DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 20/00566/CON Applicant: Emerald Assisted Living Limited Proposal: Registered Building consent for the demolition elements relating the application 20/00565/B Site Address: Tudor Lodge 18 Stanley Terrace Douglas Isle Of Man IM2 4EP Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 21.07.2020 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

This application has been recommended for approval for the following reason. It is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 1539.1, 785.1 REV 1 and Site Plan (scale 1:2500) all received on 27th June 2020. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.

1.0 THE SITE - 1.1 The application site is the curtilage of Tudor Lodge Residential Care Home, Stanley Terrace, Douglas. The property is situated at the end of the terrace with its north western elevation facing onto Marathon Road. To the rear of the property is Stanley Place land which runs between Stanley Terrace and Victoria Place. The property is currently served by a garage which is detached from the building and is accessed from Stanley Place.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the Registered Building consent for the demolition elements relating the application 20/00565/B.

3.0 PLANNING STATUS AND POLICY - 3.1 The application site is located within an area identified as being Predominantly Residential by the Douglas Local Plan and the Draft Area Plan for the East. The site is within a Conservation Area. - 3.2 The Strategic Plan contains two policies which are relevant: - 3.3 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

3.4 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." - 3.5 Within Section 7.32 - Demolition in Conservation Areas of the IOMSP, the following text is all relevant and informs Environment Policy 39 (below):

"7.32.1 Under Section 19 of the 1999 Town and Country Planning Act, Conservation Area designation introduces control over the demolition of most buildings within 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 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 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."

3.6 Environment Policy 39 states: "The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area." - 3.7 Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man):

"POLICY RB/6 DEMOLITION There will be a general presumption against demolition and 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 an 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 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

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 in 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 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."

4.0 PLANNING HISTORY - 4.1 The application site has been the subject of five previous planning applications which are considered materially relevant to the assessment of this application: - 4.2 Variation of condition 1 of application 15/01332/B for alterations, conversion of garage and erection of a single storey extension, to extend the period of approval for a further 4 years

- 19/01325/B - APPROVED

4.3 Variation of condition 1 of application 15/01332/B for alterations, conversion of garage and erection of a single storey extension, to extend the period of approval for a further 4 years

- 19/01325/B -

4.4 Variation of condition one of PA 11/01029/B to extend the period of permission by an additional four years - 15/01332/B - APPROVED - 4.5 Alterations, conversion of garage and erection of a single storey extension to provide additional living accommodation - 11/01029/B - APPROVED at Appeal. - 4.6 Alterations, conversion of garage and erection of a single storey extension to provide additional living accommodation - 06/00484/B - APPROVED - 4.7 Erection of staff accommodation with integral garage to replace existing garage/store to rear - 00/01057/B - REFUSED at Appeal - 4.8 Change of use to residential care home - 92/00384/C - APPROVED

5.0 REPRESENTATIONS - 5.1 The Highways Services of the Department of Infrastructure does not object to this application (received on 26.06.2020) COMMENTING: "The site history and user operations have been noted and that the loss of the garage is not to count towards parking. It is understood that the garage has historically and is being used as a storage facility. The Applicant is advised that a licence may be necessary for the use of the highway for equipment and materials."

- 6.0 ASSESSMENT

6.1 The main issue to be considered in the assessment of this application is whether the existing garage building should be retained as its makes a positive contribution to the character or appearance of the Conservation Area. - 6.2 In the planning application it was considered that the proposed new building would be acceptable. The existing building is in a poor state of repair and is not an original form of development, rather an add on in the past. Its design, finish and appearance has an adverse impact within the street scene. Therefore in relation to the demolition, there are no concerns as it is consider the merits of alternative proposals are beneficial within Conservation Area and the main building.

7.0 CONCLUSION 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : …Permitted……….... Committee Meeting Date:…07.09.2020

Signed :…………C BALMER….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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