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Application No.: 23/01137/CON Applicant: Mr Luke Dillon-Mahon Proposal: Registered Building consent for demolition elements to PA 23/01136/B Site Address: 6 Kingswood Grove Douglas Isle Of Man IM1 3LX Planning Officer: Mr Paul Visigah Photo Taken: 11.12.2023 Site Visit: 11.12.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.03.2024
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 meets the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the conservation area is being preserved. The application also meets the tests of Strategic Policy 4 and Environment Policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved.
Plans/Drawings/Information; This decision relates to the documents and plans received 4 October 2023, and the Manx Bat Group's Bat Survey received 24 January 2024. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is 6 Kingswood Grove, a mid-terrace property within the Windsor Road Conservation Area. The property forms part of a late 19th century terrace with three storeys below eaves level (with a fourth storey within the roof space), slate pitched roofs, painted smooth render wall finish, masonry chimney stacks on the party walls, sliding sash windows in a regular pattern, and painted timber doors with fanlights above. - 1.2 The properties that form the terrace to which the application site belongs are set back from the highway with front gardens enclosed by dwarf walls and painted metal railings. These properties also have rear outriggers which project towards the rear lane, with space for the rear yards created between the narrow gaps afforded at the rear. - 1.3 The rear yard of the application property opens up towards the rear lane and has poorly formed single storey rear outriggers partly enclosing a narrow rear yard. Part of the rear yard is currently used as a parking apron.
2.0 THE PROPOSAL - 2.1 The application seeks approval for Registered Building consent for demolition elements to PA 23/01136/B. - 2.2 The demolition would involve the removal of part of the existing lean-to roofed outrigger and all of another outrigger within the rear yard to enable the erection of a flat roofed extension to the dwelling.
3.0 PLANNING POLICY - 3.1 The site is within an area designated as Residential in the Area Plan for the East and within the Windsor Road Conservation Area. The site is not in an area at risk of flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999
(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.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
3.4 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN
3.5 Windsor Road Conservation Area Character Appraisal (2013). "REAR ELEVATIONS AND BACK LANES
5.8 It is typical that care and attention to details were taken to a high level on the major principal elevations but did not apply to the rear of buildings. Perhaps this was the domain of the servants and as such this does not apply in our modern world. Perhaps the sense of theatre was applied to the front elevation and was not seen as necessary to the rear of the property. Some of the rear lanes produce a confusing assortment of rear external alterations and editions, walls of varying heights and materials, electricity poles, overhead lines and bins."
4.1 There are numerous applications on the property related to alterations of the building. They include:
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Douglas Borough Council have no objection to the application (20 October 2023).
5.2 DEFA Ecosystem Policy Team state that the Manx Bat Group's Bat Survey for the site is in order and that suitable level of assessment has been undertaken. They request that the roof tiles for the outhouse be removed by hand before demolishing the building, in case bats are sheltering underneath as there is low potential for bats to reside underneath the roofs (25 January 2024). - 5.3 No comments have been received from neighbouring properties.
6.1 The fundamental issue to consider in the assessment of the current application is whether the proposal would preserve or enhance the special character of the Windsor Road Conservation Area.
6.2 Granting the property is not registered, the Town and Country Planning Act 1999 requires that demolition in Conservation Areas have registered building consent to safeguard the character and appearance of the surrounding area.
6.3 In the case of the current application, all of the works proposed would be confined to the rear lane which comprises mainly rear outriggers, garages, parking and rear boundary walls, considered by Windsor Road Character Appraisal to bear no contributing to the character and appearance of the Conservation Area. Therefore in relation to the demolition of the rear outriggers, there are no concerns as it is considered that the merits of the proposals are beneficial to the main dwelling and Conservation Area. - 6.4 Based on the foregoing, it is deemed that the proposed works would not impact adversely on the Character and appearance of the Conservation Area as a whole.
7.1 It is judged that the proposal meets the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the conservation area is being preserved. It is also judged that the application meets the tests of strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved. It is therefore recommended that the application be approved. - 8.0 INTERESTED PERSONS STATUS
8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:
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
Decision Made : Permitted Date : 05.03.2024 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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