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DEPARTMENT OF ENVIRONMENT FOOD AND AGRICULTURE

TOWN AND COUNTRY PLANNING ACT 1999 TOWN AND COUNTRY (DEVELOPMENT PROCEDURE) (No2) ORDER 2013

Agenda for a meeting of the Planning Committee, 9th September 2019, 10.00am, in

the Ground Floor Meeting Room of Murray House, Mount Havelock, Douglas

1. Introduction by the Chairman 2. Apologies for absence Mr Kermode Member 3. Minutes To give consideration to the minutes of a meeting of the Planning Committee held on the 27th August 2019. 4. Any matters arising 5. To consider and determine Planning Applications Schedule attached as Appendix One. 6. Site Visits To agree dates for site visits if necessary. 7. Section 13 Agreements To note those applications where Section 13 Agreements have been concluded in the period - None 8. Any other business 9. Next meeting of the Planning Committee Set for 23rd September 2019.

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Appendix One PLANNING COMMITTEE Meeting, 9th September 2019

Schedule of planning applications

Item 5.1 Ayre View Smeale Road Smeale Ramsey PA19/00386/B Recommendation : Permitted

Alterations and erection of extension to reinstate existing cottage with ancillary shed, detached garage and creation of driveway and vehicular access

Item 5.2 Plot 13 Hillberry Green Douglas Isle Of Man PA19/00585/B Recommendation : Permitted

Erection of a detached dwelling with associated parking, access and landscaping

Item 5.3 17 North View Peel Isle Of Man IM5 1DQ PA19/00800/B Recommendation : Permitted

Widening of vehicle access and additional use of dwelling for use of business

Item 5.4 Court House Parliament Street Ramsey Isle Of Man IM8 1AR PA19/00811/GB Recommendation : Permitted

Alterations, installation of roof lights and conversion of existing court house into a multi-functional community centre (in association with 19/00812/CON)

Item 5.5 Court House Parliament Street Ramsey Isle Of Man IM8 1AR PA19/00812/CON Recommendation : Permitted

Registered Building consent for alterations, installation of roof lights and conversion of existing court house into a multi-functional community centre (in association with 19/00811/GB) Registered Building Nos. 79

Item 5.6 Cathedral Isle Of Man (formerly St Germans Cathedral) Derby Road Peel Isle Of Man IM5 1HH PA18/00529/GB Recommendation : Permitted

Alterations, erection of extension to South elevation, installation of roof lights, replacement of railings to boiler room, provision of external screening and internal alterations to provide toilet, kitchen, multi function space and cafe facilities (In association with 18/00530/CON)

Item 5.7 Block H White Hoe Industrial Estate Old Castletown Road Douglas Isle Of Man PA19/00820/C Recommendation : Permitted

Change of use of industrial unit to a car showroom

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PLANNING AUTHORITY AGENDA FOR 9th September 2019

Item 5.1 Proposal : Alterations and erection of extension to reinstate existing

cottage with ancillary shed, detached garage and creation of driveway and vehicular access

Site Address : Ayre View Smeale Road Smeale Ramsey Isle Of Man

Applicant : Mr & Mrs Derek Coombes Application No. : Principal Planner :

19/00386/B- click to view Mr Chris Balmer

RECOMMENDATION: To APPROVE the application

______________________________________ Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C 2. Prior to the occupation of the dwelling hereby approved the vehicular access and visibility splays identified on Drawing Nr 18 1320 4 REV A; shall be completed in accordance with the approved plans and retained thereafter including the visibility splays kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level. Reason: In the interests of highway safety. C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area. C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

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C 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area. C 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no greenhouses or polytunnels shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area. C 7. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety. C 8. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each and other planting which are to be retained (the front roadside vegetation should be retained as much as possible). All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development. C 9. The solar array hereby approved is required to be ground mounted (i.e. sat on ground) rather than pole mounted or similar. Reason: In the interests of visual amenities of the area. C 10. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area. N 1. The applicant is advised that there is potential for the lizards and/or bats on the site and if found during the construction of the proposal they should contact a member of the

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Ecosystem Policy team(DEFA) in order to put protection or mitigation measures in place. Lizards and bats are both listed on Schedule 5 of the Wildlife Act. It is an offence under the Wildlife Act 1990 to intentional or recklessly kill, injure or take species listed on Schedule 5 or to damage their places of shelter.

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Interested Person Status – Additional Persons It is recommended that the following persons 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): Ballakinnag, Ballakinnag Road, Smeale 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. Manx Wildlife Trust 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; 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; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and 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.

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Planning Officer’s Report THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL 1.0 THE APPLICATION SITE 1.1 The application site is Ayre View (tholtan noted on plans dated back to 1865), Smeale Road, Smeale which is located to the western side of Smeale Road. Within the site is a single storey traditional cottage which is in a state if dis-repair. It is not currently habitable. The building is of traditional laid Manx stone/beach stone painted with a whitewash, with slate roof with a central doorway with single windows either side. The existing four walls are present as are the original two gable end chimney stacks. 1.2 Pedestrian access of the site can be achieved directly from the Smeale Road via an existing pathway (overgrown). 2.0 THE PROPOSAL 2.1 Full planning approval is sought for the alterations and erection of extension to reinstate existing cottage with ancillary shed, detached garage and creation of driveway and vehicular access. The main works involve: a) Retention of existing built fabric of Ayre Cottage with new windows and doors installed and new Welsh slate roof installed;

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b) Single storey side extension with a width of 3.2m, a depth of 5.1m and a height of 4m. This sits partially on the footprint of a former extension to the building which has since been removed, albeit the concrete floor slab still exists. The extension would be in the form of a tradition style with pitched roof and traditional form. the extension would be finished in clad in horizontal Marley eternity cedral boarding in a light blue/grey colour; c) Rear single storey extension with a more contemporary form, design and finish with a mono-pitched roof, with large amount of glazing (floor to ceiling) finished in painted render/timber cladding and a Metseam Zinc standing seam roofing system. This extension would have a depth of between 4.5 & 5.7m, a width of 5.9m and a maximum height of 3m; d) A new detached single storey building (housing sustainable technology shed) with lean-to style roof, measuring 3.5m x 4.5m and a height of 3m. This would be located 4m to the north-west of the tholtan. This building would be clad in beach stone with Welsh slate roof; e) A new detached single storey pitched roof garage to the north of the tholtan, measuring 6.6m, 4.2m and a height of 4.2m. The garage is 22m from the tholtan. The garage would be finished in A horizontal Marley eternity cedral boarding in a light blue/grey colour and a Welsh slate roof; f) Creation of a new vehicular access to the north boundary of the site. The access would have a width of 8m and would provide vehicle access for the detached garage and hardstanding area to the side and front of the garage. A footpath runs from the hardstanding area to the tholtan building (apps 22m in length); and g) Installation of a solar array (5m x 4.4m) to the south-western corner of the site. 3.0 PLANNING HISTORY 3.1 The site has been the subject of a number of previous planning applications which are considered of material relevance to the determination of the current application; 3.2 Approval in principle to erect a wardens office to replace derelict cottage - 01/00419/A - APPROVED 3.3 Alterations and extensions to form additional living accommodation and porch - 85/00914/B - REFUSED 4.0 PLANNING POLICY 4.1 The application site is designated under the IOM Development Plan Order 1982 as an area of High Landscape or Coastal Value and Scenic Significance therefore not designated for development. The site is not within a Conservation Area but is within an area of Nature Conservation Zone, Nature Reserve & Sites of Ecological Importance for Conservation. 4.2 The following policies are taken from the IOM Strategic Plan 2016 and are relevant for consideration: 4.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative". 4.4 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which

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will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential." 4.5 Environment Policy 4 states: "Development will not be permitted which would adversely affect: (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward." 4.6 Housing Policy 13 states: "In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where: a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made available from existing services within the highway. This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original)." 4.7 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

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4.8 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7." 5.0 REPRESENTATIONS AND CONSULTATIONS 5.1 Highway Services initial comments raised concerns (02.05.2019 & 15.08.2019); however following amended plans being submitted and additional information on the ownership of the grass verge along the roadside, Highway Services make the following comments (19.08.2019): "Following the previous highway response dated 15/08/19 additional information has come to light. The land between the red line application boundary and the adopted carriageway, currently grass verge, is shown as unadopted highway. However, it has subsequently been brought to our attention that the verge is classed as adopted and therefor the applicant could provide and maintain the visibility splays on this land as shown on the revised site plan. As stated in the previous response the 2013 speed survey is too far away to be directly representative of speeds at the site, and the 2.4m x 60m visibility splay to the north is below the visibility standard of 2.4m x 70m in the 'Design Manual of Roads and Bridges' design guide for 30mph traffic. However, due to the location and nature of the road it is not considered that this deficit is sufficient to warrant a highway objection to this application, albeit the situation is not ideal. Summary Highway Services does not oppose the application. A S109A Highway Agreement would be needed to legally create the new vehicular access onto the adopted highway. It should be noted that due to the visibility of the proposed access being below visibility standards it cannot be guaranteed that Highway Services will enter into a highway agreement, and the applicant will need to discuss this with Highway Services if planning permission is granted. Recommendation: “DNO" 5.2 Andreas Parish Commissioners raise no objection (26.04.2019 & 10.08.2019). 5.3 Manx Utilities initially sought a deferral (02.05.2019) and then confirmed they had no comments to make (12.07.2019). 5.4 Ecosystem Policy Officer (DEFA made the following comments (25.04.2019): "We are glad to see that one of the primary objectives of the project is to support and encourage local flora and fauna diversity within the property's curtilage and agree with all the suggested environmental measures as listed within the supporting documentation. DEFA cleared the site prior to the current owners purchase. Since then the vegetation has been maintained very short where the extension and garage are to be located therefore we assess the risk to lizards as low. Though a bat survey has been undertaken on the property there has been no survey on the trees to be removed but we consider the risk to roosting bats in these sycamore trees as low.

