CHIEF SECRETARY'S OFFICE

Oik yn Ard-Scrudeyr

Our Ref: DF12/0030 Planning Application Ref.No: 12/01376/CON

THE TOWN AND COUNTRY PLANNING ACT 1999

TOWN AND COUNTRY PLANNING DEVELOPMENT CENTRE (PROCEDURE ORDER) 2005

Planning Secretary Department Of Infrastructure Planning And Building Control Division Murray House Mount Havelock Douglas

| Applicant: | Department Of Infrastructure | | --- | --- | | Proposal: | Registered Building Consent for re-location of clock (RB no196 in association with 12/01327/B), Jubilee Clock Victoria Street Douglas Isle Of Man |

In accordance with paragraph 10 of the above Order, the person appointed by the Council of Ministers to consider this application has submitted his report. In accordance with paragraph 10.3(a) and (b), a copy of the appointed persons report is enclosed. On the 20th December 2012, and after consultation, the Council of Ministers accepted the recommendation contained within that report and the application was approved subject to the conditions specified below.

| Date of Issue: 24th December 2012 | | | --- | --- | | Chief Secretary's Office | | | Government Offices | | | Bucks Road | | | Douglas | |

M. Calo... .

Mr W Greenhow ACMA Chief Secretary

CONDITIONS OF APPROVAL:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to drawing Nos D1/104 date stamped 11 October 2012.
3. Prior to any works commencing on the relocation of the Registered Building, details of the proposed base including all materials and finishes shall be submitted to and approved by the Planning Authority (including the Conservation Officer). The submitted information and details should include samples of all materials as indicated on drawing D1/104. The works shall be carried out in accordance with the approved details.

Report on Planning Application

Written Representation Case: Site Inspection held on 19 November 2012 Application by: The Department of Infrastructure for Registered Building Consent for the re-location of the clock (RB No 196), in association with planning application 12/01327/B, at the Jubilee Clock, Victoria Street, Douglas.

Introduction

1. Because the application site includes parts of a public highway and also relates to a Registered Building (The Jubilee Clock: RB no 196), in which the Department of Infrastructure has a vested interest, it falls to be determined by the Council of Ministers under the provisions of 10(1)(b) of The Town and Country Planning (Development Procedure) Order 2005. The application is linked to application No 12/01327/B which relates to the proposed Phase 1 of the Douglas Promenade Improvements. This is the subject of a separate report (DF12/0028).
2. This report provides a brief description of the Registered Building, the application site, its surroundings and the proposal; land-use designation and relevant policy and a summary of the written statement by the Planning Authority (fuller details are available for reference in the case file). My assessment, conclusion and recommendation then follow.

The Registered Building, the application site and surroundings

3. The Registered Building, the Jubilee Clock, is located on Victoria Street, at its junction with Loch Promenade, outside of the Jubilee Buildings and opposite the Royal Bank of Scotland Building. It dates back to 1887 and was donated by G W Dumbell in commemoration of the Golden Jubilee of Queen Victoria's reign. It was manufactured by Walter MacFarlane in Glasgow. It originally had a horse trough and a drinking fountain. The 8 day clock mechanism used a weight descending in the column and originally the four clock faces were lit by small gas jets. Both mechanisms are now electrified.
4. The application site lies within the Promenade Conservation Area and forms part of the land relating to Phase 1 of the Douglas Promenade Improvement works (Application No 12/01327/B) whereby it is intended to re-configure and resurface the carriageway and the footways around the junction. The proposed improvement works, on this part of the Loch Promenade, form the southern-most section of the 1.5 mile long, Douglas Promenade improvement scheme.

The Proposal

5. It is intended to re-position the clock on a newly laid, natural:stone (granite) footway. It would be moved to the south east of its present position by a distance of around 8 m , closer to the front of the Jubilee Buildings. The proposed materials for the surrounding surface finishes to the re-positioned clock include high quality granite kerbs and channels and natural stone finishes to the footways.

