing and overbearing impact on 17 Hatfield Grove. It is considered failing to comply with General Policy

• 2 (g) of the Strategic Plan and the Residential Design Guide."

- 5.0 REPRESENTATIONS

5.1 Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.2 Douglas Borough Council make no objection (06.12.2024). - 5.3 The owners/occupiers of 17 Hatfield Grove, Douglas have objected to the application which can be summarised (20.12.24); We have serious concerns over the demolishing of this building, linked with Asbestos and the implications for our property and how they intend to not only demolish this concerning the material aspect and the rebuilding of this, without access to our land, which we will never provide or agree to; planning policy, Strategic Policy 4, particular reference to (b) & (c) - respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them - we believe no consideration has been given with this particular point in respect of the impact to our property 17 Hatfield Grove; With regard to the overshadowing and the overbearing, aspect, the application does not explain the impact on the amenities to our property other than they state this is minimal. Once again, we remain that the application does not provide clear height for the apex of the roof, and this could have an impact regarding overbearing and overshadowing on our property; reiterates concerns of previous scheme.

6.0 ASSESSMENT

6.1 Main Issues

• Statutory test (Town and County Planning Act 1999); and o Impacts upon the Conservation Area and the visual amenities of the street scenes (StP 4, GP 2, EP 4, 30, 32, 34, 35 & 42 of the IOMSP)

Statutory test

6.2 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in section 3.4 of this assessment on whether the proposal would preserve or enhance the Conservation Area. - 6.3 It is note Registered Building Consent has already been approved for the same proposal, i.e. the demolition of the rear outrigger. This application has been resubmitted for the avoidance of doubt given the previously Registered Building Consent related to a refused planning application. - 6.4 The loss of the rear outrigger again is not considered to detract from the special character of the Conservation Area and therefore no objections to the proposal complying with

the statutory test. There is also no concern with the demolition of the rear wall/pedestrian gate and rebuilt with a pedestrian gate.

Impacts upon the Conservation Area and the visual amenities of the street scenes

6.5 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Sections 18(3) and 18(4) of the Town and Country Planning Act (1999) as mentioned above, also requires that the desirability of preserving or enhancing its character or appearance in the exercise. - 6.6 For the reason outlined previously (pars 6.2 to 6.4) it is considered the proposal is acceptable and would preserve the character and appearance of the Conservation Area. - 6.7 The merits of the replacement single storey extension are considered under application 24/91338/B and the decision on this application has no bearing on that application or its decision.

- 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, Section 18(4) of the Town and Country Planning Act (1999) and Section 19 of the 1999 Town and Country Planning Act 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 the 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, and/or rights to appeal.

Decision Made : Permitted Date : 21.01.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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