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I do however request that the applicants remain vigilant and if lizards or bats are found then work should stop immediately and a member of the Ecosystem Policy team should be contacted in order to put protection or mitigation measures in place. Lizards and bats are both listed on Schedule 5 of the Wildlife Act. It is an offence under the Wildlife Act 1990 to intentional or recklessly kill, injure or take species listed on Schedule 5 or to damage their places of shelter. I also request that the working area for the development is limited to as small an area as possible and if materials are required to be stored on site during construction they should be stored on the short grassland to limit disturbance and damage to the wider site." 5.5 Manx Wildlife Trust welcomes the proposal to appropriately manage and design the development with the local wildlife in mind but to highlight some issues and questions (12.04.2019) which are summarised as: "can bird survey results be included; bat report is included but does not indicate if trees where assessed for bats or if further survey works are needed; no detail on risk for other flora and fauna (common lizard id likely to be a high risk in this location; what impact will there be from the proposal? 5.6 The owner/occupier of Ballakinnag, Ballakinnag Road, Smeale whilst they have no objection to a sensitive reinstatement of the cottage they raise the following concerns which are summarises as (02.05.2019); question needed for detached garage; there is a watercourse within 9m of the property and not indicated on application form; the ditch which runs along frontage is silted up and flattened out in areas due to lack of maintenance for years and cause water to spill over the verge onto the road; if the applicants build over this watercourse it could cause the ditch to back up and spill onto the road higher up and potentially damage verges and the road surface, notwithstanding the damage it could to the applicants driveway and access. 5.7 In response to the questions/comments raise by various parties; the applicant made the following response: o Manx Bat Group have visited the site and have answered the questions of the Manx Wildlife Trust i.e. there are no signs of bats in the building or on the plot; o Any Lizards found on the site we will immediately contact the Ecosystems Policy Team in DEFA - We have also maintained the areas which were cleared by DEFA (previous owners) who had earlier cut back vegetation on the site. We have no seen any Lizards so far; o Meetings have taken place with Manx Utilities and the owners of Ballakinnag Farm regarding the ditch along the front of the site which has not been maintained; This ditch only carries water in server weather and the soil composition (sand) means that most water tends to be absorbed into the land as opposed to flow over it. This lack of flow has resulted in the lower sections becoming silted up and this has been the case for decades. Due to this there is no evidence of the ditch at all. Manx Utilities have confirmed that this is not a designated watercourse and that the proposal will not alter any watercourse or water flow in the area and does not have any implications for our planning application. Manx Utilities have confirmed that Highways will undertake some ongoing ditch maintenance in the area but this will not affect Ayre Cottage. 6.0 ASSESSMENT 6.1 The starting point for a proposal to convert an existing building in the countryside to a dwelling would be Housing Policy 13. There are a number of criteria indicated within this policy, with which any proposed development must comply.

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6.2 The first is whether the existing original abandoned dwelling is substantially intact, having at least three of the walls, standing up to eaves level and structurally capable of being retained. In this respect the property has all four walls up to eaves level. However, the application includes a structural survey prepared by a qualified person in this field who comments that the "The existing building is in a dilapidated condition, making it only possible to retain only certain elements of the structure, however, the south gable and the east/west side walls are capable of being retained up to eves level.". 6.3 Accordingly, it is considered whilst one of the walls (north) needs to be rebuild, there are still three walls up to eves level and the remainder of the building is structurally capable of being retained. Therefore the proposal complies with this aspect of the policy (a). 6.4 The next aspect to consider is there is an existing, usable track from the highway; and where. As indicated, the proposal is immediately adjacent to the public highway. The proposal includes the creation of a new vehicle access which in terms of the visual impact is considered acceptable. Further, Highway Services have considered the application and raise no objection to the access and visibility splays which would be provided. Accordingly, it is considered the proposal would comply with this aspect of the policy. 6.5 Section (c) of the policy requires there to be a supply of fresh potable water and of electricity can be made available from existing services within the highway. The aims of the proposal are to enable the property to use sustainable resources with solar energy generated electricity to run the dwelling which will be collected by the solar array proposed within the site, which will contact to batteries within the proposed "sustainable tech shed" building, while also accommodates a heat exchange tanks and comments associated with this sustainable system. Heating of the property would be via a back boiler from a log burner and the electric from the said solar array. Water is provided from an agreed installation from a dedicated mains water supply from the adjacent landowner. Roof water would also be collected and stored in a water tank for plant irrigation when required, with overflow to a soak away into the sandy ground. Following professional assessment of the site and anticipated demand, the domestic sewerage would utilise a septic tanks with outfall to a set of tail drains. This would not require an electric supply and the sandy ground conditions present on site are excellent for drainage requirements accordingly to the applicants. Lastly, the rear extension has been designed in a contemporary extension, with large amount of glazing which is south facing to further improve light and heat; however, it also includes an overhang and solar shading to prevent excessive solar gain through the glazed elements. Accordingly, the design of the actually proposals also help in sustainability, as well as ensuring the property has the required services; albeit not in the more conventional way. However, it is considered the ways the applicants have approached this aspect of the policy are acceptable and should be encouraged. 6.6 The last aspect of the policy to consider, is arguable the aspect which is the most contentious. The policy indicates that extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building i.e. in terms of floor space measured externally, the extension measures less than 50% of that of the original. The proposed extension would go beyond the 50% threshold. The existing property is very modest in size being 44sqm, while the proposed extensions would also be fairly modest extensions equating to 43sqm. What would result is the dwelling would have a total floor area of 87sqm a 97% increase over the existing floor area. In terms of accommodation, the extensions provide a bedroom, kitchen and shower room. The proposed extension would still only result a one bedroom unit and therefore it could be reasonable

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considered the extension are not excessive, but essential provides the minimum amount of accommodation to make the scheme viable/useable. 6.7 It is also considered that while the extension essential double the floor area of the dwelling, they are considered to be design in such a way that from public views they would still appears subordinate. Certainly, the side extension to the front elevation; which is the aspect that will be most apparent from public views, is subordinate and with it being set back from the front façade of the existing façade and being finished in a timber cladding, will result in an extension which is subordinate and clearly appear as an extension to the original cottage, with the latter still being the dominate feature. 6.8 The rear extension will only partially be apparent from public views; given it design, siting to the rear; topography of the surrounding landscape and the amount of landscaping along the roadside and in the area surrounding area. There will be sections of the northern and southern elevation of the upper sections of the extension that may be apparent from public views; especially if the roadside landscaping was removed (not currently proposed, but a landscaping conditions should be attached to retain it). However, again the low roof pitch of the extension; the fact such views would be of isolated aspects and not the extension as a whole; and its design, would likely ensure the extension would not become the dominating feature, but subordinate to the original cottage. 6.9 The more contemporary design may not be to everyone's taste; however, in this case it is considered the sustainable aspects of the proposal (solar gain etc) and the fact there is a clear distinction between old and new, while not becoming a dominating feature from public views is therefore considered to be acceptable form of development. 6.10 In relation to the issue of the front ditch/watercourse, the comments of the applicants are noted and those of Manx Utilities who have considered the application in detail and raise no objections. If an issue where to occur, it would likely be in the applicants own interest to resolve any issue. However, given the lack of objection from Manx Utilities and as this application would not increase the potential issues of flooding of the local road (issues potentially outside applicants' control) it is not considered the application could be refused on this basis. Further, from comments received, a major issue seems to be the lack of maintenance of the ditches in the area and frontage of site etc. It is not considered unreadable to conclude that with person/s living at the site that maintenance is more likely to be undertaken in the future, compared to an empty site as has been the case for a number of decades. 7.0 CONCLUSION 7.1 The application is recommended for an approval. 8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons 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 or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

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o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. 8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

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PLANNING AUTHORITY AGENDA FOR 9th September 2019

Item 5.2 Proposal : Erection of a detached dwelling with associated parking,

access and landscaping Site Address : Plot 13

Hillberry Green Douglas Isle Of Man

Applicant : Mr Christo & Mrs Susie Roelofse Application No. : Principal Planner :

19/00585/B- click to view Mr Chris Balmer

RECOMMENDATION: To APPROVE the application

______________________________________ Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C 2. Prior to occupation of the development hereby approved, the adjacent hedging shall be realigned / lowered to no more than 1.0m above carriageway level in order to achieve a 25m clear line of sight in both directions measured 2.4m back from the private road edge, and retained as such thereafter. Reason: in the interests of highway safety. C 3. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the bats. C 4. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety. C 5. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

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Reason: In the interests of the character and appearance of the site and surrounding area. C 6. Other than the retained trees referenced as T0043 and T2423 or in accordance with the approved plans and particulars, no retained tree shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. Reason: To maintain the amenities of the area by minimising the level of tree canopy cover lost due to the development C 7. Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-26916v2) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and/or implemented and retained for the duration of the construction process. Reason: To ensure that the majority trees marked for retention are adequately protected from construction activity which may have a detrimental impact on their health and longevity C 8. Replacement tree planting shall be carried out in accordance with the Mitigation Planting Plan (prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of a similar size, species and number as originally approved, unless the Department gives written consent to any variation. Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development. C 9. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the north-western elevation of the first floor bedroom windows and shall be maintained as such thereafter. Reason: To preserve the amenities of the occupants of the adjacent dwelling.

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Interested Person Status – Additional Persons It is recommended that the following persons 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): Long & Humphrey, The Old Court House, Athol Street (Hillberry Green Limited); The owners/occupiers of 67 Cronk Drean, Douglas; The owners/occupiers of Highbury House, Hillberry Green, Douglas As they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned (either withdrew objections or support scheme) or occupied by them and in relation to the

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relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.

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Planning Officer’s Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE REGARDED AS CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL. 1.0 THE SITE 1.1 The application site comprises a parcel of land located within Hillberry Green in Douglas. The site is generally open grass with a number of mature trees around its perimeter. The plot measures approximately 0.5 of an acre (0.20 ha) in area. 1.2 Access to the site is via a field gate (as well from the neighbouring dwelling Garden Cottage) along the eastern boundary of the site onto the private Hillberry Green road, which runs in a southerly direction from the site to the main access of Hillberry Green which accesses onto the Glencrutchery (A2). 2.0 PROPOSAL 2.1 The application seeks approval for the erection of a detached dwelling with associated parking, access and landscaping. The single dwelling proposed would have a maximum width of 16.4 metres, a maximum depth of 13.2 metres, and a maximum ridge height of 7.5 metres. The proposal would be set a minimum distance of 6 metres to the west of the Hillberry Green road. 2.2 The proposed dwelling is traditional in form with a pitched roof and gable projecting sections with pitches roofs above, albeit its finishes (appears to be render, stone and timber cladding; albeit not specified on the plans) and amount of glazing proposed gives a more contemporary feel. 2.3 Access is via the existing filed gate, albeit the access would be formalised with hardsurfacing laid, which in turns runs to an onsite parking area for at least two vehicles and turning provision. 2.4 A total of 7 trees would be removed within the site. 3.0 PLANNING POLICY 3.1 The application site is within an area designated as being an area of "Low Density Housing in Parkland" (LDHP), under the Douglas Local Plan. The site is not within a Conservation Area, nor within an area zoned as High Landscape or Coastal Value and Scenic Significance. 3.2 Due to the zoning of the site, and the nature of the proposed development, the following Planning Policy is relevant in the consideration of the application:- 3.3 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."

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3.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." 3.5 Spatial Policy 1 states: "The Douglas urban area will remain the main employment and services centre for the Island." 3.6 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." 3.7 Housing Policy 6 states: ''Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 (General Policy 2) of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive''. 3.8 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." 3.9 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." 3.10 Planning Circular 8/89 - Low Density Housing in Parkland needs to be taken into consideration when determining the application. Paragraph 3 of this policy states:-

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"Areas of existing low density housing in parkland (marked "PE" - Private Estates - on the Development Plan) are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly within the built areas of the Island's Towns and Villages, and (b) those which are not. In the case of (a), Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted. In the case of (b), The erection of further dwellings will only be permitted in exceptional circumstances Paragraph 4 goes on to state:- Areas proposed for development as Low Density Housing in Parkland may be developed in accordance with the following criteria:- (a) buildings must be substantial, and designed and finished to the highest quality; and (b) each dwelling must be sited in at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees. Any specific policies included in the relevant Local Plan must also be observed. Satisfactory provision of services and access will, of course, also be required." 4.0 PLANNING HISTORY 4.1 The previous planning applications are considered relevant in the assessment and determination of this application:- 4.2 Approval in principle for the erection of a detached dwelling and garage - 12/00848/A - APPROVED 4.3 Approval in principle for the erection of four bedroomed dwelling and garage - 05/02090/A - APPROVED 4.4 Approval in principle for erection of dwelling and garage - 01/02436/B - APPROVED 4.5 Erection of detached dwelling with double garage - 89/01990/B - APPROVED 5.0 REPRESENTATIONS 5.1 It should be noted that there have been a number of sets of amended plans advertised. 5.2 Douglas Borough Council have no objection (14.06.19 & 02.08.19). 5.3 Highway Services do not objection making the following comments (21.06.2019): "The proposed development is served off Hillberry Green (a private road) serving a number of detached dwellings along its length.

