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22/00233/CON Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00233/CON Applicant : Miss Delia Maguire Proposal : Registered Building consent for demolition elements to PA 22/00230/B Site Address : Trevelyan 18 - 19 Palace Terrace Queens Promenade Douglas Isle Of Man IM2 4NE
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 06.02.2023 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The demolition of the whole of the property bar most of the front facade would result in a substantial adverse impact on the character and appearance of the Conservation Area and harm the overall historic quality of this part of the streetscene. The application site contributes to the area and the proposed removal without sufficient detail on how this would be achieved would fail to preserve or enhance the character and appearance of the Conservation Area contrary to Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01. __
Interested Person Status - Additional Persons
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 Isle of Man Victorian Society
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Officer’s Report
THE APPLICATION SITE
1.1 The application site represents "Trevelyan" at 18 Palace Terrace on the Queens Promenade in Douglas. The building is a six storey mid terrace building is situated between Place View Terrace and Switzerland Road and adjacent to Marathon and Athol Terrace.
THE PROPOSAL
2.1 This application runs contemporaneous to PA22/00230/B for the full works comprising of the elements below.
"2.1 The current planning application seeks approval for the demolition of the existing hotel, whilst keeping the front façade in place. The proposed new rear structure will be at the same height as existing structure and will infill the existing empty space to the rear.
2.2 No details has been provided within this application on how the proposed façade will be kept with regards to structural works."
2.2 Registered Building Consent is sought as part of this application for the demolishing of the whole hotel behind the existing front façade which is to be maintained.
PLANNING HISTORY
3.1 The following applications are deemed relevant to the assessment of this application;
PA22/00230/B - Part demolish of existing hotel maintaining front facade and erection of 15 replacement apartments, creation of a basement car park and associated bicycle storage - Refused
PA21/00970/A - Approval in principle to maintain the front facade of the hotel and demolish and develop the building into apartments with associated parking - Refused.
PLANNING POLICY
4.1 The site lies within an area zoned as "Mixed Use" on the Area Plan for the East, Map 4 - Douglas. Given the nature of the application being for Registered Building consent works in relation to PA22/00230/B it is most relevant to focus on those policies which relate specifically to demolition works within a Conservation Area and Heritage policies referenced in PPS 1/01.
4.2 The Strategic Policies which are the most applicable to this application are Strategic Policy 4 which seeks to protect or enhance Conservation Areas, Environment Policy 35 which seeks that the character and quality of the Conservation Area is protected against inappropriate development, Environment Policy 39 in connection with Paragraph 7.32.2 which seeks to retain building which make a positive contribution to the character or appearance of the Conservation Area.
4.3 With regards to the Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man, the most relevant policy is CA/6.
REPRESENTATIONS
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5.1 The Principal Registered Buildings Officer of the Department has written in and states the following in part, "The application is lacking in any sufficient details and justification to warrant the demolition of this building. I have serious concerns that if approved the proposals could result in the total loss of the building based on the lack of supporting information provided. Façadism has not been conservation best practice for about 20 years and there should be detailed evidence as to why more of the structure could not be retained. I have no objection to the proposed used but the application fails to make clear why the existing property cannot be converted and why this cannot be converted without the provision of on-site car parking. I do however have serious concerns regarding the proposed car parking element and the need to remodel one of the bay windows to facilitate vehicular access due to the visual impact this would have upon the building and street scene. The building makes a positive contribution to the conservation area, the application fails to justify the demolition nor provide any security that the entire building isn't at risk. I therefore recommend the application is refused." (28.04.22)
5.2 Douglas Corporation have considered the proposal and have no objection to the proposal subject to a condition on approval granted that the applicant is able to demonstrate by way of a structural engineering report that the front façade of the property can be safely maintained ensuring that the development does not have a detrimental effect on the streetscene of the Conservation Area. (16.05.22)
5.3 Highway Services have considered the application and have no highways interest. (24.03.22)
5.4 DEFA Biodiversity have written in to state that there is potential for bats and nest birds and that they request a preliminary bat survey is to be undertaken prior to determination. (08.04.22)
5.3 The Isle of Man Victorian Society have written in to objecting against the proposal stating in part, "Whilst appreciating that total demolition of the building is not proposed, the Society considers that there is still a lack of justification for the current proposal and therefore that it falls short of complying with the spirit of the above policy which is reinforced by Isle of Man Strategic Plan Environment Policy 39." (19.04.22 & 23.06.22)
ASSESSMENT
6.1 In the first instance, it is relevant to note that PA22/00230/B received amended drawings which altered the proposal, in so much that the front façade and a load bearing wall was to be kept, whilst the addition of the load bearing wall was noted the application was refused. This additional detail was not carried onto this application and as such, the application is assessed on the information as given.
6.2 The main consideration for this application is whether the demolition of the whole structure bar most of the front façade is acceptable, having regard to the policies referred to in 4.0 of this report, which seeks to ultimately preserve or enhance the character of the Conservation Area and retain those buildings or features which make a positive contribution to the historical and architectural interest of the area and seek such special areas from harmful or unacceptable development.
6.3 The demolition works within this application are in connection with PA22/00230/B which is required to do the works, which was ultimately refused for the following reasons;
"R 1. The proposal neither preserves nor enhances the character and appearance of the existing site within the Conservation Area, as such the proposal will negatively impact the Conservation Area and would be contrary to Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan.
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R 2. Insufficient information has been provided to determine whether the existing building can be retained including whether the front facade can be retained and incorporated into any new development and therefore the proposal would be contrary to Environment Policy 39 and Section 7.32 Demolition in Conservation Areas of the Isle of Man Strategic Policy and Policy RB/6 and CA/6 of Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.
R 3. Insufficient information has been provided to adequate demonstrate any new development would not result in the replacement or alteration of a significant amount of the historical fabric of the existing building and therefore would not preserve or enhance the quality of the Conservation Area and would therefore be contrary to Environment Policy 35.
R 4. The proposal does not provide a suitable pleasant clear outlook from the apartments situated to the rear of the site, from the main principle room or the secondary principle room and as such is the proposal does not comply with Housing Policy 17."
6.4 From the refusal reasoning's, it can be seen that the proposal neither enhanced nor preserved the Conservation Area, of which the main reason was that there was a lack of information regarding how the front façade was to be kept. Ultimately there is the same lack of information within this application, which means that the proposed demolition of the whole structure bar most of the front façade would fail to preserve or enhance the character and appearance of the Conservation Area and would be contrary to Environment Policy 35 of the Isle of Man Strategic Plan and Planning Policy Statement 1/01.
CONCLUSION
7.1 This Registered Building consent proposal does not comply 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 refusal.
INTERESTED PERSON STATUSINTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application; (c) Manx National Heritage; and (d) The local authority in whose district the land the subject of the application is situated
8.2 In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application. __
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 : Refused Date: 07.02.2023
Determining officer
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Signed : C BALMER
Chris Balmer
Principal Planner
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