15 November 2017 · Committee
Bay View Hotel, Primrose Terrace, Port St. Mary, Isle Of Man, IM9 5ap
This application sought permission to demolish the Bay View Hotel on Primrose Terrace, Port St. Mary, and replace it with three apartments with on-site parking and garages. The existing building is a three-storey property on the corner of Bay View Road, taller than the terrace to the north. The application was refused by the committee on 15 November 2017, despite the case officer recommending approval. Two reasons were given: the design of the proposed building — particularly its height, balconies, and window arrangement — was considered unsuitable for the streetscene; and the existing building was seen as a positive contributor to the character of the village within a proposed Conservation Area, with no evidence provided that it could not be renovated rather than demolished. Highway safety was also noted as a key issue in the officer's report.
The Department of Environment, Food and Agriculture refused the application. The proposed new building was considered out of keeping with the streetscene due to its height, balconies, and window design. The committee also found that the existing building makes a positive contribution to the character of the village and sits within a proposed Conservation Area, and that it had not been shown the building could not instead be renovated while retaining its principal walls.
Refusal Reasons
Conservation of the Historic Environment
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. ADVERTISEMENT CONTROL All external advertisements affect not only the appearance of the building upon which they are displayed, but also the neighbourhood where the building is located. This will apply particularly to illuminated signage which is often formed from shiny, nontraditional materials and can result in an unsuitable and harsh appearance which detracts from the character of the building and a conservation area as a whole. The aesthetic quality of a building can be markedly affected by the installation of inappropriate external signage. Where matters such as Corporate Image are a consideration; for a conservation area the Department may require a deviation from what might be acceptable in other high street locations and many large corporate bodies do have alternative designs of signage which might be suitable for use in conservation areas. In many cases it will be necessary for signage to adopt traditional design and materials, in keeping with the character of the building and neighbourhood as a whole. Externally illuminated signage with the appropriate detailing and colour rendered lamps, may be judged suitable. ABSENCE OF PERMITTED DEVELOPMENT Permitted Development Orders which apply elsewhere and enable minor development to be carried out in particular circumstances, may apply in designated Conservation Areas, but to a more limited extent. Most proposed development and any proposed demolition will require to have first been granted planning approval before any works may be progressed. If in any doubt, property owners are advised to consult the Department direct, rather than to rely upon the advice of a third party. FINANCIAL ASSISTANCE Work which might be considered as preserving the architectural or historic interest of an individual building, or which might be judged as enhancing the special character of a Conservation Area, historic townscape or the Island's rural landscape, may qualify for financial assistance under one of the schemes which the Department operates. Each case will be judged upon its own particular merits. DEMOLITION Under Section 19 of the Act, conservation area designation introduces control over the demolition of most buildings within conservation areas. Those buildings which are exempted from such control are listed in the said Section 19, but may be summarised as follows:- (a) registered buildings; (b) a building for the time being the subj ect of a preservation order under section 11 of the Manx Museum and National Trust Act 1959, (c) a building for the time being included in the list of monuments prepared under section 13 of that Act; or (d) any buildings, a description of which is specified in a direction issued by the Department under Section 19 subsection (2) of the Town and Country Planning Act 1999, which are by virtue of such direction, are excluded for the time being from an order designating a conservation area. IMPACT ON THE HISTORIC ENVIRONMENT OF TRANSPORT AND TRAFFIC MANAGEMENT IMPACT OF PROPOSALS TO BE MINIMISED Major new transport infrastructure development can have an especially wide-ranging impact on the historic environment, not just visually and physically, but indirectly, for example by altering patterns of movement or commerce and generating new development pressures or opportunities in historic areas. There is already in place an informal framework which allows for early dialogue between the Department of Transport, the Local Authority and the Department and it is essential that such consultation should continue to take place where any changes in such infrastructure are propose