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There are no records in relation to the previous planning application back in 2012 that can referred to in terms of highways. Notwithstanding previous comments, new guidance has been launched in the form of the Manual for Manx Roads and therefore the application has been determined on latest guidance. The development is served off a single access with sightlines of 2.4m x 25m in either direction with the forward visibility taken out to 1.0m from the road edge. There are no details of vehicle speeds on this private road therefore it is not clear whether 25.0m as a stopping sight distance is acceptable in this location. However, Hillberry Green is a culs-de- sac with limited traffic expected to pass the site entrance. Given the fact that the development is also located on a private road, this reduces the likelihood of public using this route. I am therefore satisfied on this occasion that the access is safe. The site also provides adequate parking and vehicles are able to turn within the site allowing vehicles to enter and exit in a forward gear. The traffic generation from a single dwelling is not considered to be a material concern in terms of its access onto the public highway therefore the proposals are considered on balance to be acceptable from a highway aspect. Should you be mindful to approve this application, please attach the following condition: Prior to development becoming occupied the adjacent hedging shall be realigned / lowered to no more than 1.0m above carriageway level in order to achieve a 25m clear line of sight in both directions measured 2.4m back from the private road edge. The visibility splays shall be maintained at all times throughout the life of the development to the satisfaction of the Planning Authority. Reason: in the interests of highway safety. Recommendation: DNOC." 5.4 Arboricultural Officer - Forestry, Amenity and Lands Directorate (DEFA) initially made the following comments (16.06.2019): "There are two trees adjacent to the site which are not covered in the tree survey or arboricultural impact assessment. These are a mature elm to the west of the site, situated on the boundary between 65 and 67 Cronk Drean, and an early mature ash tree to the north of the site, within the grounds of Highbury House. Both trees are within 2m of the boundary and potentially have roots located within the site of interest. I recommend you ask the applicant to get the author of the tree report to investigate the likely impact to these trees and report back with their findings. Having visited the site it appears that the siting of the proposed dwelling has not been optimised to minimise the arboricultural impact. In a slightly different position the proposed development could have retained some of the trees now proposed for removal. Have alternative designs been considered? Why were they ruled out? Although the design does not appear to minimise the arboricultural impact, none of the trees marked for removal are particularly good/important specimens and with the mitigation planting which is proposed, the overall impact of the development is not significant enough to

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warrant my objection. The proposed planting is critical however, and would need to be covered by a condition. Prior to making these comments I was contacted by the Directors of Hillberry Green Limited, the company which own the communal spaces within the estate. They claim that the verge to the east of the site between the conifer hedge and the road belongs to Hillberry Green Limited, rather than the applicant. I am aware that ownership is not generally considered a material consideration, but with the wording of the standard conditions there is a risk that the trees on the verge will end up not being removed (because they don't belong to the applicant) but substantially damaged (because the building is within the RPA). The protection plan has been prepared on the assumption that the trees can be removed. If this turns out not to be the case, additional protection measures and specialist building methods would be required if the trees which are outside the site are to be retained without damage. In addition, the space to replant would be created by the proposed tree removal; you couldn't enforce a replanting condition if there wasn't space to plant the trees. The worst case scenario is that you will end up with tree removal within the site and damaged trees (e.g. dying back due to root damage) outside the site without it being possible to implement the proposed mitigation. I will wait for your response to this issue before I recommend any conditions." 5.4.1 Following a number of discussions with the applicants consulting arborist (Manx Roots) and amended/additional information being supplied, the Arboricultural Officer (DEFA) made the following comments (22.07.2019): "Following my initial comments in the email below the arboricultural consultant undertook further investigations which address the points raised in 1st paragraph. By retaining the trees in the roadside verge, the recent amendments to the scheme remove the complications presented by contested ownership. The amended arboricultural impact assessment acknowledges that the proposed construction could have a detrimental impact on the health of the retained trees and the applicant has told me that they would be happy to replace them at a later date if the extent of dieback expected makes retention unviable. In this scenario, permission would obviously be required under the Tree Preservation Act ('TPA', administered by Agriculture and Lands Directorate) and any application made under this legislation to remove trees damaged by construction activity is only likely to be approved with a condition to plant suitable replacement trees. Where damage is expected I would usually prefer to see pre-emptive felling and replacement and avoid dealing with development related tree removal/replanting under the Tree Preservation Act, but it in this instance, given the ownership issues and limited public amenity value, I think this would be acceptable. Note, that whilst the public amenity value may be low, the private amenity value to individual residents living nearby may be somewhat higher. Representations regarding private amenity value, however, should come from the landowners/residents who may be affected; the Agriculture and Lands Directorate do not make representations on behalf of private residents. The tree protection plan remains the same. A recommended condition relating to the implementation of the proposed protective measures is shown below. The retention of T0043 & T2423 means that there is not now room to plant 3 A.campestre in the verge. The updated planting plan is acceptable and a recommended condition relating to this is shown below

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If this application is approved I recommend that you consider applying the following conditions: 1) Other than the retained trees referenced as T0043 and T2423 or in accordance with the approved plans and particulars, no retained tree shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. Reason: To maintain the amenities of the area by minimising the level of tree canopy cover lost due to the development 2) Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-26916v2) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and/or implemented and retained for the duration of the construction process. Reason: To ensure that the majority trees marked for retention are adequately protected from construction activity which may have a detrimental impact on their health and longevity. 3) Replacement tree planting shall be carried out in accordance with the Mitigation Planting Plan (prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of a similar size, species and number as originally approved, unless the Department gives written consent to any variation. Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development." 5.5 The Eco Systems Policy Officer (DEFA) seeks that a bat survey be undertaken prior the removal of any trees on site as the area has a record of bats (28.06.2019). 5.6 Long & Humphrey, The Old Court House, Athol Street initially wrote on behalf of their clients (Hillberry Green Limited - owners of service road, sewers and all amenity land within the Hillberry Green Estate) objecting to the application (01.07.2019). However, following amended plans being received they withdrew their client's objection (14.08.2019). A further representation was received (30.08.2019) which indicated following an email from the applicants which they asserts the 25m visibility splay can be achieved with only minimal (approx. 1 metre) removal of the hedge to the right of the entrance shown on drawing number TR16419V2, that their client is supportive of this position and considers any more significant remodelling, removal or reduction in the height of the hedging will have an adverse impact on the woodland setting of Hillberry Green; and they also seek being granted IPS. 5.7 The owners/occupiers of 67 (& owner of Nr 65) Cronk Drean, Douglas (03.07.2019) comments that they support the application; they and the owners of Garden Cottage bought the plot when the area was been development to prevent the developer building a large dwelling on the site; they sold their share in 2003 to the applicants (father/father in-law) to develop the plot at some stage; Further they comment that its design and situation of the proposed house is sensitive and makes the most of the open nature and the trees.

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5.8 The owners/occupiers of Highbury House, Hillberry Green, Douglas initially objected to the application (19.06.2019); however they confirm (07.08.2019) that they wish to withdraw this objection. 6.0 ASSESSMENT 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development; (b) potential impact upon the visual amenities of the area; (c) potential impact upon neighbouring amenities; and (d) potential impact upon highway safety. PRINCIPLE OF DEVELOPMENT 6.2 As indicated within the 'Planning Policy' section of this report, the site is designated as " Low Density Housing in Parkland" (LDHP), under the Douglas Local Plan'; therefore it is considered that the principle of residential development is acceptable on this site. However, further material planning matters as indicated previously needs to be considered, to determine if the principle of a single dwelling on the site is appropriate. It is also noted that a number of Approval in Principle planning applications for a new dwelling on this site and on a similar footprint, have been approved previously (see planning history section) under the same land use designated of "Low Density Housing in Park Land" and in consideration of Planning Circular 8/89. POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA 6.3 It needs to be acknowledged the requirements of Planning Circular 8/89 which are indicated within the Planning Policy section of this report, specifically paragraph 4 as the site is designated as "Low Density Housing in Parkland". 6.4 As outlined in paragraph (a) any dwelling must be substantial, and designed and finished to the highest quality. Further to these essentially design brief for the sites; Housing Policy 6 indicates that sites designated for residential development; "must be undertaken in accordance with the brief in the relevant area plan" i.e. the Douglas Local Plan. Further Housing Policy 6 indicates that such briefs will encourage good and innovative design, and will not be needlessly prescriptive. 6.5 The proposed dwelling is a substantial dwelling as required by the Circular, and is considered to be of an appropriate design, with a more traditional form, but with contemporary finishes and fenestration. Design is a very subjective matter; however, in this case it is considered the proposal would fit within the area of Hillberry Green, albeit a different design approach. 6.6 In terms of the requirements of paragraph (b); this is one of the elements of the proposal which does not meet the Circular, given the plot size is 0.5 acres, rather than the required 1 acre. However, visiting Hillberry Green, it was noted the immediate neighbouring properties around the application site are also below this acreage, and in fact approximately 7 of the 18 dwellings within the housing area of Hillberry Green meet this standard, the remaining 11 dwellings are below this, ranging from approximately 03. Acres to 0.9 acres. The majority of the properties above the 1 acre are those along the eastern boundary of the Hillberry Green area which back onto Governor's Bridge and the start of the Mountain Road. The western side of Hillberry Green and within the centre of Hillberry Green are generally properties with plots smaller than 1 acres and the application site essentially sits in the middle of these. It is considered the proposed dwelling size on this plot of 0.5 acres would still site comfortable within it, and would also fit well within the Hillberry Green area and be in keeping. It is also worth noting, this site appears to be the last plot available to development within Hillberry Green.