Background information, land-use designation and relevant policy

6. The proposed improvement works to the promenade have followed instructions from the Chief Minister and the Council of Ministers to the Department, to seek public views about ways in which to improve the promenade. An 'Issues and Options' document and process resulted and a broad section of retailers, residents

and the general public took part in the consultations. Key stakeholders such as Douglas Corporation and the Department of Economic Development were also involved in the detailed consultation process. A total of 9 options, ranging from 'do-nothing', through basic improvements to full reconstruction were considered. (See Report relating to application D12/0028). 7. In terms of land-use, the main part of the application site is designated a principal traffic route but part of the land is designated as Predominantly Office, under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998. General Policy 2 (GP2) of the Isle of Man Strategic Plan 2007 (IOMSP) is relevant and this normally permits development which is in accordance with land-use zoning and proposals set out in the appropriate Area Plan subject to certain criteria being met. The relevant criteria seek to protect the character of the surrounding townscape; to ensure appropriate design; to ensure road safety for pedestrians and other road users and to take account of community and public safety. 8. Environment Policy 35 (EP35) is relevant and states that: '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'. The third relevant policy is Environment Policy 32 (EP32) which 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'. 9. In addition Policies RB/3 and RB/5 of Planning Policy Statement 1/01 are also relevant. Policy RB/3 lists considerations relating to all proposals which might affect a Registered Building. These include its importance and its intrinsic architectural and historic rarity; its particular features; its setting and its contribution to the local scene. Policy RB/5 states that 'In considering whether to grant planning approval for development which affects a Registered Building or its setting and 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 interest which it possesses'. Policy RB/5 also states that there is a general presumption against alteration unless a convincing case is made and the proposals are justified.

The Planning Authority statement

10. The points made, in summary, see also those made in relation to the planning application (Report DF12/0028) are as follows:

• The statement sets out the background of the application for Registered Building Consent and relevant planning considerations.
• No assessment is made of the proposal and the intention of the statement is to define the proposal, the site and identify relevant planning policy.
• The statement includes an introduction; a brief description of the Registered Building and the application site; the planning history (no material applications relevant); planning policy (as set out above) and suggested conditions.

Assessment and conclusions

11. The main issue in this case is the effect of the re-positioning of the clock (the Registered Building) on its character, its setting and its features of architectural and historic interest.
12. The Department's justification for moving the clock relates to the necessary and desirable works to improve the Promenade. Whilst it would clearly be possible

to carry out these works without moving the clock, there are road traffic and pedestrian safety reasons for altering this junction. These alterations will provide new carriageways, footways, pedestrian crossing points and more attractive surface finishes. In principle, therefore, the moving of the clock by approximately 8 m to the south east of its current position is, in my view acceptable (see Report and recommendation relating to DF12/0028). 13. In moving it, I do not consider that the 'preservation of the building' is at risk. As long as adequate care is taken with the physical move and as long as it's base and immediate surroundings are detailed in an appropriate manner, I consider that the clock and its architectural and historic features would all be preserved. 14. With regard to the effect on its setting, I consider that the move would be advantageous. At present, when viewed from Victoria Street, the clock is seen as being off-centre of the street and closer to the bank building on the corner. By moving it 8 m to the south east the result will be that it will be seen as being more centrally placed at the end of the street. I consider, therefore, that its setting will be enhanced and so too will the character and appearance of this part of the conservation area. 15. With its character, its setting and its intrinsic architectural and historic features protected and the fact that the re-positioning would enhance the street scene, I consider that Registered Building Consent for the works should be granted. However, to ensure that the works are detailed and carried out appropriately I consider it necessary to add a condition relating to details to be submitted for approval of the Planning Authority and Conservation Officer, prior to works being commenced. In particular I consider that further details relating to finished materials and constructional details around the base need to be submitted. The clock is an elegant Victorian structure in its own right and inappropriate detailing or treatment of its base could detract markedly from its character, its appearance and its setting. The application is lacking in such detail and I consider that the Planning Authority and Conservation Officer need to sure about, and content with, the precise detailing. I do not consider that consent ought to be granted without such a condition.

Recommendation.

16. I recommend that Registered Building Consent be granted for the re-location of the clock (RB No 196), in association with planning application 12/01327/B, at the Jubilee Clock, Victoria Street, Douglas, Isle of Man in accordance with the application dated 10 October 2012 and subject to the following conditions:
17. The development hereby approved shall commence before the expiration of four years from the date of this decision.
18. This approval relates to drawing Nos D1/104 date stamped 11 October 2012.
19. Prior to any works commencing on the re-location of the Registered Building, details of the proposed base including all materials and finishes shall be submitted to and approved in writing by the Planning Authority (including the Conservation Officer). The submitted information and details should include samples of all materials as indicated on drawing D1/104. The works shall be carried out in accordance with the approved details.

Anthony J Wharton BArch RIBA RIAS MRTPI Inspector