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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01318/CON Applicant : Mr Roy & Mrs Susan Tilleard Proposal : Application for the de-registration of Lorne House (12/00269/REGBLD) in accordance with 7(1)(a) of the (Registered Buildings) Regulations 2013 Site Address : Lorne House Douglas Street Castletown Isle of Man IM9 1AZ
Case Officer : Mr Stephen Moore
Expected Decision Level : Minister/ Dept delegated to issue by the Director
Officer’s Report
1 Introduction
1.1 In November 2015, the Department determined to register Lorne House, Douglas Street, Castletown. In doing so, it determined that the extent of the registration should include the curtilage of Lorne House, including its gardens. That registration was challenged on the basis that the Town and Country Planning Act 1999 allows only for the registration of buildings and not of any land surrounding the building. Following the receipt of legal advice confirming this to be the case, the Department needs to formally de-register the building as there is no mechanism within the Act to amend a registration. The Department is able to re- register the building, but needs to go through the appropriate procedures as set out in Schedule 2 of the Town and Country Planning Act 1999 and the Town and Country Planning (Registered Buildings) Regulations 2013. It is therefore appropriate to secure the preservation of the building in the meantime, by serving a Building Preservation Notice, as although its presence within a Conservation Area affords some protection, this would not extend to any internal features of merit.
2 What is the purpose of Registration?
2.1 Registration identifies and protects a building which has been deemed historically and/or architecturally important. In doing so, registration protects those parts of a building's character from unsympathetic change or in the worst case, demolition. In practice, this means that Registered Building Consent is required for any alteration in a way which would affect its special architectural or historic character, whether inside or outside the building. It may well be however, that a building or site can sustain a degree of sensitive change, especially if this will lead to an extended lease of life and particularly where there will also be wider benefits in terms of urban regeneration or the economic viability of rural areas through suitable and appropriate alteration or re-use. Indeed, many old buildings already bear the clear imprint of changes made by later generations and they are often more attractive on that account. What is essential is that any changes made are of a quality which future generations will respect and admire.
3 The Statutory Provision for Registration
3.1 The statutory provisions for registration are set out in Section 14 of the Town and Country Planning Act 1999 ("the Act").
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4 The Registration History of Lorne House
The 2008 Registration Application
4.1 In 2008, the Isle of Man Natural History & Antiquarian Society wrote to the then Department of Local Government & the Environment ("DOLGE") suggesting that the house should be entered on to the Register. The Society's call for inclusion of the building onto the Register was also supported by the Georgian Group who wrote at the same time to DOLGE and requested that Lorne House be entered onto the Register.
4.2 In line with Policy - RB/2 Identification of Buildings for Registration (refer to Paragraph above) and pending registration, DOLGE issued a Building Preservation Notice in respect of Lorne House in February 2008. At that time, the property owner, Mr Roy Tilleard, indicated his acceptance of the proposed Registration.
4.3 The Building Preservation Notice however expired in late June 2008 by which time the registration of the building had not been completed. Instead, and following agreement by DOLGE, the Department's Conservation Officer worked closely with the property owner to ensure any new proposed works to the property did not impact upon the historic integrity of the building.
The 2012 Registration Application
4.4 In 2012, the Department of Infrastructure's Member for Planning, Mr Quayle MHK, agreed that work to place Lorne House onto the Protected Buildings Register be re- commenced. As a result a notice of proposal to register Lorne House was published on 26th March 2012 and was subject to a period of 21 days public consultation.
4.5 During the consultation period, the property owners confirmed that, "... there is no considered objection to the principle of registration of Lorne House..."
4.6 However, registration was not progressed as officers instead became engaged in pre- application discussions with the property owner and his agents in respect of a number of alternative development proposals within the grounds of Lorne House as agreed by the then Director of Planning & Building Control.
4.7 The discussions did not materialise into any formal planning applications being submitted the effect of which was that, once again, the property's registration was not confirmed.
The 2015 Registration Application
4.8 In 2015 the Department became aware that Lorne House was being actively marketed for sale both by Quayles’ online Estate Agency and on the Zoopla property website.
4.9 In light of the above, it was becoming clear that there was an increasing risk to the historic integrity of Lorne House and its surroundings if registration of the building was not undertaken.
4.10 As such, and as Lorne House was within the then Minister's constituency, Mr Cretney MLC in accordance with the provisions of section 3(2) of the Government Departments Act 1989 (Refer to Appendix 1) consequently approved that Officers re-commence the process of registration.
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4.11 A Notice of Proposal to Register Lorne House was subsequently placed in The Courier newspaper on the 4th September 2015 and public notices were also displayed on site. The Notice provided for a 21 day consultation period and importantly highlighted that an amended 'Registration' boundary was being proposed as compared to that proposed by the 2012 Registration Application.