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6.7 It is also noted the previously approvals which will also have had to considered this issue (Planning Circular 8/89) and were all approved. Accordingly, given the main element of the policy (adopted 1989) is unchanged since this time, it would seem unreasonable to refuse the application now, on this issue of size of plot. 6.8 The proposal would result in a total of 7 trees on the site being removed which again the Circular seeks against. However, as outlined by the Arboricultural Officer (DEFA) their loss would not result in an adverse impact upon public amenities. The detailed Tree Survey prepared by Manx Roots, which the Arboricultural Officer raises no objection too; indicates that 7 trees (Ash, Beech, Elm & Hawthorn) to be removed within the site (Category 1Nr B tree; 2Nrs C Trees and 1 Nr Category C group made up of 3 trees) are required to facility the proposed development, but it is concluded the tree loss is deemed to have a low impact on overall canopy cover of this heavily treed area. They note the most "notable" tree to be removed is a middle-aged Category B Beech tree; however, the loss will have little or no visual impact from outside of the site. The remaining 2Nrs Category C trees marked for removal are both Ash trees which are relatively young and poorly positioned; their removal is considered to have little or no visual impact from outside the site. There is a further Category U tree which is recommend to be removed, irrespective of this application. 5Nr Leyland (hedges) would be removed to widen access. Mitigation planting is proposed in the way of Nrs 2 Upright Field Maples (3/4m high) which would be planted either side of the main access of the site, along the roadside boundary. 6.9 Overall, given no objection from the Arboricultural Officer and from visiting the site and noting the trees which have the greater important in terms of public amenity and visual amenity to the street scene/area are being retained; it is concluded while again this proposal would not entirely fit with the strict interpretation of the Circular, it is considered it arguable meets the aims of what the Circular is seeking, which is essentially ensuring a site retained its "Parkland" character, by retaining the trees which make it what it is. In this case, for the above reasons it is concluded this would still be the case and therefore meet the overall aims of the Circular. 6.10 In terms of IOM Strategic Policies it is also considered the proposal would make best use of under-used land (Strategic Policy 1); be within a sustainable settlement of Douglas (Strategic Policy 2), which is also considered to be the main urban area for employment and services centre for the Island (Spatial Policy 1) and therefore would comply with these polices of the IOMSP as well. 6.11 Overall, it is consider the proposed design, size, proportion, form and finishes would be appropriate in this location within Hillberry Green and would comply with Planning Circular 8/89, General Policy 2 and Housing Policy 6 of the IOM Strategic Plan. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.12 Generally when considering potential impacts of a development upon neighbouring amenities the key considerations are loss of light, overbearing impacts upon outlooks and/or overlooking resulting in a loss of privacy. These are considered the main aspects for consideration with regard to this application. 6.13 In this case the property most likely to be affected by the development would be Nr 67 Cronk Drean to the west of the site. The proposed dwelling's front elevation would be angled away from this property; albeit its western gable would face towards and be within 2.5m of the boundary shared with Nr 67. The nearest point of the proposed dwelling (southwest corner) would be approximately 20m to the rear elevation of Nr 67. Visiting Nr 67 it is also noted the floor level of this property is also set above that of the application site and

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there are a number of mature hedgerows/bushes (appx 2.5m+ in height) and trees which also run along the boundary of Nr 67 which face towards the site. 6.14 The only aspect which does raise concerns is the two first floor bedroom windows within the western gable elevation, as these would have direct views into the rear gardens of Nr 67 & Nr 65. It is considered these windows would need to be obscure glazed (condition should be attached to any approval) to prevent substantial overlooking occurring into the neighbouring properties. 6.15 In terms of the remaining issues; given the ground level differences; level of existing mature vegetation along the boundary; and given the proposed dwelling distance/orientation from Nr 67, it is not considered the proposal would result in a significant adverse impact upon the amenities of the occupants of Nr 67 to warrant a refusal. 6.16 Other properties in the area will also be potential affected by the development (any development would), but again it is not considered the impacts would be so significant to warrant a refusal. 6.17 Overall it is considered from this perspective the proposals would comply with General Policy 2 of the IOM Strategic Plan. POTENTIAL IMPACTS UPON HIGHWAY SAFETY 6.18 The main issues are whether the proposed new access is suitable to enable vehicles to exit and enter the site in a safe manner. 6.19 In relation to these matters the Department has sought advice from DOI Highway Services. They have confirmed that Highway Services does not oppose this application subject to a condition which seeks to retain the visibility splays as shown on the submitted plan. Highway Services do not raise any other objections. 6.20 In terms of parking provision, the dwelling is required to have at least two off road parking spaces each. This is easier achieved; the dwelling has at least two spaces and turning provision within the site. 6.21 Overall it is considered from a highway perspective the proposals would comply with General Policy 2 and Transport Policy 4 & 7 of the IOM Strategic Plan. 7.0 CONCLUSION 7.1 Overall, it is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2016); The Douglas Local Plan; and Planning Circular 8/89 - Low Density Housing in Parkland and for the reasons set out in this report, it is recommended that the application be approved. 8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons 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 or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

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8.2 The Planning Committee must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. 8.3 The Department of Environment Food and Agriculture - is responsible for the determination of planning applications. As a result, where officers (Arboricultural Officer - Forestry, Amenity and Lands Directorate & Eco Systems Officer) within the Department make comments in a professional capacity they cannot be given Interested Person Status.

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PLANNING AUTHORITY AGENDA FOR 9th September 2019

Item 5.3 Proposal : Widening of vehicle access and additional use of dwelling for

use of business Site Address : 17 North View

Peel Isle Of Man IM5 1DQ

Applicant : Miss Olivia Berry Application No. : Planning Officer :

19/00800/B- click to view Mr Paul Visigah

RECOMMENDATION: To APPROVE the application

______________________________________ Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C 2. The business use hereby approved is only for the provision of microblading treatments and shall only be carried out by Miss Olivia Berry and only whilst she is resident at 17 Northview, Peel, and no other staff may be employed and/or work at the premises. Upon the cessation of occupation by Miss Olivia Berry the use for provision of microblading treatments hereby permitted shall cease. Reason: This permission is granted exceptionally and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby permitted. C 3. The business use hereby approved shall not commence until the front section of wall has been removed as shown on plan entitled, "Proposed Plan" date stamped as having been received on 17.07.19 and retained as such for the duration of the business use. The parking areas shown on the Proposed Plan shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety. N 1. The owner/occupant of the site is reminded that any widening of the access may until such a time that a S109a agreement has been agreed with the Department of Infrastruture under separate highways legislation.

______________________________________________________________

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Interested Person Status – Additional Persons None

_____________________________________________________________

Planning Officer’s Report THIS PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL THE SITE 1.1 The site is the curtilage of an existing property at 17 North View, Peel, which sits on the corner of North View and Links Close which ends in a cul-de-sac. The property has two storeys of accommodation; the ground floor serves as the living space for the dwelling while the first floor is being used as a storage space for the dwelling. There are two parking spaces within the curtilage of the dwelling. Attached to the rear of the property is a conservatory and garden room. THE PROPOSAL 2.1 The application seeks approval for the widening of vehicular access and additional use of dwelling for use of business. 2.2 No external alterations are proposed in what will consist of a change of use of part of the dwelling, namely a Microblading treatment business. In this respect, the ground floor garden room would be utilized as a treatment room and waiting room with access from the rear of the property. The remainder of the house, including the two main bedrooms and conservatory would remain in residential use. 2.3 The applicant indicates that she will be the sole operator of this business envisaging 2 - 3 clients per day with the treatment hours not exceeding three hours. The services will be provided on Mondays to Fridays (10.00 - 15.30) and Saturdays (12.00 - 15.30) with varying work periods and no work being undertaken on Sundays. There will only be one client at any one time with a minimum of 45 minutes between clients. This will ensure that there will always be space for one client's vehicle and never anyone waiting. The applicant has also stated that there are three public car parks within 2 - 7minutes walk to the application site which her clients will have access to. 2.4 Other than the removed of part of the front boundary wall, there are no proposed changes to the existing parking arrangements as the overhanging bushes and a rotten wooden flower patch on the boundary with No. 35 North View has been removed to free up the additional parking space on site. The changes have also created sufficient space for pedestrians to walk to the entrance of the property even when two cars are parked on the site. PLANNING POLICY 3.1 The site lies within an area designated on the Peel Local Plan of 1989 as 'Predominantly Residential'. The site is not located within a conservation area. Therefore, the following policies of the Isle of Man Strategic Plan 2016 are considered relevant in the assessment of the proposed use for business purposes. 3.2 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.

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3.3 Paragraphs 9.3.3 and 9.3.4 of the Strategic Plan 2016 provide key considerations that will be considered in the assessment of the application. Paragraph 9.3.3 states that: The Department has supported the location of offices in town and village centres for several reasons: (a) such centres are accessible to all members of the community, staff and visitors alike; (b) the activity and range of services contribute to the vitality and success of the centres; and (c) the investment in property can be used to renew the ageing fabric of our town centre buildings. 9.3.4 There are exceptions to this general approach: (c) working from home; where this does not result either in staff being employed or in day to day callers, there need be no detriment to the residential area, and there should be less travelling involved; this is also one way of encouraging the formation of new local businesses. 3.4 General Policy 2 deals with development which is in accordance with the land use zoning. Whilst the proposal does not strictly comply with this, the points set out under General Policy 2 are general principles that a development should consider. 3.4.1 General Policy 2 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: (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; (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, and (i) does not have an unacceptable effect on road safety or traffic flows on the local highways. 3.5 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. 3.6 Appendix A.7.6 of the Isle of Man Strategic plan 2016 stipulates that, for a typical residential development, two (2) spaces should be provided per unit, at least one of which is retained within the curtilage and behind the front of the dwelling. 3.7 Section 11.4 of Manual for Manx Roads: Allocated and Unallocated Parking 11.4.1 The allocation of spaces to individual dwellings can have an adverse impact upon the efficiency of car parking provision. Allocated parking spaces include any spaces within the curtilage of a property (e.g. garage or driveway parking) and any spaces in communal areas where the space is reserved for one particular property. 11.4.2 On-street spaces upon public highways are always unallocated. However they can be reserved for a particular purpose such as disabled persons or residents' parking through the making of relevant Traffic Regulation Orders. The costs associated with making such Orders will need to be funded by the developer. PLANNING HISTORY 4.1 The application site has been the subject of six previous planning applications. However, only one prior application is considered to be specifically material in the assessment of the current application.

