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Application No.: 16/00654/CON Applicant: The Estate Of Mr Leslie Smith Proposal: Application for the de-registration of Woodlands (05/00190/REGBLD) in accordance with 7(1)(a) of the (Registered Buildings) Regulations 2013 Site Address: Woodlands Alexander Drive Douglas Isle Of Man IM2 3QU Case Officer : Mr S Moore Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 20.12.2017 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The Applicant has failed to demonstrate sufficient justification to warrant removal of the property 'Woodlands' from the Protected Buildings Register. Note By the serving of this decision notice the property 'Woodlands' is hereby retained on the Protected Buildings Register and as such, under Section 15 of the Town and Country Planning Act 1999, - (1) No works may be executed - (a) for the demolition of a registered building, or - (b) for its alteration or extension in any way which would affect its character as a building of special architectural or historic interest without grant of formal registered building consent. _______________________________________________________________
In accordance with '9(3) Determination of application' of the Town and Country Planning (Registered Buildings) Regulations 2013, which states: When it determines the application the Department must decide which persons (if any) who have made written submissions with respect to the application (whether pursuant to a notice under regulation 8 or otherwise), other than those referred to in paragraph (4), 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.
(4) The persons are —
In addition to the above, it is considered that the Isle of Man Natural History and Antiquarian Society have 'sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application' and should be afforded Party Status. _____________________________________________________________________________
1.1 This paper details the current situation with regard to the registration of Woodlands, Alexander Drive, Douglas and invites the Department of Environment, Food and Agriculture ("the Department") to consider the application to remove the building from the Protected Buildings Register and having done so, to refuse the application for the reasons set out within this report.
2 Background
2.1 Registration identifies and protects a building which has been deemed historically and/or architecturally important. In doing so, registration protects those parts of a building's character from unsympathetic change or in the worst case, demolition. In practice, this means that Registered Building Consent is required for any alteration in a way which would affect its special architectural or historic character, whether inside or outside the building. It may well be however, that a building or site can sustain a degree of sensitive change, especially if this will lead to an extended lease of life and particularly where there will also be wider benefits in terms of urban regeneration or the economic viability of rural areas through suitable and appropriate alteration or re-use. Indeed, many old buildings already bear the clear imprint of changes made by later generations and they are often more attractive on that account. What is essential is that any changes made are of a quality which future generations will respect and admire.
2.2 Woodlands was entered onto the Protected Buildings Register on the 31st October 2001 'by reason of its architectural and historic interest'. - 2.3 The property changed hands in the early 2000s. The current owner made an application (11/00986/B) for the erection of a detached garage and creation of additional vehicular access, which was approved 18th October 2011. The building has subsequently been erected.
3 The Statutory Provision for Registration The Town and Country Planning Act 1999 ("the Act")
3.1 Section 14 (The Protected Buildings Register) of the Act states: "(1) The Protected Buildings Register, a register of buildings of special architectural or historic interest, previously maintained by the Department of Infrastructure, is to be maintained, after the coming into operation of the Transfer of Planning and Building Control Functions Order 2015, by the Department.
4.1 The Policy test for inclusion of a building onto the Protected Buildings Register ("the Register") is defined in Planning Policy Statement 1/01 titled, "Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man".
4.2 The Policy test(s) is as follows:
5.1 The Department received an application (appendix b) for the De-Registration of a Building date stamped 06th June 2016.
5.2 The reasons for making the application to de-register the building were listed as follows:
5.3 The Department received an email comment on the 25th July 2016 (appendix c) from the Isle of Man Victorian Society who comment as follows;
"We have noted the concerns of the appellant and fully appreciate his frustration. The Isle of Man Victorian Society has a particular interest if the best of Victorian and
Edwardian Architecture, Art and Crafts on the Isle of Man."
5.4 On 28th July 2016, the Department received correspondence from the Isle of Man Natural History & Antiquarian Society. The basis of the correspondence (appendix d) is to show some empathy with the property owner in respect of the lack of 'the lack of a proper Conservation section within the Planning Division' however, the Society goes on to say that 'As the issues raised in the application do not appear to relate to matters of an architectural nature of changes thereto the Society is not able to support this application'. - 5.5 Douglas Borough Council wrote to the Department on the 18th July 2016 (appendix e) objecting to the application 'on the grounds that the proposals are not in compliance with Environment Policy 31 of the Isle of Man Strategic Plan. Further, the reasons for the deregistration are unclear, and insufficient information appears to have been provide (sic) to justify de-registering a Registered Building'. - 5.6 For assistance, Environment Policy 31 within The Strategic Plan 2016 states: 'There will be a presumption against the removal of any Registered Building from the Register'.
5.7 Manx National Heritage has provided a comment on the application dated 5th June 2017 (appendix f). The basis of their case is to counter the applicant's reasons for deregistration and to confirm that 'MNH strongly supports both the original decision to register this property, and the intent of Environment Policy 31'.
6 Assessment
6.1 In considering an application to remove a building from the Protected Buildings Register i.e. to de-register, the appellant should make a case for the removal of the building. In practice, this means that an appellant counters the reasons for the building's inclusion stating that the original case may be flawed or incorrect and that the building is not therefore worthy of inclusion. - 6.2 In this case, the appellant has not provided any such counter case focussing instead upon a number of contentions that include the Island withdrawing from the 1987 Convention for the Protection of the Architectural Heritage of Europe without informing the appellant which is not correct, and upon perceived issues with the Department's approach to the Island's built heritage which are the applicant's opinions. Similarly, the appellant's assertion of a 'lack of enthusiasm - clueless advice from present set up i.e. Baillie Scott desecration', that 'Listed historic buildings deteriorate if not kept in good repair. Now solely reliant on the good will of the owners yet large landowners are handsomely rewarded for upkeep of their holdings' and that the 'Whole building and architectural heritage conservation is a sham with no contribution from the I.o.M. Government' are also the appellant's personal points of view, but not reasons to remove the property from the Protected Buildings Register.
7.0 Conclusion - 7.1 In the absence of a supportable case for de-registration, there is little option but to recommend refusal of this application. The case for the building's original inclusion on the Protected Buildings Register has not been called into question and is therefore still considered to be of architectural and historic interest. As a result, the case for removal from the building should be dismissed.
7.2 The appellant has the right to appeal the decision in writing to the Department within 21 days of the date of the notice and must include the reasons for making the appeal.
8 Resource Implications
8.1 There are no immediate staffing resource implications for the Conservation Section associated with this aspect of the registration of this property. If the applicant exercises their right to an Appeal, then the Conservation Officer will need to prepare the case for and most likely, attend the Appeal.
9 Recommendation
9.1 As the application proposes no legitimate reason why the building should be removed from the Protected Buildings Register, it is recommended that the application to remove the building from the Protected Buildings Register i.e. to de-register Woodlands is refused.
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Signed : J CHANCE Jennifer Chance
Director of Planning and Building Control
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