4.12 The Department received one response from Manx National Heritage in support of the registration application during the consultation period. However, the property owner objected to the registration. In a response dated 21st September 2015, the property owners' agents stated: "The owner is content that the building itself and the immediate garden are incorporated on the list and has carried out significant refurbishment works with approval to ensure that the fabric of the building is maintained in good order. There is a significant concern that the registration proposes to include the kitchen garden and field adjacent to the property. Historically, the owner has employed CgMS and through them Durham University to carry out both non-invasive and invasive archaeological exploration digs to establish the interest on the field. The results of these have been published and issued to Manx National Heritage who has confirmed that they have no interest in the property. Accordingly the registration of the fields and the kitchen garden are STRONGLY objected to by the owner. He recognises the importance of Lorne House in its walled garden environment and welcomes the proposals in this respect."
4.13 Having weighed and balanced both the consultation responses received and the supporting information for registering Lorne House, on 17th November 2015, the Department agreed to enter Lorne House onto the Protected Buildings Register.
5 Post 2015 Registration
5.1 On 4th December 2015, the Department received an application to remove (i.e. De- Register) Lorne House from the Register. In making the application, and while accepting that the building and the entrance gate/wall and turret should be entered onto the Register, the property owner: (i) objects to the inclusion of the wider gardens within any registration of the building; and (ii) objects to the inclusion of the field and kitchen gardens which, in the owner's opinion, are separate and distinct from the building.
5.2 The Department subsequently placed a Notice of Proposal to De-Register Lorne House in The Courier newspaper on 8th December 2016 and public notices were also displayed on site with the notice providing a 21 day consultation period for the receipt of comments etc.
5.3 The Department received 18 consultation responses all of which objected to the proposal to de-register the building. In summary, the following points were made as principal grounds for objecting to its removal: (i) The gardens are an intrinsic part of the historic setting/integrity of the building; (ii) The sub-division of the property into three areas may lead to development within the field/kitchen garden areas which would impact upon the historic setting/integrity of the building; and (iii) The de-registration of Lorne House without its immediate re-registration leaves the building vulnerable to inappropriate development.
5.4 On 5th February 2016, the Department received correspondence from the property owner's advocates stating that following further consideration of the Department's registration of the building on 17th November 2015, it was of the opinion that the Department had acted
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wholly outside of its statutory powers in registering both the building and its grounds and that this represented an ultra-vires act by the Department. As such, the advocates invited the Department to simply withdraw its Registration rather than continue to progress the current application for de-registration of the building.
5.5 There is no mechanism within the Act to simply withdraw the Registration, the only means of removing a building from the Register is to de-register the building following the processes set out in the legislation. In considering the comments made by the owner's advocates officers re-examined the precise wording of the Act which states 'any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building' and have concluded that it is appropriate to re-examine the extent of the registration.
6 Officer's recommendations
6.1 It is recommended that the building, garden and adjacent field be de-registered and simultaneously a Building Preservation Notice be issued for Lorne House dwelling and the entrance archway. Such a Notice, which will be in place for a maximum period of four months, protects the building from alteration or demolition as if it were included on the Protected Buildings Register. During that time the process of re-Registration would begin.
6.2 It is important to state that at all times until any new registration is confirmed, the building and the pertinent aspects of the site will be protected in law from demolition or alteration. Furthermore, protection to the grounds of the property will be afforded by its inclusion within the Castletown Conservation Area (designated in 1990) and as such, any future planning applications at all times will be considered on the basis of the impact of the proposals on the setting of a Registered Building and the character of the Conservation Area and the corresponding policy test of 'preserving and/or enhancing' the Conservation Area.
Recommended in accordance with 9(3) Town and Country Planning RB Regulations and GC 46/13
Consultee - Party status Local Authority MNH IOM Natural History & Antiquarian Society
Private representations, abutting the site and therefore accorded party status
Lorne House Lodge Coach House Cottage The Malt House 2 & 5 Bridge Street Stable Cottage 20 Brewery Wharf 21 Brewery Wharf 19 Brewery Wharf 24 Brewery Wharf Landlords of Brewery Wharf
Non party status to residents of
Maughold, Glebe Cottage
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22 Ballaughton Manor Hill Glen View Laxey Knock e Dhooney, Andreas
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.02.17
Reasons for Approval
R : Reasons for approval
R 1. The protected extents afforded by the original entry of Lorne House in the Protected Buildings Register has been legally challenged.
The Department has determined to place the registration on a secure legal footing and therefore redefine the protected building status to the footprint of Lorne House dwelling and the entrance archway, only.
R 2. In processing this matter the progression includes · Confirmation of the removal of Lorne House from the register under reference RB269 · In seeking to place the registration of Lorne House and the Entrance Archway on a secure legal footing a new registration process has been initiated under reference RB287 and RB288, coinciding with this decision. · Whilst both recommendations are progressed a Building Preservation Notice has been served on the property owners pending conclusion of the registration process and revised extents of the Departments protection.
Decision Made : Permitted Date : 01.02.2017
Decision made by the Department/Minister on 1 February 2017.
Decision to be issued by the Director
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