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4.2 Construction of conservatory, 17 North View, Peel - 89/01572/B - APPROVED This conservatory now serves as the garden room which will be used as the treatment room and waiting area for the prosed additional use of the dwelling for operation of the microblading business. REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. 5.1 Department of Infrastructure (DOI) Highways Division although consulted on 26 July 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. 5.2 Manx Utilities Authority although consulted on 26 July 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. 5.3 Peel Town Commissioners although consulted on 26 July 2019, have not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. ASSESSMENT 6.1 The key considerations in the determination of the application are: (i) principle of development, (ii) impact on residential amenity of the dwelling (iii) impact on highway safety and capacity of the road, (iv) impact on residential amenity of neighbouring properties, including the result of vehicular movements and parking. 6.2 When considering the application, it is important to acknowledge that across the Island permissions has been approved and refused for the operation of businesses (i.e. beauty treatments, hairdressers & tutoring) from a residential property. In fact the Department's Permitted Development Order (2012) permits a number of business operations to be run from a dwelling, these including child minding (up to 6 children), Bed and Breakfast (up to 3 bedrooms) and an occupant of a dwelling can operate any business from home (no visitors/staff allowed) via a home office within the property. Accordingly, whilst the proposed use does not comply with the land use designation; this is not an automatic reason to refuse the application in this case. 6.3 In terms of the use of the ground floor as a business place and as living accommodation, there are no concerns. Concern may arise if there was a singular entrance to the property. However, there exists a rear entrance which connects to the side entrance at the front elevation of the dwelling that will allow visitors to the business to gain access to the business area without impacting on the residential use for the dwelling. 6.4 The parking standards in 'The Isle of Man Strategic Plan 2016' require 2 car parking spaces for a dwelling. Additional site parking is also required for the proposed business development. Based on the information provided and observations during the site visit, the site has two parking spaces. The on-street parking within the street will be available for use by the business during the working periods which ends at about 3.30pm, although these spaces are unallocated and as such are supply dependent. It is also noted that there are public parking spaces within 2 - 7 minutes' walk from the application site which the applicant has indicated that she would encourage her clients to take advantage of when necessary. 6.4.2 From the site observations, the time of operation would ensure that there are parking spaces available to clients who visit the business on the on-street parking provision along the street without impacting on the supply to the neighbouring dwellings who rely on these

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parking spaces when they return from work since the common parking arrangement for dwellings along North View is the available on-street parking. Besides, the applicant has insisted that there will always be an additional parking available on site as only one of the parking spaces will be utilised by the household during the operations of the business. Based on the foregoing, it can be concluded that the operations of the business will have limited impacts on parking provisions on the street if one of the parking spaces on the application site is available to the business during its operational periods. 6.5 Generally speaking, the concern in respect of neighbouring living conditions with businesses such as this operating from home is the impact of the disturbance that would result from that use. This disturbance can relate to both traffic movements and also the noise or odours arising from the use itself. The second matter is unlikely to be a concern given the nature of the business. As well, the impact on parking conditions would not be a concern if the proposed parking plan is maintained and as such this would be maintained via the recommendation of an applicable condition. This will ensure that the parking does not impact on neighbouring amenity. CONCLUSION 7.1 It is considered that the proposal would have a neutral impact on the appearance and character of the dwelling, with negligible impacts on parking provisions and as such it is supported. INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons 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 or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated. 8.2 The Planning Committee must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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PLANNING AUTHORITY AGENDA FOR 9th September 2019

Item 5.4 Proposal : Alterations, installation of roof lights and conversion of

existing court house into a multi-functional community centre (in association with 19/00812/CON)

Site Address : Court House Parliament Street Ramsey Isle Of Man IM8 1AR

Applicant : Ramsey Town Commissioners Application No. : Principal Planner :

19/00811/GB- click to view Mr Chris Balmer

RECOMMENDATION: To APPROVE the application

______________________________________ Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

______________________________________________________________

Interested Person Status – Additional Persons It is recommended that the following persons 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): The owner occupier of 41 Cronk Elfin, Ramsey - 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; 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; and as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and 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.

_____________________________________________________________

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Planning Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT 1.0 THE APPLICATION SITE 1.1 The site represents the curtilage of the former Court House, Parliament Street, Ramsey. The rendered building is mostly single storey, set within landscaped grounds bounded by Parliament Street to the north, Bourne Place to the east, Water Street to the south and Court Row to the west. 1.2 In recent times the building has been used as a Post Office and Police Station. 1.3 The building is one of the few remaining works of the internationally reputed architect Georg Stuart, who also designed the Castle Mona fdor the Duke of Atholl. The building is again one of the finest Civic buildings in the Island and is now over 220 years old. Again, much of the merits lies in the completeness of the work and the fact it is still very much in tact, especially externally. 2.0 THE PROPOSAL 2.1 This application seeks approval for alterations, installation of roof lights and conversion of existing court house into a multi-functional community centre (in association with 19/00812/CON). 2.2 Externally there a little in the way of changes. The exception being the installation of three "Studio Conservation Rooflights" (2019mm x 1180mm) to the rear elevation (south). 2.3 Internally is where the main alterations are proposed and the main alterations are as summarised below. Main Hall section 2.3.1 Proposals include: o removal of part of the current ceiling above the ground floor level of the Main Hall and also open up the suspended ceiling of the first floor to open up the hall to the full height of the roof; o the remainder of the first floor above the main hall will be a mezzanine level; and o removal of a section of the original Main Hall wall (install a sliding partition in its place) to enlarge the main hall and provide a better connection to the rear courtyard. 2.3.2 The works will enable the Main Hall to be used for various community based activities such as; Food & Farmer Markets, Craft retail; Food & Drink festivals, bring & buy events Pop up shops; Live performances; Film & Studio theatre showings Function room; pop up Children's play area. The mezzanine level can be used as additional seating area, art displays, extra stall space inverted performances. West Wing section 2.3.3 Proposals are to partially open up the space to produce a second mezzanine level by removing part of the existing ground floor ceiling. 2.3.4 This space (ground and first floor) would be used as a small café/coffee shop, gift ship, tourist information, a second smaller screen for smaller events, art gallery and a combination of the above. This space has direct access from the existing large double doors out onto the Courthouse gardens.

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Rear Courtyard 2.3.5 The rear courtyard, which is enclosed by a wall to the rear of the main building, is proposed to be used as an overflow space associated with the function listed previously or in its own right including, secure road access for deliveries, outdoor stalls, additional seating for café, an outdoor canopied café/bar, outdoor performances, food stalls, living wall/herb garden or a 'buy a brick/paving slab' supporters recognition. No alterations are proposed at this stage but an area is indicated as a possible location for future extension; however, this would be dealt with a later Registered Buildings application/planning application. 2.3.6 Within the building there are also a number of single rooms of differing sizes. It is proposed these would be rented out for office & studio spaces. 2.3.7 Within the ground floor adjacent to the main entrance it is also proposed to install toilets (male, female and disabled). 3.0 PLANNING HISTORY 3.1 The application site has previously been the subject of a number of Planning and Registered Building consent applications, but are not considered particularly pertinent in the consideration of this application. 3.2 Registered Building consent for internal alterations to form new Post Office (In association with 11/00260/C) Registered Building Nos. 079 - 11/00261/CON - APPROVED 3.3 Change of use of Police Station to Post Office with internal alterations to registered building (In association with 11/00261/CON) - 11/00260/C- APPROVED 3.4 Internal alterations to police station - 02/00165/GB - APPROVED 3.5 Internal alterations to convert Ramsey Courthouse/Police Station for sole Police Station use - 01/01020/GB - APPROVED 3.6 New vehicular access into Water Street and associated roads - 88/01094/B - APPROVED 4.0 PLANNING POLICY 4.1 In terms of the current land use designation the site is identified as being an area of 'Town Centre - Mixed use" under the Ramsey Local Plan Order 1998. The site is within a Conservation Area and the building is a Registered Building Nr 79. 4.2 Due to the land use designation of the site and the type of development proposed the following policies are relevant for consideration:- 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;

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(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 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." 4.5 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." 4.6 Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man states the following: 4.7 POLICY RB/3 - General criteria applied in considering registered building applications states: "The issues that are generally relevant to the consideration of all registered building applications are:- o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context; o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register; o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings)." 4.8 POLICY RB/5 - ALTERATIONS AND EXTENSIONS states: "In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the 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. Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

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Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence." 5.0 REPRESENTATIONS 5.1 Highway Services comment there are no highway implications (02.08.2019). 5.2 Ramsey Commissioners raise no objection (27.08.2019). 5.3 No written comments in relation to this application were provided by the former Registered Buildings Officer, however meetings were held, also attended by the Case Officer, where he provided verbal advice. This is reflected in this report. 6.0 ASSESSMENT 6.1 There are considered to be a two issues when determining this application; first is the principle of the uses of the building for the purposes proposed; and second, whether the proposal would or wouldn't affect detrimentally its character as a building of special architectural or historic interest and also the character and appearance of the Conservation Area. Principle of the uses 6.2 As outlined within the policy section of this report the site is within a 'Town Centre - Mixed use" under the Ramsey Local Plan. The site is also within the town centre of Ramsey which is generally regarded as the centre of the Town and along Parliament Street which is the main retail area of Ramsey. 6.3 Due to the above, and given the proposals uses are essentially to provide a multi-purpose and flexible community centre; it is considered the proposed building is ideally located for such uses and would meet the aims of the applicants which in summary are to: Support the Community, Support Ramsey & the North, Support Manx Commerce & Culture and Support Inclusivity and Opportunity. 6.4 It is noted within the Register Building file, that the Ramsey Court House was built around 1799/1800 and appears to have been allowed to been used also as a public hall for lectures, balls, assemblies and theatrical performance mainly in the 1820s, but also potentially in 1809 and up to around 1846 (until Duke of Atholl's rights in the Island had been taken over by the British Government). A news article in the "Manx Sun", reported (in 1846) it was "the best concert-room in the town" and further claims that the public had a right to use the building for recreational purposes. As it had been erected. The writer or the article also indicates that, "by private subscription from the inhabitants….Such contributions were made on express condition that the building should be available for public balls, concert and other fitting occasions when law business did not intervene…. Recently the doors of the edifice have been peremptorily closed against the public except when a charity concert is announced, or when the Governor issues an order to open them on some special occasion, and then it is done by favour and not of right." 6.5 Overall, it is considered the proposal would comply with the land use designation of the Ramsey Local Plan.

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Potential impact upon the Registered Building/Conservation Area 6.6 Helpfully the applicant had discussions with the Registered Building Officer before he left the Department and the Principal Planner, which included a walk around the building and within. The proposals have been designed in line with the discussions that where had. 6.7 During this visit, it had become very clear that the former courthouse internal interest had been lost through previous uses/alterations. Perhaps the only feature of interest was the remaining two prisons cells, including cells doors. These aspects are now being proposed to be retained and used as an office and music room. It is noted that the original floor plan did not the cells shown as the rear single storey lean-to extension did not exist and appears to be a later additional. However, other than these, there were no other aspects of interest internally of the building. This conclusion was accepted by the former Register Building Officer. 6.8 This view is also supported by the previous Conservation Officer who considered the application to convert the then police station into a post office (11/00260/C & 11/00261/CON). Within the Conservation Officers report for that proposal he stated: "The removal of the High Bailiff's bench and the defendant's dock, the last remaining vestiges of the former use of the building, is perhaps the most contentious aspect of this application. The High Bailiff's bench is located in roughly the correct historic location. With the internal alterations carried out as part of application numbers 02/0165/GB and 01/01020/GB which included the introduction of a mezzanine floor within the Court Room itself and as a result of finding dry rot, the removal of all historic timber panelling within this space, the historic significance of this space has already been severely compromised. Research on the Registered Building file indicates that the benches are of limited quality being built in pine and decorated to appear to be Oak. The benches are accurately recorded at 1:25 as part of the application information. This record, in conjunction with their careful dismantling and storage is considered to be acceptable." 6.9 It is clear form this statement that at that time the High Bailiff's bench and the defendant's dock were the "last remaining vestiges of the former use of the building". These applications were approved and these features where removed. The application at the time also included alterations throughout the building, but no comments identifying any key aspects where mentioned. 6.10 The majority of the works internally, including the creation of mezzanine floors, by removing parts of the current (not original) ceilings are perhaps the major change, albeit as seen in the former Conservation Officer report, these were approved under applications (02/0165/GB and 01/01020/GB). The proposal would open up the ceilings more too how the former building would likely have been. It is noted in the report to the then Planning Committee in 2002 for Registered Building Application 02/0165/GB (conversion into police station) would support this view, in that the then Conservation Officers commented that; "The most difficult and contentious issue is the insertion of an intermediate floor in the court room (now referred as the Main Hall). At present there is a suspended, tiled ceiling, probably installed in the 1960s. Above this, there is a ceiling void of considerable height where, so far as we know, the original simple Georgian cornicing still remains." 6.10.1 In Conclusion the Officer states; "…The principle of inserting an intermediate floor, although not ideal, is not without many precedents in Listed Buildings elsewhere, especially if such a measure secures the viability of the building and is reversible. By reversible, we mean that it at some future time, it was judged appropriate, the intermediate floor could be dismantled without causing fundamental

