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Application No.: 16/00019/B Applicant: Raj Chatha Proposal: Erection of a dwelling (amendments to PA 15/00975/B) Site Address: Ballaughton Manor Saddle Road Douglas Isle of Man IM2 1HG Case Officer : Miss Jennifer Chance Expected Decision Level: Planning Committee
THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING AND BUILDING CONTROL
1.0 SITE - 1.1 Ballaughton Manor occupies a site of 7.76 acres in Douglas. The site is surrounded on all its boundaries by other residential development. To the north-west is Harcroft Road, north is Ballaughton Lane, to the south-east is Ballaughton Close and to the south is Ballaughton Meadows. With the exception of Ballaughton Meadows, all the properties that border the application site have relatively small back gardens of between 6m and 9m in depth. - 1.2 The applicant also owns two other properties that border the site, Orchard Lodge and Chestnut Lodge. - 1.3 The existing house is a Georgian Villa with a symmetrical 5 window over 4 window principal elevation with the end elevation having a rounded bay section and canopied veranda. On the ground floor there are 4 reception rooms (dining room, drawing room, quiet room and billiard room), with a kitchen, utility room, scullery and store. On the lower ground floor are a number of store rooms (coal and wine), and on the first floor there are four bedrooms, 3 of which are on the front elevation, with a study, store room, two bathrooms and some w.c's. Of particular architectural interest is the entrance hall, formal dining room, drawing room and arguably the stairs.
2.0 THE PROPOSAL - 2.1 Planning approval was granted last year for the demolition of much of the house except for the front elevation and principal rooms to the front of the dwelling, and the erection of significant extensions to provide for a new manor house. This application seeks approval for the demolition of the entire dwelling and the erection of a new house. The reason for the new application is that asbestos has been found both internally and externally on the property. The agents have indicated that whilst finding asbestos was to be expected, the discovery of asbestos fibres in the external fabric of the building was not, it is that and finding some in the fascia boarding that is of greatest concern to them. A full asbestos report has been submitted with the application.
The previous application also sought, and received approval for associated garaging, ancillary accommodation and gatehouse and landscaping. These are to remain as per that approval and permission is not sought again for these.
The proposed scheme is almost identical to that approved. The differences are:
The new house would be primarily square in form, made up of 4 symmetrical elevations (except for a swimming pool and gym above) in the same period style as the existing dwelling.
That application was considered in the light of the property having previously been considered in terms of its potential for registration, and the Department having served a Building Preservation Notice in 2013, but not, at the end of the four month consideration period registering the building despite initial research indicating that from a historic and architectural view the building merited registration. As the situation now stands, the building could be demolished without any form of planning approval.
The report on the previous application set out the history of the building. The research of the building highlighted the following:
3.4 Ballaughton Manor was first identified in February 1976 in the Interim Report on the 'Listing and Preservation of Buildings of Special Architectural and Historic Interest' produced by the then Local Government Board. Ballaughton Manor was also referred to in John Kitto's 1990 book entitled "Historic Homes of the Isle of Man". - 3.5 Ballaughton Manor/House was constructed somewhere between 1826 and 1829 having been designed by Vignolless for Thomas Wulff, following the sale in 1808 of the estate to a Mungo Murray (ibid) an individual from a long established Douglas mercantile family. In 1813, Mungo Murray sold a portion of the estate to the Duke of Atholl. The Duke in-turn sold this holding in 1824. - 3.6 The 18th century was a pivotal point both in terms of both the island's building development but also for the Island as a whole. The major factor influencing this change followed the Act of Settlement in 1704 that permitted for the first time, the inheritance of estates to take place. Consequently, there was now an incentive for farmers and the wealthy classes to improve their housing and field boundaries which had previously been of little concern due to the unsure nature of their tenures. As a result, larger and more substantial houses began to be constructed. - 3.7 Ballaughton was never a farmer's cottage that grew to reflect the emerging wealth of it owners, though it is not doubted that a house of considerable size and importance existed here previously as noted in John Fannin's map of 1789. - 3.8 Ballaughton's neo-Classical influences are commensurate with both the period and the building style of the late 1700's and early 1800's. The front elevation displays a low pitched truncated roof with the classical pediment above the main entrance porch complete with classical columns, whilst the end elevation, leading off from the principal sitting room of the house contains a rounded bay section and canopied veranda. These two features in themselves are Regency in style (1811-1837) and from the dates available are clearly original features. - 3.9 Ballaughton has to be measured against other notable Villas from this period. Foremost of these is Lorne House, the epitome of the Georgian Villa, and attributed to the architect Thomas Brine, a man responsible for many of the island's Registered Buildings we have today. It is this building which shares many architectural features with Ballaughton. However, soon after its construction, the canopied veranda was extended and mirrors that of the Villa Marina on Douglas
promenade completed a short time before. Another building of particular note that reflects the appeal of the 'Villa' is that of Kirby House, Braddan.
