19/00960/CON Officer Report

Application No.: 19/00960/CON Applicant: Homefield Care Limited Proposal: Registered Building consent for the demolition elements relating the application 19/00959/B Site Address: Homefield 88 Woodbourne Road Douglas Isle Of Man IM2 3AS IM2 3AS Planning Officer: Mr Nick Salt Photo Taken: 11.09.2019 Site Visit: 11.09.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 31.10.2019 _________________________________________________________________

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. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the demolition, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the demolition works due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests of maintaining the amenities of the area and to ensure the visual impact of the development is mitigated in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• C 3. Prior to the commencement of the approved demolition works protective fencing will be installed in accordance with the approved Tree Protection Plan (TPP, drawing TPA-4919) and Arboricultural Method Statement (AMS). Removal of existing hard surfacing within the areas hatched green on the TPP shall be done in accordance with the recommendations contained in section 3 of the AMS.

Reason: To ensure that the agreed tree protection measures are implemented during the demolition works.

• C 4. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.

Reason: To provide adequate safeguards for the bats in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 4th September 2019:

• o A161 LS-01 - Site Plan
• o Photographs of site buildings
• o 1799 01 P-101 - Existing Site Plan

The 'Demolition of Existing Building Statement' received on 19th September 2019 and the 'Tree Protection Plan, Arboricultural Method Statement and Site Monitoring Schedule' date stamped as received 27th September 2019.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE FOR DETERMINATION AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.

1.0 SITE DESCRIPTION - 1.1 The application site is the wider curtilage of the Homefield site at 88 Woodbourne Road, Douglas. This roughly square area of land is approximately 1.06 acres in area and sits at the corner of Woodbourne Road and Murrays Road, with access from both roads onto the site. Paragraph 3.5 of the Woodbourne Road Conservation Area summarises the character of Woodbourne Road more generally:

"This main arterial route into the town is flanked by buildings which show the rich variety of styles adopted by our Victorian forbearers: there is a predominance of Italianate detailing and design seen both in the form of detached villas, as well as terraces with their highly-modelled, repetitive elevations. Decorative stucco, ornate ironwork and contrasting red and yellow Ruabon brickwork, all make important and pleasing contributions to the streetscape as it is progressively presented."

1.2 The main Homefield building on the site follows this style, with Italianate design featuring large chimney stacks, ornate window arches and external features throughout the rendered 2.5 storey building. Whilst these features are retained, along with the slate roof, there have been minor additions and alterations including a single storey annex to the main building over the years and it is need of refurbishment. Whilst in terms of size and presence, the building is equal with many of the mansion houses along Woodbourne Road, its poor upkeep and the nature of the rest of the Homefield site detracts from it significantly.

1.3 There are other buildings on the site all of which are currently vacant. There is a large garage building to which is attached a small store building, a single storey doctors surgery covering roughly the same area as the main building, another store building to the south west boundary, a large timber prefabricated building, as well as single storey offices directly adjacent to the main building in the northern corner of the site. None of these additional buildings are of notable architectural significance of value, with more modern functional designs and in some cases poor condition. - 1.4 The site is bounded by a high stone wall on all sides, within which the topography varies. There is a drop of approximately 6 metres in ground height from the north west to the south east of the site, including a steeply banked area in the middle of the site between Homefield and the former doctors surgery. There are mature trees at the boundaries, as well

• as some smaller trees and planting within the middle of the application site. The central parking area is concreted, with hard surfacing between the upper level accessing Homefield and the lower level to the car park at the former surgery.

1.5 The site is flanked to the south west by Africa House and its associated gardens, the main building being 8 metres from the application site boundary. At the Woodbourne Road side there are a number of large detached villas similar in size to Homefield at the opposite side of the street. Opposite the site on Murrays Road there is a residential area and a health centre, and to the south east a new nursing home site (Salisbury Street Care Home constructed in 2016).