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damage to the structural fabric of the building: i.e. the original 3D form of the court Room could be reinstated." 6.11 Accordingly, it could be argued that this application is going someway to reverse the works which were done in 2002. 6.12 Arguable the other major change is the opening up of the Main Hall more, by the removal of a section of the original wall to create better access to the rear courtyard area. As mention above the main interest of the Main Hall was the court features including High Bailiff's bench and the defendant's dock and the historic timber panelling and the general layout and the historic significance of this space. As mention this has already all been lost. Accordingly, it is not considered the removal of a section of walling and installation of folding partial doors are unacceptable. Again this was accepted in principle by the former Registered Buildings Officer. 6.13 Overall, all the alterations/changes proposed internally raise no concerns. 6.14 Externally the only changes are the installation of three "Studio Conservation Rooflights" (2019mm x 1180mm) to the rear elevation (south). From both a Registered Building perspective and a Conservation Area point of view; it is considered the roof lights would be acceptable and are of a style and size which you would expect to find in such larger style of this age (churches/church halls/civic building etc). Further, being to the rear and views of the rooflights would not be prominent features it is considered the proposal would preserve the Conservation Area. Accordingly, it is considered the rooflights would comply with Environment Policies 32 & 35 and Planning Policy Statement 1/01. 7.0 CONCLUSION 7.1 For the above reasons the application is considered to be acceptable and is recommended for approval, complying with EP 32 & 35 of the IOMSP and Planning Policy Statement 1/01 and the Ramsey Local Plan. 8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons 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 or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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PLANNING AUTHORITY AGENDA FOR 9th September 2019

Item 5.5 Proposal : Registered Building consent for alterations, installation of roof

lights and conversion of existing court house into a multi-functional community centre (in association with 19/00811/GB) Registered Building Nos. 79

Site Address : Court House Parliament Street Ramsey Isle Of Man IM8 1AR

Applicant : Ramsey Town Commissioners Application No. : Principal Planner :

19/00812/CON- click to view Mr Chris Balmer

RECOMMENDATION: To APPROVE the application

______________________________________ Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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. During the process of building works hereby approved, the applicant or it agent must notify the Department should hidden features are revealed which might be judged to be of interest and which might require noting and recording or re-used. Reason: In the interest of the character and quality of the Registered Building.

______________________________________________________________

Interested Person Status – Additional Persons None

_____________________________________________________________

Planning Officer’s Report THIS APPLICATION IS BROUGHT BEFORE THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT 1.0 THE APPLICATION SITE 1.1 The site represents the curtilage of the former Court House, Parliament Street, Ramsey. The rendered building is mostly single storey, set within landscaped grounds bounded by Parliament Street to the north, Bourne Place to the east, Water Street to the south and Court Row to the west.

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1.2 In recent times the building has been used as a Post Office and Police Station. 1.3 The building is one of the few remaining works of the internationally reputed architect Georg Stuart, who also designed the Castle Mona fdor the Duke of Atholl. The building is again one of the finest Civic buildings in the Island and is now over 220 years old. Again, much of the merits lies in the completeness of the work and the fact it is still very much in tact, especially externally. 2.0 THE PROPOSAL 2.1 This application seeks approval for alterations, installation of roof lights and conversion of existing court house into a multi-functional community centre (in association with 19/00812/CON). 2.2 Externally there a little in the way of changes. The exception being the installation of three "Studio Conservation Rooflights" (2019mm x 1180mm) to the rear elevation (south). 2.3 Internally is where the main alterations are proposed and the main alterations are as summarised below. Main Hall section 2.3.1 Proposals include: o removal of part of the current ceiling above the ground floor level of the Main Hall and also open up the suspended ceiling of the first floor to open up the hall to the full height of the roof; o the remainder of the first floor above the main hall will be a mezzanine level; and o removal of a section of the original Main Hall wall (install a sliding partition in its place) to enlarge the main hall and provide a better connection to the rear courtyard. 2.3.2 The works will enable the Main Hall to be used for various community based activities such as; Food & Farmer Markets, Craft retail; Food & Drink festivals, bring & buy events Pop up shops; Live performances; Film & Studio theatre showings Function room; pop up Children's play area. The mezzanine level can be used as additional seating area, art displays, extra stall space inverted performances. West Wing section 2.3.3 Proposals are to partially open up the space to produce a second mezzanine level by removing part of the existing ground floor ceiling. 2.3.4 This space (ground and first floor) would be used as a small café/coffee shop, gift ship, tourist information, a second smaller screen for smaller events, art gallery and a combination of the above. This space has direct access from the existing large double doors out onto the Courthouse gardens. Rear Courtyard 2.3.5 The rear courtyard, which is enclosed by a wall to the rear of the main building, is proposed to be used as an overflow space associated with the function listed previously or in its own right including, secure road access for deliveries, outdoor stalls, additional seating for café, an outdoor canopied café/bar, outdoor performances, food stalls, living wall/herb garden or a 'buy a brick/paving slab' supporters recognition. No alterations are proposed at this stage but an area is indicated as a possible location for future extension; however, this would be dealt with a later Registered Buildings application/planning application.

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2.3.6 Within the building there are also a number of single rooms of differing sizes. It is proposed these would be rented out for office & studio spaces. 2.3.7 Within the ground floor adjacent to the main entrance it is also proposed to install toilets (male, female and disabled). 3.0 PLANNING HISTORY 3.1 The application site has previously been the subject of a number of Planning and Registered Building consent applications, but are not considered particularly pertinent in the consideration of this application. 3.2 Registered Building consent for internal alterations to form new Post Office (In association with 11/00260/C) Registered Building Nos. 079 - 11/00261/CON - APPROVED 3.3 Change of use of Police Station to Post Office with internal alterations to registered building (In association with 11/00261/CON) - 11/00260/C- APPROVED 3.4 Internal alterations to police station - 02/00165/GB - APPROVED 3.5 Internal alterations to convert Ramsey Courthouse/Police Station for sole Police Station use - 01/01020/GB - APPROVED 3.6 New vehicular access into Water Street and associated roads - 88/01094/B - APPROVED 4.0 PLANNING POLICY 4.1 In terms of the current land use designation the site is identified as being an area of 'Town Centre - Mixed use" under the Ramsey Local Plan Order 1998. The site is within a Conservation Area and the building is a Registered Building Nr 79. 4.2 Due to the land use designation of the site and the type of development proposed the following policies are relevant for consideration:- 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;

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(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 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." 4.5 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." 4.6 Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man states the following: 4.7 POLICY RB/3 - General criteria applied in considering registered building applications states: "The issues that are generally relevant to the consideration of all registered building applications are:- o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context; o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register; o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings)." 4.8 POLICY RB/5 - ALTERATIONS AND EXTENSIONS states: "In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the 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. Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals. Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

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5.0 REPRESENTATIONS 5.1 Highway Services comment there are no highway implications (02.08.2019). 5.2 Ramsey Commissioners raise no objection (27.08.2019). 5.3 No written comments in relation to this application were provided by the former Registered Buildings Officer, however meetings were held, also attended by the Case Officer, where he provided verbal advice. This is reflected in this report. 6.0 ASSESSMENT 6.1 There are considered to be a two issues when determining this application; first is the principle of the uses of the building for the purposes proposed; and second, whether the proposal would or wouldn't affect detrimentally its character as a building of special architectural or historic interest and also the character and appearance of the Conservation Area. Principle of the uses 6.2 As outlined within the policy section of this report the site is within a 'Town Centre - Mixed use" under the Ramsey Local Plan. The site is also within the town centre of Ramsey which is generally regarded as the centre of the Town and along Parliament Street which is the main retail area of Ramsey. 6.3 Due to these reasons and given the proposals uses are essentially to provide a multi-purpose and flexible community centre; it is considered the proposed building is ideally located for such uses and would meet the aims of the applicants which in summary are to: Support the Community, Support Ramsey & the North, Support Manx Commerce & Culture and Support Inclusivity and Opportunity. 6.4 It is noted within the Register Building file, that the Ramsey Court House was built around 1799/1800 and appears to have been allowed to been used also as a public hall for lectures, balls, assemblies and theatrical performance mainly in the 1820s, but also potentially in 1809 and up to around 1846 (until Duke of Atholl's rights in the Island had been taken over by the British Government). A news article in the "Manx Sun", reported (in 1846) it was "the best concert-room in the town" and further claims that the public had a right to use the building for recreational purposes. As it had been erected. The writer or the article also indicates that: "by private subscription from the inhabitants….Such contributions were made on express condition that the building should be available for public balls, concert and other fitting occasions when law business did not intervene…. Recently the doors of the edifice have been peremptorily closed against the public except when a charity concert is announced, or when the Governor issues an order to open them on some special occasion, and then it is done by favour and not of right." 6.5 Overall, it is considered the proposal would comply with the land use designation of the Ramsey Local Plan. Potential impact upon the Registered Building/Conservation Area 6.6 Helpfully the applicant had discussions with the Registered Building Officer before he left the Department and the Principal Planner, which included a walk around the building and within. The proposals have been designed in line with the discussions that where had. 6.7 During this visit, it had become very clear that the former courthouse internal interest had been lost through previous uses/alterations. Perhaps the only feature of interest was the remaining two prisons cells, including cells doors. These aspects are now being proposed to be retained and used as an office and music room. It is noted that the original floor plan did

