DEC Officer Report

Application No.: 21/00245/GB Applicant: Mr Paul Douglas Proposal: Demolition of existing pantry extension and the erection of a new tower and extension to create additional living accommodation (in association with 21/00246/CON) Site Address: Harold Tower Fort Anne Road Douglas Isle Of Man IM1 5BN Registered Buildings Officer: Mr Ross Brazier Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.06.2021 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Any damage to the registered building during the course of the works hereby approved shall be made good upon completion of said works. All making good works shall be submitted to and approved in writing by the Department and thereafter implemented within time period to be agreed with the Department. Reason: to ensure the satisfactory preservation of this registered building
• C 3. All new external joinery work shall match exactly the materials, finish, dimensions and profiles of the existing joinery work. Reason: To ensure the satisfactory preservation of this registered building.
• C 4. No development shall commence until a sample panel of all external facing materials to be used has been erected on site and approved in writing by the Department. The approved sample panel shall be kept on site for reference until the development is completed. The development shall not be carried out unless in accordance with the approved details.

• Reason: To ensure the satisfactory preservation of this registered building.
• C 5. All external facing and roofing materials to be used shall match those of the existing building in respect of type, size, colour, bond, pointing, coursing, jointing, profile and texture. Reason: To ensure the satisfactory preservation of this registered building.

This application has been recommended for approval for the following reason. The proposals are considered to be in accordance with the Strategic Plan policies, Policies RB/3 AND RB/5 of Planning Policy Statement 1/01 and are acceptable.

Plans/Drawings/Information; This decision relates to the following: Drawings numbered 1837/02/P.O1, 1837/02/P.02, 1873/02/EX-01/Rev A, 1837/02/EX-02/Rev A and Work schedule titles 1837.02 all received on 9th March 2021. _______________________________________________________________

Interested Person Status – Additional Persons

DoI's Flood Risk Management Team raise material considerations and should be afforded Interested Person Status.

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The Isle of Man History and Antiquarian Society as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy. _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is the Registered Building, Harold Tower Fort Anne Road Douglas Registered Building Nos. 179. - 1.2 The Site is not located within a conservation area and is designated and is not located within a flood risk for tidal and river flooding, the house is not located in an area of surface water flooring although some of the grounds are possibly identified as a low risk of surface water flooding. THE PROPOSAL

2.1 The application seeks approval for the demolition of existing pantry extension and the erection of a new tower and extension to create additional living accommodation (in association with 21/00246/CON) PLANNING POLICY - 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

• (3) In considering —

• (a) whether to grant planning approval for development which affects a registered building or its setting, or
• (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.

3.2 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

3.3 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;

Development within land-use zones 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:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;

• (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;

Environment Policy 32: Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted.

3.4 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 aplications 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 RB/5 ALTERATIONS AND EXTENSIONS

In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the 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.

Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence.

3.5 The designated land use for the site in the Area Plan for the East is mixed use.

PLANNING HISTORY

4.1 The site has been subject of a number of applications since being registered in 2000, relating to the replacement of windows and other alterations those considered of note to this case are the following;

Reference Number: 20/00467/CON Status: Refused Proposal: Registered Building consent for alterations and extension to roof to create observatory room (in association with PA 20/00466/GB) Registered Building Nos. 179

Reference Number: 20/00466/GB Status: Refused Proposal: Alterations and extension to roof to create observatory room (in association with PA 20/00467/CON)

• Reference Number: 08/00660/B Status: Permitted Proposal: Erection of a detached dwelling and garden store

• Reference Number: 08/01951/B Status: Permitted Proposal: Erection of a detached dwelling and garden store (comprising amendments to PA 08/00660B)

Reference Number: 11/01198/B Status: Permitted Proposal: Erection of a dwelling (comprising amendment to PA 08/01951/B)

• Reference Number: 09/01852/GB Status: Permitted

• Proposal: Erection of a replacement sun lounge (comprising amendments to 08/01678/GB) (In association with 09/01853/CON)

• Reference Number: 09/01853/CON

Status: Permitted

• Proposal: Erection of a replacement sun lounge (comprising amendments to 08/01679/CON) (RB no 179 in association with 09/01852GB)

• Reference Number: 08/01678/GB Status: Permitted Proposal: Construction of a swimming pool structure enclosing existing external pool and erection of a replacement sun lounge (In association with 08/01679CON)
• Reference Number: 08/01679/CON Status: Permitted Proposal: Registered Building Consent for the construction of a swimming pool structure enclosing existing external pool and erection of a replacement sun lounge (Registered Building no 179 in association with 08/01678GB)