2.0 THE PROPOSAL - 2.1 Proposed is the erection of a 73 bedroom elderly persons care home on the site, which would include the demolition of the existing buildings. The full proposal is outlined in the report for 19/00959/B. - 2.2 This application is specifically for Registered Building Consent for the demolition of the existing buildings, including the main Homefield building, required as the site is within a conservation area. - 2.3 As justification for these works, in addition to the proposed care home facility on the site, the applicants agent has provided some further information on the existing buildings:

"1. The main house/villa and single storey annex; The existing house has several unattractive extensions and is in poor condition; the location, internal layout, size and existing ceiling heights etc. would not allow it to be adapted or incorporated within the proposed scheme.

• 2. Large double or triple garage on Woodbourne Road; A double-height brick / pebble dashed, flat roofed structure with stone to the elevation facing Woodbourne Road. This building dominates the north western boundary of the site.
• 3. Single storey doctors' surgery on Murrays Road; Constructed of brick and render under a concrete tiled roof, this building faces Murrays Road and was designed to accommodate a doctors' surgery. A new Health Centre has been constructed opposite, rendering this building obsolete.
• 4. Single storey Timber prefabricated building within the site; This temporary building would appear to have been constructed to provide training accommodation and is unsuitable for everyday / continuous use.
• 5. Single storey building built against the boundary wall to Africa House. A painted masonry structure used most recently we believe as an equipment store.

None of the above existing buildings are sympathetic to each other or their location, all are in poor condition and therefore it was not deemed appropriate or practical to incorporate them into the proposed scheme."

3.0 PLANNING HISTORY - 3.1 There are a number of past planning approvals on the Homefield site for the main building and the surrounding buildings including the doctors surgery/clinic. These are all dated from the late 1980's through to the late 1990's and paint a picture of the previous use of the site as offices and a clinic but are not of specific relevance to this application. - 3.2 The most recent application on the site related to one of the outbuildings (11/01418/B), and was for the conversion of a workshop/office to office accommodation with a public counter and was approved.

4.0 PLANNING POLICY - 4.1 The site is within an area zoned as Predominantly Residential use as per the Douglas Local Plan 1998 (Map 3 - North). The site is also within Woodbourne Road Conservation Area. There are no registered buildings on the site. - 4.2 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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality."

4.3 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." - 4.4 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."

4.5 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."

4.6 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."

- 5.0 REPRESENTATIONS

5.1 Douglas Borough Council requested on 12.09.19 that the application be deferred until after the next Environment Services Committee of the Council. - 5.2 DoI Highways have stated that they have no highways interest in this Registered Building consent application (09.09.19). - 5.3 DEFA Forestry made the following comments on 26.09.19:

"I have reviewed the tree related information which has been submitted in support of application 19/00959/B and would like to make the following comments and recommendations on behalf of the Agriculture and Lands Directorate.

The related application, 19/00960/CON, for demolition of the existing buildings on the site, does not contain any information about tree protection measures. I note that the Arboricultural Method Statement (AMS) submitted under application 19/00959/B covers protection during demolition, but a copy of this document and drawing TPA-4919 needs to be formally submitted under application 19/00960/CON as well. I recommend that you get this information before determining the outcome of the application. I would welcome the opportunity to comment on appropriate conditions relating to tree protection once this information has been submitted.

I think that many of the category ratings in the original survey, completed October 2016, were overstated. I visited the site in May when I was asked if any of the existing trees were worthy of entry on to the tree register and I only found 3 possible candidates: T04 (Oak), T06 (Elm), and T33 (Elm). In my opinion there are very few good quality trees with significant amenity value on the site; a lot of small trees in the centre of the site are not visible to the general public. In contrast, the larger trees on the North-East and North-West boundaries of the site are very visible and therefore have some amenity value. The mature horse chestnut (T37) on the North-East boundary, adjacent to Murray's Road, is unsuitable for long term retention due to poor past management. T33 (Elm) is a large mature tree in the centre of the site but unfortunately this is on a slope between 2 different levels. Accordingly, it would be very difficult to incorporate this tree in to a design which also maximises the use of the site. T04, T06 and a small number of other trees along the North-West boundary adjacent to Woodbourne Road are being retained, which is positive.