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not the cells shown as the rear single storey lean-to extension did not exist and appears to be a later additional. However, other than these, there were no other aspects of interest internally of the building. This conclusion was accepted by the former Register Building Officer. 6.8 This view is also supported by the previous Conservation Officer who considered the application to convert the then police station into a post office (11/00260/C & 11/00261/CON). Within the Conservation Officers report he stated: "The removal of the High Bailiff's bench and the defendant's dock, the last remaining vestiges of the former use of the building, is perhaps the most contentious aspect of this application. The High Bailiff's bench is located in roughly the correct historic location. With the internal alterations carried out as part of application numbers 02/0165/GB and 01/01020/GB which included the introduction of a mezzanine floor within the Court Room itself and as a result of finding dry rot, the removal of all historic timber panelling within this space, the historic significance of this space has already been severely compromised. Research on the Registered Building file indicates that the benches are of limited quality being built in pine and decorated to appear to be Oak. The benches are accurately recorded at 1:25 as part of the application information. This record, in conjunction with their careful dismantling and storage is considered to be acceptable." 6.9 It is clear form this statement that at that time the High Bailiff's bench and the defendant's dock were the "last remaining vestiges of the former use of the building". These applications were approved and these features where removed. The application at the time also included alterations throughout the building, but no comments identifying any key aspects where mentioned. 6.10 The majority of the works internally, including the creation of mezzanine floors, by removing parts of the current (not original) ceilings are perhaps the major change, albeit as seen in the former Conservation Officer report, these were approved under applications (02/0165/GB and 01/01020/GB). The proposal would open up the ceilings more too how the former building would likely have been. It is noted in the report to the then Planning Committee in 2002 for Registered Building Application 02/0165/GB (conversion into police station) would support this view, in that the then Conservation Officers commented that; "The most difficult and contentious issue is the insertion of an intermediate floor in the court room (now referred as the Main Hall). At present there is a suspended, tiled ceiling, probably installed in the 1960s. Above this, there is a ceiling void of considerable height where, so far as we know, the original simple Georgian cornicing still remains." 6.10.1 In Conclusion the Officers states; "…The principle of inserting an intermediate floor, although not ideal, is not without many precedents in Listed Buildings elsewhere, especially if such a measure secures the viability of the building and is reversible. By reversible, we mean that it at some future time, it was judged appropriate, the intermediate floor could be dismantled without causing fundamental damage to the structural fabric of the building: i.e. the original 3D form of the court Room could be reinstated." 6.11 Accordingly, it could be argued that this application is going someway to reverse the works which were done in 2002. 6.12 Arguable the other major change is the opening up of the Main Hall more, by the removal of a section of the original wall to create better access to the rear courtyard area. As mention above the main interest of the Main Hall was the court features including High

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Bailiff's bench and the defendant's dock and the historic timber panelling and the general layout and the historic significance of this space. As mention this has already all been lost. Accordingly, it is not considered the removal of a section of walling and installation of folding partial doors are unacceptable. Again this was accepted in principle by the former Registered Buildings Officer. 6.13 Overall, all the alterations/changes proposed internally raise no concerns. 6.14 Externally the only changes are the installation of three "Studio Conservation Rooflights" (2019mm x 1180mm) to the rear elevation (south). From both a Registered Building perspective and a Conservation Area point of view; it is considered the roof lights would be acceptable and are of a style and size which you would expect to find in such larger style of this age (churches/church halls/civic building etc). Further, being to the rear and views of the rooflights would not be prominent features it is considered the proposal would preserve the Conservation Area. Accordingly, it is considered the rooflights would comply with Environment Policies 32 & 35 and Planning Policy Statement 1/01. 7.0 CONCLUSION 7.1 For the above reasons the application is considered to be acceptable and is recommended for approval, complying with EP 32 & 35 of the IOMSP and Planning Policy Statement 1/01 and the Ramsey Local Plan. 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.

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PLANNING AUTHORITY AGENDA FOR 9th September 2019

Item 5.6 Proposal : Alterations, erection of extension to South elevation,

installation of roof lights, replacement of railings to boiler room, provision of external screening and internal alterations to provide toilet, kitchen, multi function space and cafe facilities (In association with 18/00530/CON)

Site Address : Cathedral Isle Of Man (formerly St Germans Cathedral) Derby Road Peel Isle Of Man IM5 1HH

Applicant : The Vicar & Wardens Of St Germans Cathedral Application No. : Principal Planner :

18/00529/GB- click to view Miss S E Corlett

RECOMMENDATION: To APPROVE the application

______________________________________ Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C 2. Prior to the undertaking of any excavation for the installation of the air source heat pump, detailed plans of the location of the works and the necessary engineering works with details of any externally apparent construction, must be approved by the Department and the works undertaken in full accordance with these details. Reason: to control the development within a Conservation Area and to and alongside a Registered Building. C 3. Prior to the undertaking of any works to the roof structure, a survey for bats must be undertaken and the report approved by the Department, to ensure that this species which is protected under the Wildlife Act 1990, are not endangered. If any bats are found, appropriate mitigation must be included in the report and undertaken in accordance with the approved details. Reason: to accord with Environment Policy 4 of the Strategic Plan.

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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

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matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4): 9, Peveril Terrace as it is 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 as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and 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.

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Planning Officer’s Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE LOCAL AUTHORITY OBJECTS AND THE APPLICATION IS RECOMMENDED FOR APPROVAL PRELIMINARY COMMENTS There is also a current application for Registered Building consent which cover the external works which are proposed in this application as well as internal works which are listed below but which are not part of the planning application. The applicant has requested that the planning application be considered in advance of the RB application which is still subject to discussions regarding a particular part of that proposal (which does not require planning approval). THE SITE 1.1 The site is the curtilage of St. German's Cathedral, referred to by the applicant as Cathedral Isle of Man, which sits to the east of Atholl Street, accessed via a set of gates securing a pedestrian and vehicular driveway into the site. The whole site, which also includes the Corrin Hall and the associated cathedral car park, extends to Derby Road with a public car park to the east beyond which sit the police station, the vicarage and the telephone exchange which front onto Albany Road. 1.2 The Cathedral is a large, important building within the town, built of sandstone and sitting within grounds which are edged with stone walls with metal railings atop. The cathedral is Registered and sits within the heart of the Conservation Area. Planning approval was granted for the erection of a sizeable extension to accommodate additional office and living accommodation associated with the users of the site (14/00066/GB and 14/00067/CON). These works have been commenced. 1.3 The site has also undergone, with the benefit of planning approval, various changes to the landscaping around the building with the recent introduction of a floral garden, paving, sculptures and terracing so those visiting the site can enjoy the outside as well as the inside of the building. At the time of the site visit (04.05.19) the church was open, people were walking around the grounds and some had gone inside to use the facilities. 1.4 The main, public entrance into the cathedral is via the northern elevation from where one proceeds into a stone walled entrance lobby then into a modern, timber foyer which sits within the main part of the church proper. There is an open area at the rear of the church with information for visitors and also where the font is situated. To the east of this is the main area of pews separated by a tiled walkway beside which sit large, black heating pipes which also skirt around the southern transept. The timber flooring either side, including the area where the pews sit, is raised by around 100mm.

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1.5 The area where the toilets and kitchen are situated is accessed by a timber, carpeted ramp with warning stripes marked out in tape. 1.6 The pews are dark timbered structures with solid ends, an upright back and projecting bench seat, each clad in a long red cushion. THE PROPOSAL 2.1 Proposed are a number of works, both internal and external. The internal works are not required to have planning approval but will require Registered Building consent, which is also being applied for under 18/00530/CON. Overall, the works are intended to make the building more accessible and with improved kitchen and toilet facilities for its users as well as making the facility suitable for holding choir and music recitals. 2.2 External changes 2.2.1 Originally, a garden room was proposed to use the aperture which was to be the new access from the cathedral into the approved cloister building (14/00066/GB and 14/00067/CON). Following concerns from the Department, echoed by the Peel Town Commissioners, this element is no longer proposed. Instead, it is simply proposed to introduce of an entrance door beneath an existing window in the southern elevation. This involves the insertion of a 2.6m wide entrance, the same width as the large, arched window above, within which will be four double glazed units, two of which will open. All of the units are to have a metal decorated screen which will cover them when the cathedral is closed. This wall of the cathedral is currently being monitored following the discovery of cracks in the stonework. The formation of the entrance will be part of this structural work. 2.2.2 Proposed is also the introduction of a fenced bin store alongside the south vestry. This will comprise a 1.8m high timber slat fenced screen within a galvanised metal frame and a secure gate, all to abut the main building and from which there is direct access from the kitchen and out of which there is pedestrian access to the outside of the building. 2.2.3 Also proposed is an air source heat pump to be installed to the east of the building, covered by an area of timber decking and the replacement of the existing metal railings alongside the steps leading down to the basement/boiler room. These are described as non compliant with current regulations. These will be replaced with simple metal railings with horizontal elements across the top and bottom. The air source heat pump will be installed in the existing bank adjacent to the path beside the building's eastern side, 7.5m from the nearest tree and with the installation of a concrete base on which the pump will be situated with decking on top. The slab will be cast at path level so should not involve significant excavations. They would have no objection to a condition which requires details of this to be approved prior to the commencement of works on this element. 2.3 Rooflights are to be installed in the northern elevation, all conservation type. 2.4 The applicant would have no objection to the reiteration of the condition requiring a bat survey prior to the undertaking of any work within the eaves of the building. 2.5 The applicant has provided a statement of significance and statement of needs which describes each feature of the church, whether these would be changed or not, and additional details about the need for the changes. PLANNING POLICY 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

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(3) 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. S18 Designation of conservation areas (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 3.2 THE ISLE OF MAN STRATEGIC PLAN 2016 Environment Policy 32: 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. Environment Policy 33: The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest. 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. 3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:- o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context; o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register; o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).

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POLICY RB/5 ALTERATIONS AND EXTENSIONS In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the 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. Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals. Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence. POLICY RB/7 RECORDING OF BUILDINGS In the event of the granting of registered building consent to alter, extend or demolish a registered building, written notice of a proposal to carry out the approved works must be given to the Department of Local Government and the Environment and Manx National Heritage and for a period of at least one month following the service of such notice, reasonable access to the building must be made available for the purposes of recording the same, prior to the commencement of the approved works. Hidden features of interest are sometimes revealed during works of alteration, especially in older or larger buildings: chimney pieces, fireplaces, early windows and doors, panelling, early earth-based construction or other features may come to light. If there is any likelihood that hidden features may be revealed, conditions may be attached to an approval to ensure their retention or proper recording and may require exploratory opening up work to be carried out prior to considering the full content of an application for registered building consent. An applicant may also be required to pay wholly or in part for the cost of recording the building. POLICY RB/8 ACCESS FOR PERSONS WITH DISABILITIES It is important in principle that persons with disabilities should have as dignified and easy an access to historic buildings as is reasonably possible. If this consideration is treated as part of an integrated review of access requirements for all visitors or users, it should be possible to plan suitable access for such persons, without compromising a building's special qualities. Alternative routes or re-organising the use of spaces may achieve the desired result, without the need for damaging alterations. Innovative solutions, such as de-mountable structures, may be possible, thus giving ready access to the building for all users, without disfiguring destruction of historic fabric. POLICY RB/10 ECCLESIASTICAL BUILDINGS The same provisions apply for registered buildings which fall within this category, as apply elsewhere. Contrary to the situation which prevails elsewhere, no exemption exists with respect to ecclesiastical buildings in the Isle of Man. In considering applications for registered building consent for alteration or extension to buildings in this category, it is acknowledged that factors such as the size and requirements of modern congregations may differ considerably from when the church was originally constructed. Applicants considering carrying out alterations, extensions or improvements to ecclesiastical buildings which are registered,

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should consider the extent to which their proposals will affect the particular historic merit or architectural character of the building in question. An application is less likely to succeed if either of these qualities is markedly affected. It must also be remembered that in addition to the requirement for registered building consent, it will usually be necessary to obtain the formal consent of the appropriate church authority: early dialogue can often assist in deciding upon the most appropriate way to progress such works. POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected. 3.4 There are also general policies which are applied irrespective of Conservation Area or Registered Building status which protect the environment as follows: General Policy 2: 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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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; Environment Policy 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value. Environment Policy 4: Development will not be permitted which would adversely affect: (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries

