Loading document...
==== PAGE 1 ====
20/00585/CON Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 20/00585/CON Applicant : Tevir Developments Ltd Proposal Registered Building consent for demolition of bowling alley and north east bedroom/dining wing and installation of temporary protective cladding (in association with PA 20/00584/GB) Registered Building Nos. 82 Site Address Castle Mona Hotel Castle Drive Douglas Isle Of Man IM2 4LY
Case Officer :
Mr Ross Brazier Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation
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.
C 2. This approval relates only to the demolition of the bowling alley and north east bedroom/dining wing and installation of temporary protective cladding.
Reason: For the avoidance of doubt and to ensure the satisfactory preservation of this registered building
C 3. All demolition works to be carried out in accordance with the schedule of demolition works, 18135-200514, date stamped received 05th June 2020 and associated plan job no 18-135, drawing no 100, date stamped received 5th June 2020.
Reason: For the avoidance of doubt and to ensure the satisfactory preservation of this registered building
C 4. The OSB and cladding as shown and described on drawings 141,142,143,144,145,146,147,148 dated stamped received 05 June 2020 shall be commenced within 7 days of demolition and completed within 6 weeks of completion of the demolition.
Reason: To ensure the satisfactory preservation of this registered building
==== PAGE 2 ====
20/00585/CON Page 2 of 9
C 5. Any damage to the registered building during the course of the works hereby approved shall be made good upon completion of said works. All making good works shall be submitted to and approved in writing by the Department and thereafter implemented within time period to be agreed with the Department.
Reason: to ensure the satisfactory preservation of this registered building
C 6. Prior to the commencement of works taking place details of the method for protecting architectural details and features on the affected (north east) elevation of the registered building have been submitted to, and approved in writing by, the Department, implemented and inspected and approved on site by an officer of the Department.
The approved protection measures shall be retained and maintained throughout the period of the work. Architectural details including but not limited to the Coade Stone Medallions, windows, and parapet.
Reason: To ensure the satisfactory preservation of this registered building
N 1. Before work begins it shall be agreed in writing with the Department that the Applicant's agent will supervise the hereby approved works of alteration or demolition. Any proposed changes to the agreed supervision arrangements shall be subject to the prior written agreement of the Department.
N 2. Before work begins a site meeting shall be held between The Department and the persons responsible for undertaking the works to ensure that the Conditions attached to the registered building consent are understood and can be complied with in full. Notification of the date and time of a meeting shall be made in writing to the Department.
This application has been recommended for approval for the following reason. The proposals are considered to be in accordance with the Strategic Plan policies, Policies RB/3 RB/5, CA/2 and CA/4 of Planning Policy Statement 1/01
Plans/Drawings/Information;
This decision relates to the following: Drawings, the schedule of works and information all received on 5th June 2020.
__
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 6(4):
The Isle of Man Natural History and Antiquarian Society __
Officer’s Report
THE SITE 1.1 The site is the Registered Building RB82, The Castle Mona Hotel, constructed in 1804 to the design of George Stewart for the Duke of Athol. The site is located along Central Promenade with the Castle Mona Shopping parade directly beneath part of the curtilage and bounded by Castle Drive to the south and the north by the Best western Palace hotel. To the rear of the property is Place Cinema with Empress Drive beyond.
==== PAGE 3 ====
20/00585/CON Page 3 of 9
1.2 The property is located within the Promenades Conservation area.
THE PROPOSAL 2.1 The application seeks approval for Registered Building consent for the demolition of the bowling alley and the north east bedroom/dining wing and the installation of temporary protective cladding to secure the building and make it wind and watertight post demolition. Planning Approval is also sought for the works under the application 20/00584/GB.
2.2 The elements proposed for demolition do not form part of the registration, however as they are physically attached to the registered part of the building, registered building consent is required to safeguard the protected building. Registered building consent is also required as the property is located within a conservation area.
2.3 The demolition is proposed as outlined within the detailed schedule of works submitted and details on the approved plans. The application also provides details of the proposed protective measures to ensure the exposed areas of the building post demolition are made wind and watertight.
2.4 The application along with 20/00548/GB will form a series of applications all with the overriding aim of securing and undertaking necessary works to the registered building to prevent further decay while futures uses for the building are being explored.
PLANNING POLICY 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions (3) In considering - (a) whether to grant planning approval for development which affects a registered building or its setting, or (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.
3.2 S18 Designation of conservation areas (4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
Environment Policy 30: There will be a general presumption against demolition of a Registered Building. In considering proposals for demolition or proposed works which would result in substantial demolition of a Registered Building, consideration will be given to: The condition of the building; The cost of repairing and maintaining it in relation to its importance and the value derived from its continued use (based on consistent long-term assumptions); The adequacy of efforts made to retain the building in use; and the merits of alternative proposals for the site.
==== PAGE 4 ====
20/00585/CON Page 4 of 9
Environment Policy 32: Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted.
Environment Policy 35: 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.
Environment Policy 39: The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area.
3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:- o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).
POLICY RB/5 ALTERATIONS AND EXTENSIONS In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.
Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.
Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence.
POLICY RB/6 DEMOLITION
==== PAGE 5 ====
20/00585/CON Page 5 of 9
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/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
POLICY CA/4 PROPOSALS FOR PRESERVATION AND ENHANCEMENT It is important that designation is not seen as an end in itself, but that there be an opportunity for the designation to be considered in a wider context, such as that of an area plan. It is this overview which will basically determine the long term validity and prosperity of the conservation area. For example, proposals and policies contained within an area plan may take the opportunity to improve matters such as traffic congestion in and around a conservation area by traffic management and improvement, the provision of off-street parking and the introduction of some pedestrian or bicycle priority ways. The plan will also prescribe the use of land and buildings within the conservation area and beyond and may indicate opportunities for enhancement by restoration and re-use, or if appropriate, for replacement of elements within the conservation area which detract from the special character of the area.