I do not object to the tree removal proposed as part of this application.

The Tree Protection Plans show how the retained trees could be protected during demolition and construction. The AMS outlines the types of protective measures that will be necessary within the 'Arboricultural Monitoring Areas' (hatched green on drawing TPA-4919). For example, general procedures for the use of existing hard surfaces as ground protection, the removal of existing hard surfaces within Root Protection Areas (RPAs), the formation of new hard surfaces within RPAs, and other excavations within RPAs are provided. However, many of the statements are generic and I don't believe there is enough detail to be considered a full AMS, which could really only be produced in collaboration with the primary construction contractor.

In terms of the amount of tree canopy cover, the proposed planting does not (and will not) fully mitigate the proposed tree removal. However, from a visual amenity point of view, I believe that the proposed planting could have a positive impact on the overall appearance of the area and the street scene. The species selected suit the character and constraints of the site and will soften the visual appearance of the new building. At a meeting with the developer prior to the submission of this application we discussed the importance of replacement tree planting along the Murray's Road boundary. A concern I raised about the viability of planting here was the limited soil volume. In response the agent said they could put in a retaining wall, rather than grade the bank down, which would increase the overall soil volume. It is not clear from the plans submitted that this suggestion has been adopted. I am also concerned that a

new foul and surface water drain is to be routed through this area and this may present a conflict between the drainage and the proposed landscaping. It is also not clear how the area under the existing building in the southern corner of the site will be treated, as this is not covered in the outline landscaping plan. Because of the importance of the landscaping here and the issues which remain outstanding I recommend that this is addressed through conditions."

5.4 Further comments were received from DEFA Forestry following the submission of details for this application. The Arboricultural Officer recommended conditions to be attached to any approval (03.10.19).

- 6.0 ASSESSMENT

6.1 The main consideration here is whether the demolition of the existing buildings on the site would be detrimental to the overall character and appearance of the street scene and wider Woodbourne Road Conservation Area. The following test is included in the policy section of this report but is reiterated below:

"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."

6.2 The Outbuildings (Buildings 2-7)

• 6.2.1 The ancillary buildings on the site including the offices, stores and former clinic are of varying styles and designs and likely differing dates of construction. None of the smaller buildings are of notable architectural merit or character and the case officer's site visit made clear that that statement from the applicant's agent regarding these buildings (2.3) is generally accurate. The ancillary buildings do not contribute towards the special character of the Woodbourne Road area, characterised by large Victorian villas and ornate designs.
• 6.2.2 It is considered that the loss of these buildings would have no unacceptable impact on the character and appearance of Woodbourne Road Conservation Area and their demolition may be regarded as an enhancement, in accordance with Environment Policies 35 and 39.
• 6.3 Homefield (Building 1)

• 6.3.1 Of greater significance is the main Homefield building on the site, the 2.5 storey Italianate villa from the Victorian period. This building is similar in form and style to many of those found along this section of Woodbourne Road, and occupies a key corner site with large acreage relative to the location. The applicants agent notes, with regard to this building:

"The existing house has several unattractive extensions and is in poor condition; the location, internal layout, size and existing ceiling heights etc. would not allow it to be adapted or incorporated within the proposed scheme."

• 6.3.2 It is evident on site that the building has seen better days, however that it is structurally capable of being renovated and does fit well with the overall architectural style of