4.1 The site is designated in the Douglas Plan 1998 as a Private Estate, in an Area of Open Space/Woodland. The un-adopted Written Statement provides no further advice as to how to treat applications with such a designation. - 4.2 Circular 8/89 Low Density Housing in Parkland does offer advice. It sets out that: 'Areas of existing low density housing in parkland (marked "PE" - Private Estates - on the Development Plan) are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly within the built areas of the Island's Towns and Villages, and (b) those which are not. In the case of (a), Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in
(4) below may be permitted'.
4.3 The criteria in (4) states that 'proposed buildings must be substantial, and designed and finished to the highest quality; and each dwelling must be sited, in at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees'. - 4.4 The Policy further suggests that applications for the development of such areas must include an accurate and complete survey showing existing ground levels and the position and branchspread of all trees. The relevant Strategic Plan Policies are: - 4.5 Strategic Policy 5, which seeks that new development, including individual buildings, be designed to make a positive contribution to the environment of the Island. - 4.6 General Policy 2 which provides for a presumption in favour of development provided that development; respects its site and surroundings in terms of layout, scale, form, design and landscaping; does not adversely impact on wildlife; does not adversely impact on the amenity of residents or the character of the locality; does not have an unacceptable impact on road safety; is designed having due regard to best practice in reducing energy consumption. - 4.7 Environment Policy 3 seeks to ensure there is no unacceptable loss or damage to woodland areas. - 4.8 Environment Policy 22 seeks to ensure the amenities of nearby properties are protected from vibration, odour, noise or light pollution. - 4.9 Environment Policy 34 advocates the use of traditional materials in the maintenance, alteration or extension of pre-1920s buildings.
5.1 Douglas Borough Council raise no objection to the application. They set out in their letter that in doing so, they express the view that any approval should not set a precedent for demolition of any registered buildings or a building in a conservation area simply on the grounds of the presence of asbestos. The Committee acknowledged the concerns that have been expressed regarding the demolition of the existing building, but noted that it was not Registered or in a Conservation Area.
They note that the property was quite recently considered for registration, but that the protective measure was not carried out. MNH were content that the previous scheme proposed retention of the major part of the original house together with a suitable scheme of recording. They are concerned that the present scheme proposes the total demolition of the existing structure on the grounds of asbestos. They concur with the comments of the Georgian Society that this would not constitute a sufficient reason for demolition in a similar context in a neighbouring jurisdiction. They feel that a constraint such as this does not materially affect the historical significance of the building.
MNH suggest that there are other approaches to dealing with the asbestos that might be worth further investigation. Firstly they suggest that this is a system paint and its safe removal must have been considered in other instances, advisory literature and method statements must surely exist within the building conservation profession; secondly there may be an alternative solution to encapsulate the painted surface; thirdly the removal of the render and re-rendering in appropriate traditional materials would substantially reduce the amount of asbestos that would be released compared with the scraping/power-washing solutions already considered, which would then be managed to the necessary standards and without creating the large volumes of slurry that were a concern in the report.
MNH urge that further advice is sought before a precipitate and irreversible decision to destroy this building is taken. (5/2/16)
5.4 Isle of Man Natural History and Antiquarian Society (IOMNHAS): The IOMNHAS strongly objects to this application. They feel it will result in the unnecessary loss of a building of historic and architectural importance and its replacement by a pastiche 'manor'; moreover if approved they feel it will set a huge precedent for the possible loss of many other older properties which contribute so much to the Island's character and heritage. The IOMNHAS fully supported the proposed registration of the building when it was mooted by the Department of Infrastructure and set out that they note some considerable amount of time and expense seems to have been spent on that research. The Society's support was both in terms of the architectural and historic importance of the building. The IOMNHAS regrettably did not manage to get comments submitted in time for the previous application, however they note that the current application seeks to remove all trace of the Manor whose contribution to the island was recognised by the Planning Committee only 4 months ago - the IOMNHAS highlight a section of the report in respect of the previous application that the building is indisputably one of interest.
The IOMNHAS make reference to the HSE 'A Comprehensive Guide to Managing Asbestos' that indicates most domestic properties older than 15 years will contain asbestos in some form. They set out that lagging, insulation, paintwork and fibre cement boards are not recognised as being automatically such a serious problem such that demolition is required and that management solutions such as utilising sealant and repainting are recognised solutions. Disturbing paintwork is more hazardous. (28/1/16)
5.5 The Isle of Man Victorian Society (IOMVC): Whilst the IOMVC has a principal interest in buildings 1830-1914 it does look at buildings both before and after those dates in the absence of amenity societies on the Island devoted to the Georgian and Twentieth Century Periods.