POLICY CA/6 DEMOLITION
==== PAGE 6 ====
20/00585/CON Page 6 of 9
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.
PLANNING HISTORY 4.1 This application runs contemporaneously with 20/00584/GB for planning approval for the same works
4.2 The site has also been the subject of numerous planning applications none of which are considered to be materially relevant to the current application.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Douglas Corporation raised no objection to the application (01.01.20).
5.2 Highways Services indicate there is no highway interest in the application (30.06.20).
5.3 DEFA Ecosystems have advised a n informative should be added to any approval in relation to nesting birds (16.07.20).
5.4 Isle of Man Natural History and Antiquarian Society (IMNHAS) support the application(s) and recommends that a Planning Brief is produced to address any future additions to the registered building. Further information was also provided relating to the design, layout and significance of the building (09.08.20).
5.4.1 Further supporting information was submitted by IMNHAS relating to the design, construction and evolution of the building ().
5.5 Manx National Heritage (MNH) were consulted on the application, however no comments were received.
ASSESSMENT 6.1 Castle Mona (RB 82) is a Registered Building located on a prominent position within Douglas Bay. Castle Mona should be considered as one of the island's most prominent historic building of architectural and historic interest. Once set within large grounds extending to the shore, the building was originally constructed as the private residence of the 4th Duke of Athol. Constructed of Arran freestone imported to the island it is comprised of three storeys on top of a rusticated half basement and castellated parapet and central tower behind vertically
==== PAGE 7 ====
20/00585/CON Page 7 of 9
emphasized three-bay rhythm to the principal sea facing facade the building is of clear architectural presence and note.
6.2 The building was shorted lived as a private residence and used as a hotel as early as 1831, the building has had three stages of major intervention, firstly in the late 1880's as part of a hotel redevelopment scheme, again in the mid-20th century when the north east wing was added and finally in the 1990's when the blowing alley was created. The last two phases comprise the elements that are proposed to be demolished.
6.3 The building has been vacant since 2006 and is currently in a poor state of repair. The applicants have since their purchase of the property in 2018 undertaken urgent works to the roof structures to prevent water ingress and to secure the property. The application is the result of continued pre-application discussions and meetings with them and their agents.
6.2 Although not registered in their own right the elements proposed for demolition are physically attached to the registered structure, registered building consent for the works are required and the Department's statutory duty under S16 of the Town and Country Planning Act 1999 to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses when granting registered building consent must be considered.
6.3 As demolition is being proposed within a conservation area S18 of the Act must also be considered that attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.
6.4 It is considered that as the works related to an non registered part of the building Environment Policy 30 of the Strategic Plan and Policy RB/6 of PPS 1/01 do not apply.
6.5 As the application relates to partial demolition of a building of later additions elements that are considered not to make a positive contribution to the conservation area Environment Policy 39 of the Strategic Plan and Policy CA/6 of PPS 1/01 are also considered not to apply.
6.4 The issues for the application are the preservation of the registered part of the building, its setting or any features of special architectural or historic interest and upon the character and appearance of the Conservation Area.
6.5 The proposed works will result in the loss of later additions to the registered building, which have resulted in a negative impact upon the setting of the registered building and do not make a positive contribution to the character of the Conservation area, their removal will have a beneficial impact upon the setting of the registered building and have the potential to enhance the character and appearance of the conservation area and contain provisions to secure the registered building from the elements and further decay until future decisions are made.
CONCLUSION 7.1 The proposals are considered to be in accordance with the Strategic Plan policies, Policies RB/3 RB/5, CA/2 and CA/4 of Planning Policy Statement 1/01 and is supported.
INTERESTED PERSON STATUS
==== PAGE 8 ====
20/00585/CON Page 8 of 9
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; o Manx National Heritage, and o The local authority in whose district the land the subject of the application is situated.
8.2 The Decision maker must determine whether there are other persons to those listed above who should be given Interested Person Status.
__
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 :...R BRAZIER... 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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
==== PAGE 9 ====
20/00585/CON Page 9 of 9
PLANNING COMMITTEE DECISION 07.09.2020
Application No. : 20/00585/CON Applicant :
Tevir Developments Ltd Proposal : Registered Building consent for demolition of bowling alley and north east bedroom/dining wing and installation of temporary protective cladding (in association with PA 20/00584/GB) Registered Building Nos. 82 Site Address : Castle Mona Hotel Castle Drive Douglas Isle Of Man IM2 4LY
Registered Buildings Officer : Mr Ross Brazier
Presenting Officer As above
Addendum to the Officer’s Report
The Committee discussed the application and supported approval subject to amendment to condition 4 and Note 1 from those recommended, as follows;
C 4. The OSB and cladding, colour to be agreed in writing with the Department, as shown and described on drawings 141,142,143,144,145,146,147,148 dated stamped received 05 June 2020 shall be commenced within 7 days of demolition and completed within 6 weeks of completion of the demolition and retained until no longer required.
Reason: To ensure the satisfactory preservation of this registered building
N 1. Before work begins it shall be agreed in writing with the Department that the Applicant's agent will inspect the hereby approved works of alteration or demolition to ensure they are undertaken in accordance with the approved plans. Any proposed changes to the agreed supervision arrangements shall be subject to the prior written agreement of the Department.
Copyright in submitted documents remains with their authors. Request removal