Planning Authority Statement

Statement Of The Planning Authority

PA 12/01376/CON – Registered Building Consent for relocation of clock (RB no. 196 in association with 12/01327/B). Jubilee Clock, Victoria Street, Douglas.

Statement prepared on behalf of the Planning and Building Control Division by Anthony Holmes BA(Hons) DipTP(UC) MRTPI

Planning statement on behalf of the Planning Authority in respect of application for Registered Building Consent for relocation of clock (RB no. 196 in association with 12/01327/B). Jubilee Clock, Victoria Street, Douglas.

1. Introduction

1.1 The Department of Local Government and the Environment has submitted the planning application in their capacity as owner of the application site. This planning statement sets out the background of the planning application and relevant planning policy considerations. In order to avoid any perception of bias the statement purposely makes no assessment of the proposed development and offers no recommendation. The intention of the statement is to define the application site, highlight any previous planning applications and identify relevant planning policy.

1. Application Site

2.1 The application site comprises of a small parcel of land located on at the eastern end of Victoria Street in Douglas.

1. The Application

3.1 The application seeks Registered Building Consent for the relocation of the Jubilee Clock, a Registered Building that is located within the application site. The proposal to move the clock by 7.9 metres to the south west of its current location. The proposal is connected to wider pavement and resurfacing works within the surrounding area proposed by planning application 12/01327/B.

3.2 It is understood that the Jubilee Clock has been moved several times in its history. John Millar Nicholson, the famous Manx artist, photographed it in the 1980s showing it in the centre of Victoria Street, closer to the former Villiers Hotel. The move to its current location happened sometime in the 1990s.

1. Planning History

4.1 The application site has not been the subject of any previous planning applications that are considered to be specifically material to the assessment of this current planning application.

1. Planning Policy

5.1 In terms of local plan policy, the application site is located within an area designated as predominantly office under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998.

5.2 The application site is located within a Conservation Area.

5.3 The Jubilee Clock is a Registered Building (RB no. 196).

5.4 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of the planning application:

5.5 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."

5.6 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."

5.7 Environment Policy 30 states: "There will be a general presumption against demolition of a Registered Building. In considering proposals for demolition or proposed works which would result in substantial demolition of a Registered Building, consideration will be given to:

• the condition of the building;
• the cost of repairing and maintaining it in relation to its importance and the value derived from its continued use (based on consistent long-term assumptions);
• the adequacy of efforts made to retain the building in use; and
• the merits of alternative proposals for the site."

5.8 Environment Policy 31 states: "There will be a presumption against the removal of any Registered Building from the Register."

5.9 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."

5.10 It is also considered appropriate to take account of the following policies from Planning Policy Statement 1/01 – Policy and Guidance Notes for the Conservation of the Historic Environment:

5.11 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:

• 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;
• 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;
• 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)."

5.12 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."

5.13 Policy CA/2 - Special Planning Considerations states: "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."

6 Suggested Conditions

6.1 If the Inspector is minded to recommend that the application is permitted, consideration should be given to the following conditions:

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 no. D1/104 date stamped the 11th October 2012.

This statement has been prepared by Mr A Holmes BA(Hons) DipTP(UC) MRTPI on behalf of the Planning Authority.

Signed _________________________ Date _________________________