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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00586/GB Applicant : Tevir Developments Ltd Proposal : Alterations and demolition of single storey extension, and installation of temporary protective cladding and decking (in association with PA 20/00587/CON) Site Address : Castle Mona Hotel Castle Drive Douglas Isle Of Man IM2 4LY
Registered Buildings Officer: Mr Ross Brazier Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.10.2020 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The Temporary Timber cladding and fibre glass roof, colour to be agreed in writing with the Department, as shown and described on drawings dated stamped received 05 June 2020 & 25 August 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. All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o Intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 whi!e it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to £10,000 pounds.
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The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins, and for pigeons, nesting can take place year round. Thorough checks for birds, their active nests and eggs should be undertaken prior any activities which may block access in and out of the building and prior to any demolition. Once it has been established that no birds, their active nests or chicks are within the building, then any suitable access points to the building should be blocked off prior to demolition,
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 and supporting information all received on 5th June 2020 with the exception of drawings no 200RB, 231, 232, 233, 234,248,249 that have been superseded and ammended and additional drawings date stamped 25th th August 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
as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
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.
1.2 The property is located within the Promenades Conservation area.
THE PROPOSAL 2.1 The application seeks approval for the demolition a rear single storey store/wc extensions; remove two number store extensions to the inner courtyard; remove the single storey flat roof infill and associated office/toilets to the inner courtyard; provide a temporary protective rain screen and floor deck at ground level to the exposed areas of the inner courtyard. Amendments were submitted to the proposals for the removal of lath and plaster ceilings and modern non-structural ceiling joists to the first, ground and basement floors, removal of wall linings, demolition of rear lane upper gate pillar and removal of rear metal fire escapes. Registered building consent is also sought for the works under the application 20/00587/CON.
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2.2 The southwest wing does not form part of the registration, however as it is physically attached to the registered part of the building and the works form a single project, these elements form part of the application.
2.3 The works are proposed as outlined within the detailed within the outline specification of roof repairs, design and methodology for the temporary propping within the round tower and details on the proposed 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 20/00587/CON 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;
General Policy 2: 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;
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(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.
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 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
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.
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
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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 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.
PLANNING HISTORY 4.1 This application runs contemporaneously with 20/00587/CON for registered building consent 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 an 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
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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 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.
6.4 Due to the extensive nature of the proposals involving demolition and including loss of internal fabric 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.
6.5 As the building is located 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.
6.6 The issues for the application are the preservation of the registered building, its setting or any features of special architectural or historic interest and upon the desirability of preserving or enhancing the character and appearance of the Conservation Area.
6.8 It is clearly demonstrated within the application's supporting information and proposals that major repairs are necessary to prevent the building from further decay and preserve it for future generations. The proposed works will result in the loss of some historic fabric; internally this will be lath and plaster ceilings and walling linings. However the application has made clear that given the condition of these elements is poor and have already suffered from serious interventions and removal in parts, their contribution to the special interest of the building is now very limited and the removal of these remaining elements is vital to facilitate the major repairs required and remove pervious unsympathetic additions and alterations.
6.9 The proposals will not affect the rooms and internal features that are of high heritage value and interest and it is proposed these areas will be repaired where necessary using traditional materials and techniques.
6.10 The structures proposed for demolition are all later additions and elements that detrimentally affect the character of the buildings in terms of its special interest, these
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elements are located within the access land and inner courtyard. The proposals provide for the covering up with rain screen cladding of areas exposed as a result of the proposed demolition
6.9 To facilitate the necessary works the stone pillar to the boundary wall will need to be demolished, the applicant has identified that this pillar relates to the hotel development stage of the property, it is considered that the need for access to facilitate the necessary works to the building are outweighed by the harm caused by the loss of the pillar. It is also considered that given the positioning of the pillar its loss with have a relatively minor impact upon the character and appearance of the Conservation when considered against the benefits of the proposals as a whole.
6.10 The application will take advantage of the required roof repairs to introduce energy saving insulation that is suitable for using within historic buildings to improve efficiency and will also provide safe and better access to ensure the roof is adequately maintained.
6.11 As the roof structures are mostly not visible due to the parapet detailing of the building with the exception of some elements of the south west wing roof, there will be very limited visual impact upon either the registered building itself or the conservation area. Where the roof is visible the proposed change to a traditional material will be positive and therefore an enhancement.
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.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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: 05.10.2020
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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
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