Reference Number: 17/01108/B Status: Permitted Proposal: Widening of an existing access Reference Number: 09/00582/B Status: Permitted Proposal: Construction of a replacement firefighting pump house and pipeline Reference Number: 20/01083/B Status: Permitted Proposal: Erection of protective fencing Reference Number: 05/92362/B Status: Permitted Proposal: Erection of a conservatory to rear elevation REPRESENTATIONS

5.1 The Council is aware of problems along Fort Anne Road and Head Road with regards to bin storage for many of the properties which has led to problems caused by bins having to be left on the public highway. The above planning application currently does not clarify as to where any waste receptacles will be stored. We would kindly ask the applicant to provide some additional information regarding bin storage to ensure that the proposed work does not compound any existing problems in the area (12.4.21).

• 5.1.2 Douglas Borough Council requested additional information relating to bin storage and asked comments be reserved until such time as the information has been provided by the applicant (14.04.21).

5.2 DOI Flood Risk Management Division stated there was no Flood Risk Management interest (15.04.21) - 5.3 Highways Services stated they do not oppose the application (12.04.21). - 5.4 Isle of Man Natural History and Antiquarian Society (IMNHAS) stated that proposed extension is to the rear of the building and albeit nearer, Fort Anne / Head Road will be largely obscured from it by difference in ground levels and current existence of Registered Trees. They consider that the new build will significantly alter the fundamental layout and profile of a Registered Building which has existed since the 1830s in a manner not attempted by previous alterations. While lower than the existing highest tower the proposed tower is, in terms of its mass, significantly greater that any of the other tower elements of the building. Should any of

• the Registered Trees have to be felled at any time in the future, this mass will become all too apparent and very dominant both from close up and distant views from the harbour which is a strategic entry point into the Island. Moreover the proposed tower appears to be circular in form. The existing towers externally are, as shown in the attached photographs, multi-sided. Isle of Man Natural History & Antiquarian therefore have concerns about the appropriateness of this proposal. Should the proposal be approved, the Society would wish to see conditions relating to samples of stone to be used in the extension
• 5.5 Manx National Heritage (MNH) were consulted on the application, however no comments were received.

ASSESSMENT

6.1 Harold Tower Fort Anne Road Douglas Registered Building Nos. 179, a mid-19th Century villa possibly originally a folly with crenelated towers in a Romantic Gothick style.

6.2 The issues for the application are the preservation of the registered building, its setting or any features of special architectural or historic interest and the impact of the proposals on the amenity of the surrounding area.

6.3 The proposals are for the removal of the existing pantry, which is a later unsympathetic addition to the property and its replacement with two storey tower and single storey extension. The proposed new tower and single storey extension are to replicate in design and material the appearance of the original building.

6.4 IMNHAS in their comments are of the view that the proposed extension would significantly alter the layout and profile of the building, and this mass would be visible and very dominant in close up and distant views from the harbour. They do however acknowledge that the extension is to the rear of the property and will be largely obscured by difference in ground levels and registered trees. IMNHAS also mention photos attached to highlight the towers are not round. The photos used by IMNHAS to illustrate this point are not of the application site but another property known as The Towers. It is judged that given the typography and positioning of the proposed extension that it would not appear dominant in distant views as it would be mostly shielded by the existing structure and the surrounding typography. - 6.5 The proposed additions will be visible from the grounds of the property and the key issue on this matter is whether the proposed alterations preserve the building or its setting or any features of special architectural or historic interest. Whilst IMNHAS are of the view that it will significantly alter the layout and profile of the building and will be very dominant. It is considered that the proposals are of a sensitive design replicating the style and form of the building and the proposed positioning of the new tower and extension will result in them being subservient to the registered structure. It is therefore considered that while the proposed additions will result in a change to the building, the change will not however result in a negative visual impact to the special interest of the building or its setting. The proposed works will still enable an appreciation of the building's form and architectural detail. Conditions will be applied to ensure the materials and detailing will match the registered building. - 6.6 Douglas Borough Council have requested information regarding bins, however this is not considered material to the case, the property is already dwelling within extensive grounds, there would be no reason to request or condition information relating to bin storage on the grounds of an extension to an existing dwelling , particularly in relation to a registered building consent application. - 6.7 The proposed new additions given their siting within the extensive grounds will not result in any impact upon the amenity of any neighbouring properties nor will it result in any unactable levels of overlooking.

CONCLUSION

7.1 The proposals are considered to be in accordance with the Strategic Plan policies, Policies RB/3 AND RB/5 of Planning Policy Statement 1/01 and is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, 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.

I can confirm that this decision has been made by a Principal Planner 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: 15.06.2021 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.