28 September 2022 · Planning Committee
22, North Quay, Douglas, Isle Of Man, IM1 4le
The site comprises a row of 19th-century quayside buildings (22-28 North Quay) of varying styles, heights and materials including rendered Manx stone walls and pitched slate roofs, with only Merchant House (24) proposed for retention and minor external alterations; the rest to be demolished for new 3-4 storey buildings…
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The officer applied statutory tests under Town and Country Planning Act 1999 s16(3) (special regard to preserving registered building/setting/features of special interest) and s18(4) (special attentio…
Strategic Policy 4
Protect/enhance fabric/setting of registered buildings/conservation areas. Failed as total loss of RB27-28 and positive CA contributors harms historic quayside character without justification.
General Policy 2
Development must respect site/surroundings (scale/form/design), not adversely affect townscape/amenity. Demolition harms CA townscape; design uniform/increased massing.
Environment Policy 30
Presumption against RB demolition; assess condition, repair costs vs importance/use value, retention efforts, site alternatives. Failed all tests: neglect-caused condition, no costs/viability, no reuse efforts, alternatives exist (extant approvals).
Environment Policy 31
Presumption against RB de-registration. Not applied for.
Environment Policy 32
No alterations harming RB character. Total demolition greatest harm.
Environment Policy 35
CA development must preserve/enhance character. Demolition harms; replacement doesn't compensate.
Environment Policy 39 - Retention of building in Conservation Areas
Presume retain positive CA contributors; assess condition/costs/efforts/alternatives. No justification provided.
Unanimously supports both applications following Environmental Services Committee consideration
Sufficient information provided; no further comments
No objections subject to condition restricting ground/basement to non-residential (flood risk)
Supports on economic grounds: £8m investment, regeneration, hospitality/residential cluster, brownfield reuse; structural reports doubt retention viability
Commuted sum £134,928.67 for 25% affordable housing (units don't accord with Design Guide)
Dilapidated/empty; excellent development improves quay, business/residential, heritage-sensitive
Newsons beyond saving; derelict eyesore
Derelict eyesore; improve harbour tourism/leisure/residential; flexibility on registration
The Registered Building Officer strongly objects to the demolition of registered buildings 27-28 North Quay and other structures in the North Quay Conservation Area, citing failure to justify demolition under policy and expert structural review confirming buildings are repairable.
Key concern: Demolition of unique registered late-18thC warehouse without policy justification or repair evidence
Registered Building Officer (Ross Brazier)
ObjectionRecommendation: Refuse on heritage impact; no substantive or quantified evidence... building is either on the point of imminent collapse or that any case for demolition... exists; the building is not in imminent danger of collapse and is capable of repair and renovation; proposals... fail to preserve the registered building... contrary to policies GP4, EP30, 35 and 39... RB/6, CA/2 and CA/6
Mann Williams Consulting Civil and Structural Engineers (Jon Avent)
Objectionno substantive or quantified evidence presented... that the building is on the point of imminent collapse; the building has been neglected and needs repair and maintenance; Having visited the building... it is my professional opinion that the building is not in imminent danger of collapse and is capable of repair and renovation
Isle of Man Natural History and Antiquarian Society
Objectiondemolition of the Registered Buildings Nos 27 and 28... are not justified; no effort has been made to maintain the Registered Buildings; this lack of action represents 'constructive demolition'
Building Conservation Forum (Marlene Maska)
ObjectionBCF wish to firmly state its opposition to the works; The greenest building is the one that already exists; no justifiable reason for the current proposal to demolish these Registered Buildings
Department for Enterprise (Tim Crookall MHK)
SupportDepartment wishes to confirm its support for the application as proposed, on economic grounds; £8m privately funded regeneration; risks the loss of significant investment
The original applications were refused by the Planning Committee on 26 September 2022 for failure to justify demolition of the registered building (Nos 27-28 North Quay) and harm to the North Quay Conservation Area. The appellant argued the buildings were structurally unsound based on reports from Curtins and Structura, economically unviable to repair, and presented a design respecting the conservation area with Merchant's House (No 24) retained as anchor. The council defended refusal citing expert evidence from Mann Williams that retention was feasible, deliberate neglect, inadequate marketing efforts, and poor design quality. The inspector found insufficient justification for demolition under Environment Policy 30 as structural instability was not proven, repair costs not prohibitive, and alternatives viable; the design failed to preserve/enhance the conservation area due to loss of variety, poor proportions, and incongruous features. Both appeals were recommended dismissed, outweighing economic benefits.
Precedent Value
Sets high bar for RB demolition: Must prove irremediable instability with robust evidence (calculations, monitoring); prioritises retention/viability of alternatives; design must demonstrably enhance CA variety even post-demolition. Applicants need CARE engineers, detailed monitoring, thorough marketing for success.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
