6 November 2017 · Delegated
Vine Villa, 8, Derby Square, Douglas, Isle Of Man, IM1 3ls
This application sought to vary a condition attached to an earlier planning permission (PA13/91226/B) at Vine Villa, 8 Derby Square, Douglas, Isle of Man. The purpose was to extend the approval period by a further four years, allowing more time to carry out the demolition of existing buildings and the construction of four duplex apartments, each with a double garage. The application was made as a registered building (conservation) consent and was linked to a related full planning application submitted at the same time. The case officer recommended approval, and the application was determined under delegated authority. The decision to approve was issued on 6 November 2017, with two conditions attached. The site has a planning history going back to 2002, with the most directly relevant earlier consent dating from 2013.
The application was approved on 6 November 2017 under delegated authority. It sought to extend by four years the time limit on an earlier permission for demolishing existing buildings and constructing four duplex apartments with double garages at Vine Villa, Douglas.
Douglas urban area
The Douglas urban area will remain the main employment and services centre for the Island.
Conservation Areas
Environment Policy 35: 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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Special Planning Considerations
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
Demolition
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
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
No works shall commence until a contract for the subsequent redevelopment of the site, as approved by Planning Approval 17/01031/GB (originally 13/91226/B) and details of phasing and timing of works has been submitted to and agreed in writing by the Department. All works shall then be carried out in accordance with the approved details.
Demolition of existing buildings and construction of four duplex apartments each with double garages (in association with 13/01227/CON)
Registered Building Consent for demolition of the existing buildings, as they are situated within a Conservation Area
approval in principle refused at appeal to demolish the existing dwelling and the construction of four terraced town houses
application refused at review for the demolition of the existing buildings (except no 10) and redevelopment of site to create 50 apartments