• the area. The issue is whether the renovation of the building is considered essential to the character of the street scene and wider Woodbourne Road Conservation Area, or if its demolition is adequately justified.
• 6.3.3 The building has been altered in the past but is not unattractive, and as stated fits well in its location. It is not considered that its loss would have a detrimental impact on the character of the wider area as such, provided that any replacement development would either preserve or enhance the character of the area.
• 6.3.4 No details have been provided in terms of estimates for the cost of refurbishments of the building, and it is not clear that any such efforts have been made. The remaining consideration therefore is to the merits of the alternative proposal for the site. The proposal is outlined fully in concurrent planning application 19/00959/B and is for a 73 bedroom elderly persons care home. The care home would have a much larger footprint, and be marginally taller than the existing building but would retain some design features seen on Homefield, particularly on the Woodbourne Road side. The use of traditionally inspired Italianate design throughout ensures that the replacement building would preserve the character and appearance of the area. The use of the building proposed is regarded as sufficiently important to the wider town so as to outweigh less significant concerns over the loss of a traditional building such as this.
• 6.3.5 On balance, due to the prevalence of similar buildings in better condition than Homefield on Woodbourne Road, and the proposed alternative use of the site, the demolition of the original Homefield building is considered acceptable and in accordance with aforementioned policies.

6.4 No comments were received on this Registered Building application in relation to the protection of bats. However, comments on the associated planning application (19/00959/B) were recieved from both Manx National Heritage and DEFA Ecology. The comments relate to the demolition of existing buildings and are therefore taken into account in both applications.

- 7.0 CONCLUSION

7.1 The proposal accords on balance 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 therefore recommended for approval. - 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:

• o The applicant, or if there is one, the applicant's agent;
• o The owner and the occupier of any land that is the subject of the application;
• o Manx National Heritage, and
• o 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: 11.11.2019

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

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.

Planning Committee Decision 11.11.2019

Application No. :	19/00960/CON
Applicant :	Homefield Care Limited
Proposal :	Registered Building consent for the demolition elements relating the application 19/00959/B
Site Address :	Homefield 88 Woodbourne Road Douglas Isle Of Man IM2 3AS IM2 3AS
Planning Officer :	Mr Nick Salt
Presenting Officer	Mr Chris Balmer

Application No. : 19/00960/CON Applicant : Homefield Care Limited Proposal : Registered Building consent for the demolition elements relating

the application 19/00959/B Site Address : Homefield 88 Woodbourne Road Douglas Isle Of Man IM2 3AS IM2 3AS Planning Officer : Mr Nick Salt Presenting Officer Mr Chris Balmer Addendum to the Officer’s Report The Planning Committee approved the application subject to the additional Condition:

C5 No development shall commence until a full and comprehensive photographic survey of the main Homefield building (former dwelling); has been submitted to and agreed in writing by the Department. The photographic survey should be undertaken as outline on the Department website which lists the relevant criteria of what and how a photographic survey should be undertaken. Please see "Is My Building Registered" section of the web site.

Reason: In order to retain a record of the site in the interests of local history.

Conditions of Approval

• 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. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the demolition, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the demolition works due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests of maintaining the amenities of the area and to ensure the visual impact of the development is mitigated in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• C 3. Prior to the commencement of the approved demolition works protective fencing will be installed in accordance with the approved Tree Protection Plan (TPP, drawing TPA-4919) and Arboricultural Method Statement (AMS). Removal of existing hard surfacing within the areas hatched green on the TPP shall be done in accordance with the recommendations contained in section 3 of the AMS.

Reason: To ensure that the agreed tree protection measures are implemented during the demolition works.

• C 4. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.

Reason: To provide adequate safeguards for the bats in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016

• C 5. No development shall commence until a full and comprehensive photographic survey of the main Homefield building (former dwelling); has been submitted to and agreed in writing by the Department. The photographic survey should be undertaken as outline on the Department website which lists the relevant criteria of what and how a photographic survey should be undertaken. Please see "Is My Building Registered" section of the web site. Reason: In order to retain a record of the site in the interests of local history.

Plans/Drawings/Information

This decision relates to the following plans and drawings, date stamped received on 4th September 2019:

• o A161 LS-01 - Site Plan
• o Photographs of site buildings
• o 1799 01 P-101 - Existing Site Plan

The 'Demolition of Existing Building Statement' received on 19th September 2019 and the 'Tree Protection Plan, Arboricultural Method Statement and Site Monitoring Schedule' date stamped as received 27th September 2019.