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and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward. PLANNING HISTORY 4.1 The site has been the subject of many recent applications for alterations to the grounds and the building itself. The most relevant are referred to above. REPRESENTATIONS 5.1 Highway Services indicate that there is no highway interest in the application (21.06.18). 5.2 Peel Town Commissioners raise objection to the proposed garden room as an inappropriate feature on the site (24.06.18). Following the submission of the amended plans, the Commissioners reiterate their objection to the door, suggesting that this is premature, out of keeping and detrimental to the character of this historic, sandstone building (21.06.19) 5.3 The Arboricultural Officer of the Department raises concerns about tree protection in respect of the air source heat pump and the works required to implement the proposed garden room indicating that if these concerns are not addressed, the application is opposed (12.06.18). Following the submission of additional information, the Officer indicated that damage has probably already been done to any adjacent trees through the changes of level of the garden areas and as such any small excavation needed for the heat pump is not significant (14.05.19). 5.4 Ecosystems Policy Officer of the Department expresses concern about the roof mounted lighting which may have an effect on bats which frequent the trees surrounding the site (22.06.18). The applicant has clarified that the reference to lighting is to rooflights, not roof mounted lighting (03/07/18). 5.5 The resident of 9, Peveril Terrace has no objection to the works but does object to the site being referred to as Cathedral Isle of Man where it should be The Cathedral Church of St. German (15.06.19). 5.6 The Registered Buildings Officer, when in post commented as follows: "Report detail The proposals are for a major re-ordering involving the loss and replacement of many internal features, and no information relating to the provenance of the pews or flooring to be removed or any attempt to understand the impact of the proposals on the significance of this registered building have been provided for in this application. The Church of England requires that under its own Faculty process that where a building is registered the following information is required. "a "statement of significance" describing the significance of the building in terms of its special architectural and historic interest and; a "statement of needs" justifying the proposals."

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I would expect this information to be submitted as part of the RB consent application as in accordance with policies RB5 and RB10 of circular 1/01. As the works are extensive it would be useful to know what expert conservation advice the Diocese has sought in developing its plans, it is usual that experts including Conservation Accredited Architects that are members of the Diocesan Advisory Committee would be engaged in such proposals. Before commenting on the proposed loss of the flooring, pews and alterations to the font, I need more information as to their provenance. I have concerns regarding the proposed mezzanine that will create a subdivision across a window. No technical information has been provided for the proposed air source heat pumps or immersion font, given this a traditionally constructed stone building, both have the potential to impact upon the building's ability to regulate moisture and will require a level of intervention, more information is required on both these items and the air source heat pump should follow best practice guidance and technical advice in relation their introduction to historic buildings, without this information I cannot be satisfied these technical matters have been considered fully. I also consider that further information is required in relation to the proposed garden room, it is stated this will eventually form part of a previously approved scheme, yet this has not been shown within that context. The proposals also seek to modify the existing entrance, due to issues of a wind tunnel, I would advise that any modifications required are first undertaken to the modern internal lobby than the historic porch, alterations to the historic porch should be the last resort and avoided if modern additions can be altered. I consider the application is lacking sufficient information in accordance with Policy RB/5. I would advise that a meeting with the applicant and any other interested parties such as the Victorian Society and MNH would be beneficial in understanding the proposals further and their impact upon the significance of this registered building. Historic England have produced useful advice in relation to new work in historic places of worship I have attached this for information as best practice examples." ASSESSMENT 6.1 The issues for the planning application is whether the works would have any adverse impact on the character or appearance of the building, given its position within the Conservation Area and the status of the building as a Registered Building. Given the comments raised by other parts of the Department it is also relevant to consider whether the works would have any adverse impact on the existing trees and ecology of the site which are protected under Environment Policies 3 and 4 and General Policy 2. 6.2 The impact of the works on the character and appearance of the area would be limited as the works are largely internal and therefore matters for the RB application rather than this planning application. The external works would add to and change the appearance of the building in terms of the bin store but this is in an area where a significant extension has already been approved and where, comparatively, what is now proposed would have much less of an impact.

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6.3 The impact of the works on the internal layout of the building would have a significant impact. Whilst there is concern expressed about the removal of the pews (comments made in respect of the RB application) this is not work which would be controlled under the planning system. 6.4 The introduction of the air source heat pump would introduce more change to this part of the garden surrounding the church but it is noted that the gardens have recently undergone significant changes and where what is now proposed would not result in any adverse impact. Whilst the work is to be undertaken close to existing trees, the Arboricultural Officer comments that unfortunately, the works already undertaken have probably already damaged the mature trees at the top of the bank by raising the grounds levels and in this context, the small excavation required for the heat pump is not significant. Whilst the ventilation and heating of the building using alternative sources may affect the building, this is more a matter for the RB application. 6.5 The replacement of the railings would be an improvement on the existing and these railings are not considered to be of particular historic interest. CONCLUSION 7.1 It is considered that the works proposed would not have any adverse impact on the character and appearance of the building or the Conservation Area in which it is sited, particularly given the significant works which have approval and which have been implemented. The application is supported. INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons 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 or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. 8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

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PLANNING AUTHORITY AGENDA FOR 9th September 2019

Item 5.7 Proposal : Change of use of industrial unit to a car showroom Site Address : Block H

White Hoe Industrial Estate Old Castletown Road Douglas Isle Of Man

Applicant : Rex Leasing Limited Application No. : Principal Planner :

19/00820/C- click to view Miss S E Corlett

RECOMMENDATION: To APPROVE the application

______________________________________ Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C 2. No approval is hereby given for the display of vehicles for sale or lease outside the application site defined in red on drawing EBH-16-J-2 received on 23rd July, 2019. Reason: To clarify the extent of the approval and to ensure that the estate roads remain clear for access for other users. C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) the site shall only be used for the purposes specified in the application - car showroom and sales, and for no other purpose (including any other purpose in Class 1 on Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification). Reason: The Department has assessed the impact of the proposal on the basis of the specific use proposed and this use only is approved and other uses, either within the same Use Class, or permitted by the Town and Country Planning (PD) Order 2012 would require further consideration.

______________________________________________________________

Interested Person Status – Additional Persons None

_____________________________________________________________

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Planning Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE COMMITTEE AS IT IS A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL THE SITE 1.1 The site is the curtilage of an approved industrial unit situated within the White Hoe industrial estate on the northern side of the A25, Old Castletown Road. The estate is partly complete following its original approved layout in 2007. 1.2 The site accommodates a building which has a footprint of 17m by 13m and 8 parking spaces. 1.3 The overall area also has the benefit of a car park to the south alongside the A25 although this is not included within the defined site. The access in is from the southern side of the frontage and the exit to the south onto the estate road. THE PROPOSAL 2.1 Proposed is the use of the building and the site for car sales. The applicant currently leases Unit 2 which they use for car storage in connection with their car leasing business. They wish to move to the application site and incorporate car sales with cars advertised for sale or lease parked inside and outside the building within the site. 2.2 The applicant refers to other industrial estates where car sales are undertaken - Snugborough (Brent Mealin and Vehicles.im), Tromode Industrial Estate (Phil Shaw Vehicles), Middle River Industrial Estate (Swift Motors) and Hills Meadow Industrial Estate (TD Car Centre). 2.3 He describes the White Hoe Estate as being exceptionally maintained and is clean, accessible and presentable with the owner insistent upon vehicles not being parked on the estate roads in order that the estate does not become congested or difficult to access. The owner is in full support of the proposed use of the site. 2.4 He confirms that car sales are acceptable within industrial areas as set out in the Strategic Plan (paragraph 9.2.6 and Business Policy 5) and explains that there is ample space for both vehicles for sale, lease and for customer parking and the owner has also indicated that a further area in the car park alongside the A25 could be available for lease if necessary although they envisage around 5-7 vehicles for sale in the first year, leaving 6 spaces for customers' vehicles with staff vehicles being parked by agreement with the owner, within the car park alongside the A25. He believes that with the good access and parking and the appearance of the site, it is better suited for car sales than some of the other estates that already have car sales being undertaken within them. PLANNING POLICY 3.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Open Space - Private Woodland. This designation does not reflect the planning approvals granted after the adoption of that plan, granting permission for the use and development of the site for industry. The lawful and approved use of the site is therefore industrial. 3.2 The following parts of the Strategic Plan are relevant: 9.2.6 Since the adoption of the Braddan Local Plan in 1991, pressure has been growing for the inclusion within industrial areas of a variety of retail-related uses, with some applications

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being successful. Those which have been successful have generally fallen into one of the following two categories: a) developments of a retail nature where the items being retailed cannot generally be sold from a high street or town centre location, e.g. motor cars, builders' materials, agricultural equipment and feed; and b) developments which in themselves are not retail but comprise elements of retail use which are inextricably linked to the primary use of the building or site - e.g. tailor-made clothing or video tapes manufactured on the premises. However, there are good reasons not only for directing most retail uses to town centre locations but also for reserving industrial land for its designated purpose. It is important to ensure that sufficient suitable land is available for industrial development. In any case, most industrial estates are unsuitable as environments for shoppers. The following policy is therefore appropriate: Business Policy 5: On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area. 9.2.7 Where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved. Transport Policy 4: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. 3.3 Whilst Appendix 7 of the Strategic Plan sets out parking standards, none is directly applicable to car sales within an industrial area. The 8 spaces comply with the requirement for one space per 50 sq m of floor space but perhaps it is more appropriate for the actual demand for parking spaces to be considered. If staff are to park elsewhere in the vicinity, this means that the site need only provide space for customers and vehicles for sale although customers too could park in the car park in close proximity to the site. PLANNING HISTORY 4.1 07/01212/B proposed the layout of the estate and showed a building and parking on the application site with the land immediately to the west being a landscaped area with some of the drawings showing car parking within it.

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4.2 11/00754/B was for the construction of the building and forecourt and was subject to the following condition: "The units may be used for either light industrial (Class 5 of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005) or storage and distribution (Class 6 of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005) purposes only." REPRESENTATIONS 5.1 Douglas Borough Council have no objection to the application (09.08.19). ASSESSMENT 6.1 The Strategic Plan makes it clear that industrial locations are acceptable for car sales. There is no reason why this plot or this estate more generally should be any different. The selling of cars where customers can see, touch and test drive the vehicles for sale cannot easily be undertaken within the primary shopping areas and even in the town centre industrial areas, the absence of on-street car parking, or car parks nearby can sometimes lead to conflicts between residents and customers trying to find somewhere to park. Some of the central Douglas industrial areas are also close to primary schools and medical facilities, exacerbating the need for available on-street parking. 6.2 In this case there is maintenance of the estate and regulations ensuring parking does not take place on the estate roads. It is not in the estate owner's interest to allow the estate roads to become congested and there is space in the nearby car park to accommodate staff or customers who would not need to park on the estate roads. CONCLUSION 7.1 The proposal is considered to be in accordance with the approved use of the estate and where the use would not result in any adverse environmental impact or negative impact on other estate users. A condition should be imposed which restricts the display of vehicles for sale or lease to within the defined site to ensure that the use is confined to the application site and associated vehicles do not spill out onto the estate road and also that the approval relates to the sale of vehicles only and not general retail sales which would be contrary to Business Policy 5. INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons 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 or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.