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20/00933/CON Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00933/CON Applicant : Quiggin And Cubbon Limited Proposal : Registered building consent for demolition elements for PA 20/00932/B Site Address : Workshop Berkeley Street Douglas Isle Of Man IM2 3QA
Planning Officer: Mr Peiran Shen Photo Taken : 10.09.2020 Site Visit : 10.09.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.05.2021 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. This application is considered to comply with the General Policy 2, Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man.
Plans/Drawings/Information; This approval relates to the submitted documents, structural report date-stamped as having been received on 14th August 2020 and drawing no. 02A date-stamped as having been received on 4th February 2021. __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:
DoI Flood Risk Management
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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 4(2):
The IOM Victorian Society - Do not meet Sections A, B & C of the Operational Policy on Interested Person Status July 2018. __
Officer’s Report
1.0 THE SITE 1.1 The application site is the industrial curtilage of Workshop, Berkley Street, Douglas, a set of terraced two storey and one storey buildings located between Berkley Street and Albany Lane. The site was used as workshops and storage but it is currently vacant. A section in the middle of the site is not owned by the applicant and is therefore not part of the application.
2.0 THE PROPOSAL 2.1 Registered Building Consent is sought in connection with application 20/00932/B.
2.2 The focuses of proposals is the partial demolition building on the Albany Lane elevation and the removal of the roof.
3.0 PLANNING HISTORY 3.1 Demolition of existing light industrial units and erection of two light industrial units with ground floor storage, first floor offices and associated parking and drainage was APPROVED at APPEAL under PA 13/91190/B.
4.0 PLANNING POLICY 4.1 In terms of local policy, the site lies within an area designated as Predominantly Residential in the Area Plan for the East. The site is within the Selborne Drive Conservation Area.
4.2 The following Strategic Plan policies are considered relevant: General Policy 2, Environment Policy 35 and 39.
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: (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; (g) does not affect adversely the amenity of local residents or the character of the locality."
4.4 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."
4.5 Section 7.32 - Demolition in Conservation Areas "7.32.2 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. When considering proposals which will result in the demolition of a building in a Conservation Area, attention will be paid to the part played in the architectural or historic interest of the area by the relevant
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building and the wider effects of demolition on the building's surroundings and on the Conservation Area as a whole. In addition, consideration will be given to: o the condition of the building; o the cost of repairing and maintaining it in relation to its importance and the issue derived from its continued use (based on consistent long-term assumptions); o the adequacy of efforts made to retain the building in use; o the merits of alternative proposals for the site."
4.6 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man state:
4.7 POLICY RB/6 DEMOLITION "There will be a general presumption against demolition. ... Consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of a historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:
o The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces that in an age of rapid change may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair;
o The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building's condition.
o The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within a new development, and this option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them."
4.8 POLICY CA/6 DEMOLITION "Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above when assessing the application to demolish the building but is less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any
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proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole."
5.0 REPRESENTATION 5.1 Douglas Borough Council has no objection on this application (17/02/2021).
5.2 DoI Highway Services do not oppose this application (23/02/2021). The comment states that there is no significant negative impact upon highway safety, network efficiency and /or parking. The applicant is also advised that a licence may be necessary for the positioning of equipment and materials in the highway.
5.3 DoI Flood Risk Management Division states there is no flood risk management interest in this application (22/03/2021).
5.4 Principle Registered Building Officer (PRBO) wrote in objection of the application (16/09/2020). The comment points out that the previous demolition was approved under the premise that a replacement building was proposed. The demolition would create another gap in the Douglas Conservation Area and does not conform to conservation policies. The comment also points out that there is a lack of information regarding the impact on the conservation or the justifying weighting against preservation than demolition. The comment states that proposal would fail to preserve or enhance the character and appearance of the conservation area.
5.5 The PRBO has since reviewed the revised plan and has no objection to the revision (27/01/2021).
5.6 Isle of Man Victorian Society wrote in objection to this application (23/02/2021). The comment states that the back wall of these buildings are a part of the boundary between the Woodbourne estate and the Farrant Estate, which as different architecture styles. The comment raises concerns regarding the stability of the retaining wall and worry its instability might be used to justify additional removal in the future.
6.0 ASSESSMENT
6.1 The key consideration here is whether the demolition of the existing buildings are acceptable. Policies mentioned in section 4 seeks to ultimately preserve or enhance the character of the Conservation Area, retain those buildings which make a positive contribution and protect Registered Buildings from harmful or unacceptable development.
6.2 The character of the area is form by the rhythm of a variety of terrace. The demolition will break the rhythm. However, as the retaining wall is being proposed and has been found to be acceptable. It is likely to have a netural impact on the general character and appearance of the wider Conservation Area and is in line with EP35.
7.0 CONCLUSION 7.1 The proposal accords with the Strategic Plan and Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man, it is recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons: o The applicant, or if there is one, the applicant's agent;
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o Manx National Heritage, and o The local authority in whose district the land which 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 above 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. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 07.05.2021
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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