General Policy 2
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; (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. 6.3 Development outside of areas zoned for development
Policy RB/1
5 S c o p e 6 Reasons for Conservation Policy 7 S u m m a r y o f P o l i c i e s 9 National Heritage Areas NHA/1 10 Registered Buildings 11 RB/1 Registration of Buildings - Criteria to be Applied 12 RB/2 Identification of Buildings for Registration 15 Building Preservation Notice 15 RB/3 General Criteria applie d in considering Registered Building Applications 16 R B / 4 U s e 1 6 RB/5 Alterations and Extensions 17 RB/6 Demolition 17 Control of Unauthorised Works 18 RB/7 Recording of Buildings 19 A d v i c e t o O w n e r s 1 9 Building and Fire Regulations 20 RB/8 Access for Persons with Disabilities 20 Fixtures and Curtilage Structures 21 RB/8 Registered Buildings in Government Ownership 21 RB/9 Ecclesiastical Buildings 21 Leasehold Tenure 22 F i n a n c i a l A s s i s t a n c e 2 2 Conservation Areas 23 CA/1 Identification of Special Character 24 CA/2 Special Planning Considerations 25 CA/3 Conservation Area Appraisal 25 CA/4 Proposals for Preservation and Enhancement 26 CA/5 Consultation 26 CA/6 Demolition 27 Advertisement Control 27 Absence of Permitted Development 27 F i n a n c i a l A s s i s t a n c e 2 7 Impact on Historic Environment of Transport and Traffic Management 28 Impact of proposals to be minimised 28 T M / 1 N e w T r a f f i c R o u t e s 2 9 TM/2 Work to Bridges 29 TM/3 Re-use of Existing Structures 29 TM/4 Roads in Towns or Villages 30 TM/5 Vehicle Restriction and Traffic Calming 30 T M / 6 F l o o r s c a p e 3 1 TM/7 Financial Provision 31 TM/8 Reinstatement of Disturbed Surfaces 31 TM/9 Street Furniture 32 TM/10 Road Signs and Markings 32 TM/11 Street Lighting 32 USEFUL REFERENCES AND FURTHER READING 33 Foreword Whatever our role in Island life, be it at work, at home or in our leisure pursuits, the quality of our historic environment touches us all, often to a degree which is not immediately evident. The distinctive and unique character of our townscapes and rural landscape possesses an almost intangible quality that is the result of thousands of years of natural formation and development, as modified by man's inhabitation of the land. We are, after all, only trustees of this very special Island, for the duration of our time here and, accordingly, it is of vital importance that we acknowledge, protect and preserve what is the best of the past, whilst encouraging positive steps to secure the quality of our environment for present and future generations. It is with considerable pleasure that the Department now publishes the Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man. Whilst this may not be a very "snappy" title, the document marks a major step in the development of a key strategy. It has been subject to, and has benefitted from, extensive consultation and now embodies a framework of policies and guidance designed to assist and inform all who have dealings with the fabric making up our unique and historic environment. Hon W.A. Gilbey MHK Minister for the Department of Local Government and the Environment Introduction In 1987, the Isle of Man became a signatory to the Council of Europe Convention for the Protection of the Architectural Heritage of Europe, thus reflecting the commitment which the Island has to its unique built heritage. It is fundamental to the Government's responsibilities for environmental stewardship that there should be effective protection for all aspects of the historic environment. The physical survivals of our past are to be valued and protected for their own sake, as a central part of our cultural heritage and our sense of national identity. Together, they give us a tangible link with our history and an irreplaceable record which contributes, through formal education and in many other ways, to our understanding of both the present and the past. Their presence adds to the quality of our lives, by enhancing the familiar and cherished local scene and sustaining the sense of our Island's distinctiveness which is so important an aspect of the character and appearance of our towns, villages and countryside. It is being increasingly recognised that the historic environment is also of immense importance for tourism, leisure, recreation and commerce generally. The richness and variety of our architectural heritage underpins and is a vital ingredient of the unique and special character which the Island retains. It is important that Conservation should not be regarded as a negative process - it goes beyond the ability to prevent the destruction of our built heritage, although that is crucial; Conservation involves actively caring for our buildings, maintaining them in good physical condition and enabling them to be readily accessible for study, enjoyment, recreation, tourism and nowadays, the Island's devel