ENV38

Policy: ENV38 - Environment Policy 38

Environment Policy 38: Advertisements close to Conservation Areas must respect and preserve the character and appearance of the area to ensure that views into and out of such areas are protected.

7.32 Demolition in Conservation Areas

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. Buildings which are subject to other controls, are summarised below:

1. Registered buildings;
2. a building for the time being the subject of a preservation order under Section 11 of the Manx Museum and National Trust Act 1959;
3. a building for the time being included in the list of monuments prepared under Section 13 of the Manx Museum and National Trust Act;
4. any buildings, a description of which is specified in a direction issued by the Department under Section 19 sub-section (2) of the Town and Country Planning Act 1999, which are by virtue of such direction, excluded for the time being from an order designating a Conservation Area; or
5. buildings which are known to be the place of shelter for protected species or be used for nesting by a protected bird (Wildlife Act 1990).

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:

• the condition of the building;
• 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);
• the adequacy of efforts made to retain the building in use;
• the merits of alternative proposals for the site.