28 September 2022 · Planning Committee
22, North Quay, Douglas, Isle Of Man, IM1 4le
This decision was appealedAP22/0046
Appeal dismissed
This decision was appealedAP22/0045
Appeal dismissed
The proposal involved complete demolition of 19th-century quayside buildings at 22-23, 25-26 (non-registered but in Conservation Area) and registered warehouse/buildings 27-28 North Quay (RB 289, late 18th century), retaining only No.24 Merchant House with minor alterations.
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Officer concluded proposal fails statutory tests: s16(3) requires special regard to preserving registered building's special architectural/historic interest (last surviving quayside warehouse, oldest …
Strategic Policy 4
Requires protection/enhancement of Registered Buildings/Conservation Areas. Officer: demolition fails to protect fabric/setting of RB289 and CA character.
General Policy 2
Requires development respects site/surroundings (b,c,g). Officer: harms townscape character, CA quality.
Environment Policy 30
Presumption against RB demolition; assess condition, repair costs, retention efforts, site alternatives. Officer: fails all tests (repairable; no viability; no efforts; extant alternatives).
Environment Policy 31
Presumption against RB de-registration. No application made.
Environment Policy 32
No detrimental alterations to RB character. Total loss detrimental.
Environment Policy 35
CA development must preserve/enhance character. Demolition harms historic quayside.
Environment Policy 39 - Retention of building in Conservation Areas
Presume retain positive CA contributors. Fails condition/viability tests.
Unanimously supports both applications
No objection after additional information
No objection; condition ground/basement non-residential
Supports on economic/regeneration grounds; £8m investment, brownfield, hospitality/residential cluster
Commuted sum for affordable housing
Dilapidated; improves area, business/residential
Derelict; tourism/leisure/residential benefits
Regeneration improves marina/Barbary Coast
The Registered Building Officer strongly objects to the demolition of Registered Buildings 27-28 North Quay and other buildings in the North Quay Conservation Area, citing failure to justify demolition under policy and expert structural advice that the buildings are repairable.
Key concern: failure to justify demolition of nationally important registered buildings contrary to heritage policy
Ross Brazier: Principal Registered Buildings Officer
ObjectionRecommendation: Refuse on heritage impact; there has been no substantive or quantified evidence... that the building is either on the point of imminent collapse or that any case for demolition of the protected structure exists; the building is not in imminent danger of collapse and is capable of repair and renovation; proposals fail to preserve the registered building the loss of which would fail to preserve or enhance the character or appearance of the conservation area
The original applications sought consent for demolition of Nos 22-23, 25-28 North Quay (including registered buildings 27-28) within North Quay Conservation Area, conversion of No 24, and redevelopment for three bar/restaurant units and ten apartments. Refused by Planning Committee due to insufficient justification for demolition of registered building and harm to Conservation Area character. Appellant argued buildings structurally unsound per engineering reports, economically unviable to retain, prior retention scheme lapsed due to costs, and replacement design sympathetic. Council defended refusal citing expert evidence building repairable, deliberate neglect, inadequate marketing/retention efforts, and poor design quality. Inspector preferred council's CARE-accredited engineer, found no evidence of imminent collapse or ongoing movement justifying demolition, retention viable per prior approvals, replacement design harmful to Conservation Area, and benefits insufficient to outweigh heritage harm. Recommended dismissal of both appeals.
Precedent Value
Sets high bar for registered building demolition: requires robust evidence of instability (calculations, monitoring), credible viability/marketing, superior replacement design enhancing CA; prioritises repairable heritage over regeneration even if derelict; CARE-accredited expertise weighs heavily.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
