DEC Officer Report

Application No.: 20/01276/CON Applicant: Douglas Borough Council Proposal: Registered Building Consent for removal of a mast (retrospective) Site Address: Municipal Gardens Derby Square Douglas Isle Of Man IM1 3LS Registered Buildings Officer: Mr Ross Brazier Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.02.2021 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. The proposals are considered to be in accordance with Section 16, 18 & 19 of the Town and Country Planning Act 1999; Strategic Policy 4 and meet the test of Environment Policies 35 and 39 of the Strategic Plan 2016; and policies RB/3, RB/6 and CA/6 of Planning Policy Statement 1/01 and are therefore supported. Plans/Drawings/Information; This decision relates to the information received on 05.11.20 and 01.02.21. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is Timber mast, located within the centre of Derby Square which is a Public Open Space in the centre of Derby Square. The park accommodates a number of trees, paved footpaths and various seats with the timber mast located at the centre of the square within a circular flowerbed, the mast had a weather vane on top and had four supporting metal chain

stays. The Park is enclosed with railed walls. The site is within the Douglas, Windsor Road Conservation Area.

2.0 THE PROPOSAL - 2.1 The application seek retrospective approval for the removal of the mast, which is considered demolition.

3.0 PLANNING POLICY - 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

• (3) In considering (b) whether to grant registered building consent for any works, the relevant Department

shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

• S18 Designation of conservation areas

(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

• S19 Control of Demolition in Conservation Areas

(3) A building to which this section applies may not be demolished without the consent of the Department; and accordingly sections 15 and 16 apply to such a building as they apply to a registered building, subject to such modifications as may be prescribed by regulations.

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 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;

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.

Section 7.32 Demolition in Conservation Areas

• 7.32.2 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. When considering proposals which will result in demolition of a building in a Conservation Area, attention will be paid to the part played in the architectural or historic interest of the area by the relevant building and the wider effects of demolition on the building's surroundings and on the Conservation Area as a whole. In addition, consideration will be given to:

• o the condition of the building;
• o the cost of repairing and maintaining it in relation to its importance and the issue derived from its continued use (based on consistent long term assumptions);
• o the adequacy of efforts made to retain the building in use;
• o the merits of alternative proposals for the site.

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.

3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

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:-

• o 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;
• o 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;
• o 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).

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, 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 betaken 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.

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.

• o 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;
• o 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.
• o 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.

4.0 PLANNING HISTORY - 4.1 Application 04/00567/B permitted the installation of street lighting within gardens, refurbishment of pathways and general soft landscaping with 06/01791/REM which sought approval for the details of the landscaping and the position and nature of all tarmacadam bays and benches, as conditioned by the previous planning approval.

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (27.11.2020). - 5.2. Douglas Borough Council raised no objection in their consultation response, however it is noted that they are the applicant (26.11.20).

6.0 ASSESSMENT - 6.1 The key issue to be assessed by this Registered Building Application is the impact of the demolition of the mast on the character and appearance of the Conservation Area and the condition of the said mast. - 6.2 The provenance of the mast is unclear, the applicant has stated that an Isle of Man examiner article dated March 12th 1965 stated that "that the last Secretary of the Derby Square Committee, Mrs Mary Voce, says that the Committee had it sent over from Norway and had it erected in Derby Square". It has also been suggest that the mast belonged to ship having been shipwrecked with the mast having been salvaged and erected in Derby Square,

6.3 Section 19 of the Town and Country Planning Act 1999, concerning the control of demolition in Conservation Areas, states that sections 15 and 16 apply to a building proposed to be demolished in a Conservation Area as they apply to a registered building. Section 16 of the Town and Country Planning Act 1999 requires the Department to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. - 6.4 As the building is located within a conservation area S18 of the Act must also be considered that attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act. - 6.5 Section 45 of the Town and Country Planning Act 1999, provides interpretation of the "Building" which is defined as "any structure or erection, and any part of a building, as so defined, but does not include any plant or machinery comprised in a abuilding" It is there considered that the for the purposes of the act the term building applies to the Mast. - 6.6 Policy CA/6 and RB/6 in Planning Policy Statement 1/01, and the preamble to Environment Policy 39 and the policy in the Strategic Plan, state that whilst there is a general presumption in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. Whist the Mast is for the purposes of the Act a building, consideration must be given to that fact that, the mast is an ornamental structure within the square and is not a building in the traditional scene of the word, it is not habitable and not capable of any alternative use, therefore some of the consideration outlined in the above policies in relation to the justification for demolition are problematic to apply in this context with the exception of condition. - 6.7 The applicant provided initial supporting information photos and further information (01.02.21). The applicant has acknowledged in the supporting statement that the mast had not been inspected by a suitably qualified expert because it was very clear that the base of the mast had decayed to the point where it was likely to fail imminently and was therefore deemed dangerous. The applicant goes on to state that due to imminent weather conditions, the only option to remove this danger was by the felling of the mast. Supporting photos within the information show the extent of the decay within the mast at its base. (01.02.21). - 6.8 A key issue in this matter is the extent to which the Mast makes a positive contribution to the character or appearance of the Conservation Area. Whist the application does not address this specific concern, it is considered that the mast is an ornamental feature within the formal park of the square. The overriding character of the square is the architectural form, detailing siting of the buildings around a formal enclosed green space. It is considered that the Mast, is of some significance to the history of the square having been there for a substantial amount of time, however its provenance is not fully confirmed nor understood. It is considered that the mast makes some contribution to the character and appearance of the park within the square, but outside of the park setting its contribution to the character and appearance of the Conservation Area as a whole, is limited. - 6.9 The applicant has stated that surviving elements of the Mast have been retained and that consultation will take place with the local residents to establish if it is desirable to reinstate the mast.

- 7.0 CONCLUSION

• 7.17.1 The proposals are considered to be in accordance with Section 16, 18 & 19 of the Town and Country Planning Act 1999; Strategic Policy 4 and meet the test of Environment Policies 35 and 39 of the Strategic Plan 2016; and policies RB/3, RB/6 and CA/6 of Planning Policy Statement 1/01 and is therefore supported.

- 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o Manx National Heritage, and
• o The local authority in whose district the land the subject of the application is situated.

8.2 The Decision maker must determine whether there are other persons to those listed above who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 15.02.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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