Registered Building Consent for removal of a mast (retrospective)

Registered buildings: supplementary provisions

Designation of conservation areas

he proposed level of development on the highway system. Essentially, the evidence demonstrated that the highway network could cope with the expected traffic growth up to 2026. The Strategic Links18 between the communities on the Island (the Centres referred to in the Spatial Strategy) are below. Strategic Link Roads in the East Highway Route A1 Douglas to Peel A2 Douglas to Laxey A2 Laxey to Ramsey A5 Douglas to Ballasalla A18 Douglas to Ramsey 17 Chapter 11, Isle of Man Strategic Plan 2016 18 Chapter 11, Isle of Man Strategic Plan 2016 Douglas, as the Main Centre, sits at the top of the hierarchy of service provision and is home to most of the Island's principal businesses and shops. More 'strategic links' converge on Douglas than anywhere else on the Island. The public transport network consists of buses and seasonal rail services. Lord Street currently serves as the main bus transfer hub although during the lifetime of the plan the creation of a bus station may need to be addressed. There is a short section of cycle route on Peel Road which is a strategic route i n from the South and West. Further opportunities are still under investigation and are likely to develop further alongside other measures as part of the delivery of the Active Travel Action Plan 19. The intention is to provide better and safer cycling and walking routes into and out of Douglas, better links between vehicular routes and off road routes with an overall policy goal of increasing the number of people travelling actively. The Area Plan fully supports the integration of the Active Travel Strategy into the sustainable development framework for the East. Particular Issues in the East Traffic Congestion and Road Junctions The Isle of Man Strategic Plan 2016 concluded that following junctions experience regular traffic congestion: • Quarterbridge Junction • Mountain Road/Governor's Road Junction • Glencrutchery Road/Victoria Road Junction The implications of adding the new housing units needed in the East to the road network during the plan period are set out in the Strategic Plan (see below): i. the Strategic Links are, and should, continue to operate within their 3,060 vehicles per hour capacity for the duration of the Isle of Man Strategic Plan (up to 2026); ii. the Quarterbridge and Governors Hill junctions will continue to operate at greater than 85% capacity and the increased traffic flows predicted in all the assessments will increase congestion at these locations; and iii. traffic flows at the Parliament Square junction in Ramsey, Ballacraine junction, and Main Road junction at Onchan are all set to incr ease by 2026 which will increase congestion at these locations. Outside of the East Plan area, sensitivity tests were undertaken in the Strategic Plan based on the planned level of development from 2011 to 2026. These concluded that: i. on the Ballacraine to Ramsey Strategic Link, there was no requirement to undertake further traffic congestion investigation work in rural village locations such as Kirk Michael; and ii. on the Castletown to Ballasalla and Ballasalla to Douglas links there would be the requirement for traffic congestion investigation work in Ballasalla in 2026. 19 GD 0043/18 Active Travel Strategy 2018 - 2021 From the outset of the preparation of this Plan, it has been acknowledged that the Onchan Main Road traffic signals would require further assessment. This would ensure that the junctions woul d not be subject to a high level of congestion as a resu lt of additional development. This was just one reason for carrying out detailed scenario testing work looking at different ways of spreading development across the settlements in the East. Network Capacity Issues - Roads and Utilities During the early stages of the Plan, work was undertaken to help understand both the infrastructure and environmental implications of different growth distribution patterns within the East. The servicing of Baldrine and Laxey for sewer and mains water supply were identified as matters of concern and limitation in capacity. This arises both from advice from the servicing Authority, Manx Utilities, and consideration of the public consultation respo nses. Levels of development in those two locations in terms of how they may or may not be able to be serviced and the timeframes involved were visited and re-visited throughout the plan stages and the Public Inquiry. In terms of i dentifying and addressing network capacity, new development requires water and sewer services, electricity, telecommunications and legal access connection to the road network. These are reasonable expectations of modern society and ensure a basis of healthy and connected communities for all. All sites identified can in principle be adequately serviced. Some sites will have to address specific issues set out in Development Briefs. Judgements will always be made at the planning application stage as to what

Control of Demolition in Conservation Areas

Strategic Policy 4

Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.

Environment Policy 35

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.

Environment Policy 39

Environment Policy 39: The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. 7.33 Archaeology 7.33.1 Archaeological remains provide irreplaceable evidence of human activity. The Isle of Man's archaeological heritage is the result of human activity over many thousands of years. It is a finite and non-renewable resource and is, in many cases, highly fragile and vulnerable. An understanding and management of the Island's archaeological heritage is essential to ensure it survives in good condition and is not needlessly or thoughtlessly destroyed. It contains irreplaceable information about the history of the Island and is part of our national heritage. Archaeological remains are valuable for their own sake and for their role in education and tourism. As a signatory to the Valetta Convention (The European Convention for the Protection of the Archaeological Heritage 1992) the Isle of Man has international obligations in the iden tification, recording, protection, conservation and management of its archaeological heritage.

General criteria applied in considering registered building applications

POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:- • The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context; • The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register; • The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).

Demolition

POLICY RB/6 DEMOLITION There will be a general presumption against demolition and consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of an historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:- In judging the effect of any proposed alteration or extension to a Registered Building, it is essential to have assessed the elements that make up the special interest of the building in question. They may comprise not only obvious features such as a decorative facade, or an internal staircase or plaster ceiling, but may include the spaces and layout of the building and the archaeological or technological interest of the surviving structure and surfaces. These elements can be just as important in the simple vernacular and functional buildings, as in grander status buildings. Cumulative changes reflecting the history of use and ownership can themselves present an aspect of the special interest of some buildings, and the merit of some new alterations or additions, especially where they are generated within a secure and committed long-term ownership, are not discounted. The destruction of historic buildings is in fact very seldom necessary for reasons of good planning: more often it is the result of neglect, or failure to make imaginative efforts to find new uses or incorporate them into new developments. • The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces, that in an age of rapid change, may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair; • The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building's condition. • The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them. CONTROL OF UNAUTHORISED WORKS Section 15 of the Act provides that 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, unless they are authorised under the Act and the Department has granted written consent for the execution of the works ("registered building consent") N.B. It should be noted that Section 15 of the Act does not apply to works for demolition, alteration or extension of :- i) any building which is for the time be ing the subject of a preservation order under section 11 of the Manx Museum and National Trust Act 1959, or ii) a building for the time being included in the list of monuments prepared under section 13 of the said Act.

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