The IOMVC state that it was unfortunate that the Building Preservation Notice was not opened up to the public by moving it on to notification and advertising of intent to register given the rarity of this type of architecture in what would appear to be the last building extant of the design of George Buckingham. The UK Georgian Group have commented on its importance (see below) and how it would be at least Grade II Listed if it were in the UK. They note that those who are charged with the role of being guardians of our architectural heritage appear to have lacked the understanding of the importance of the building and granted approval for the demolition of all but the front wall.
The IOMVC acknowledge that planning approval cannot be taken away. They state that 'now … the question of minute particles of asbestos in the masonry paint has been flagged up and put forward as a reason why that wall should be demolished.' They state that nowhere in the report is a reference to the amount of asbestos in the paint and whether this is dangerous to health. They note that if the paint is on the other walls then the demolition would create the possibility of air borne asbestos particles being released whereas a wall being left intact would not release such particles. They note that there must be other countless properties in the same situation and that they are not aware of any public health warning about masonry paint of any manufacturer. They state that the reason given for demolishing the last vestige of Ballaughton is far from sufficient for the Planning Committee to be persuaded to approve the demolition of the wall which forms an integral part of the previous application and approval and therefore should be refused. (15/2/16)
5.6 The Georgian Group: The Georgian Group is the national (UK) charity dedicated to preserving Georgian buildings and gardens. It is a national amenity society and acts as a statutory consultee in the planning process in England and Wales. They confirm that although they have no statutory remit in the IOM they do comment on cases where the potential loss of an historic building is deemed to be so concerning as to be of national or international magnitude.
The Georgian Group advises that Ballaughton Manor should be retained and conserved for a number of reasons. It was first identified in 1976 in the Interim report on the 'Listing and Preservation of Buildings of Special Architectural and Historic Interest' produced by the then Local Government Board. Ballaughton was also referred to in John Kitto's 1990 book entitled 'Historic Homes in the Isle of Man'. The Georgian Group provide background history of the building, which was set out in the previous report. They indicate that they feel Ballaughton Manor should be placed on the Register of Historic Buildings. They feel that not progressing registration in 2013 was a serious oversight that should be remedied. They feel that the presence of asbestos is not an adequate justification for total demolition and have never seen it being accepted elsewhere. (27/1/16)
5.7 Resident of The Croft, Saddle Road: This resident raises concern that a decision will be based on the views of the owner's agents and advisors and that the Government Planning Department would benefit by getting an opinion from a trusted local expert to confirm the findings. She states that to see the destruction of one of the Island's few remaining wonderful historic buildings worthy of conservation, that should not be lost unless truly impossible to preserve, is a sorry enough happening without taking care that is founded on irrefutable evidence. (18/1/16 & 28/1/16) - 5.8 Resident of Ferndale House, Saddle Road: The residents have not commented on the merits of the application, but have asked for interested person status. (25/2/16) - 5.9 Resident of Rosemanly, New Castletown Road: The resident raises concern regarding how the field in the curtilage of the building has been used as a 'tip' for abandoned vehicles, chopped down trees and other rubbish. Previously she has received a response in relation to her concerns but recently there has been burning on the site. (8/3/16)
6.1 Proposals for development at this site have not been easy to assess. As acknowledged in the previous report, it is indisputable that the current dwelling is of interest, both architecturally and
6.8 The agents suggest that the use of natural limestone rather than render which is on the current building, would be an uplift in material finish, both in quality and expense and it would be more reflective of the grandeur of the property and the now mature and established grounds. They state that the stone will also naturally age and weather better in comparison to a rendered property and sit better within the landscape as a natural material. - 6.9 They state that the intention is to create a property and an estate that is respectful of the perceived historical significance of the property and which shall contribute significantly to the Island's heritage continuing the story of Ballaughton Manor. - 6.10 Both viewpoints are compelling and, had the building been Registered, planning officers would be seeking information on alternative means of restoration, protecting the Registered Building and containing the asbestos. However, it is not Registered and as said before, no approval is needed to demolish the building. The proposal is important in the determination here, as, in the view of officers', and while it proposed to be a Georgian style, it is not considered to be a pastiche, given the high quality material proposed, but a grand new manor in its own right.
7.1 The application be approved subject to conditions. - 8.0 PARTY STATUS.
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are interested persons:
8.2 In addition to those above, article 6(3) of the Order 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. - 8.3 In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person. Manx National Heritage The Isle of Man Victorian Society The Isle of Man Natural History and Antiquarian Society The owner/occupier of The Croft, Saddle Road The owner/occupier of Ferndale House, Saddle Road The owner/occupier of Rosemanly, New Castletown Road. - 8.4 The Georgian Group is UK based and is not, in this instance considered to have sufficient interest in the subject matter to be awarded the status of Interested Person.
Recommendation Recommended Decision: Permitted
Date of Recommendation:
05.04.2016
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
Reason: To control development in the interests of the amenities of the surrounding area.
-----------------------------------------------------------------------------------------------------------This approval relates to the information submitted with the planning application and drawings 1503
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 : Approved Committee Meeting Date: 11.04.2016
Signed : J Chance 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
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