24 May 2019 · Delegated
Westport, 4, Devonshire Road, Douglas, Isle Of Man, IM2 3qy
This application sought registered building consent for the demolition of elements associated with a related planning application at Westport House, 4 Devonshire Road, Douglas. The property is a large, detached Victorian house situated within the Selbourne Drive Conservation Area. The outbuilding subject to demolition is located to the rear of the dwelling and is not reasonably visible from the public highway. The application was decided by delegated authority and was permitted on 24 May 2019. The officer recommended approval, and the final decision matched that recommendation.
The application was permitted on a delegated basis. The outbuilding proposed for demolition sits to the rear of the property and is not reasonably visible from the public highway, limiting its impact on the character of the conservation area.
Environment Policy 35
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
lew LDHP LDHP e Arbory Location Former Designation Area Plan Designation Symbol on Proposals Map (3) and Inset Maps (4-7) Parville, Ballabeg (Registered Building 235), Arbory LDHP LDHP f Balladoole House and The Granary, Arbory LDHP LDHP g Rushen Location Former Designation Area Plan Designation Symbol on Proposals Map (3) and Inset Maps (4-7) Ballagawne (Greenacres), Ballagawne Road, Rushen LDHP LDHP h Kentraugh, Rushen LDHP LDHP i Proposed Low Density Housing in Parkland An area to the East and West of Phildraw Road, Malew, as shown on Inset Map 4 Appendix 4 (a): Groups of Houses in the Countryside Survey (2009) Assessments of individual groups: (a) Cregneash: (i) Description: Cregneash comprises a group of traditional buildings clustered around the church, and set on the saddle between Meayll Hill and Cronk ny Arrey. Some of the buildings are used as part of the Cregneash Folk Museum. (ii) Assessment: It is indicated at paragraph A.3.7 of Appendix 3 to the Isle of Man Strategic Plan that "Cregneash may also be judged to have the characteris tics of a village, but as the National Folk Museum it is subject to special consideration, seeking to preserve and protect the authenticity and integrity of the village and its setting." However, it would be more accurate to refer to Cregneash as "the set ting for the National Folk Museum" rather than "the National Folk Museum ". The introduction of additional dwellings, necessarily constructed some 100 years or more later than any existing dwelling in the village, would clearly be inimical to preserving th e authenticity and integrity of the present group and its value as the setting for the Folk Museum. Additional dwellings are not therefore proposed. (b) The Howe/Glen Chass: (i) Description: The Howe comprises a group of dwellings and farm buildings ar ound the chapel on the north side of the road to The Sound. Just to the east, scattered either side of the road down to Fistard are the dwellings comprising Glen Chass. These linked groups have a sense of identity, arising in part from the chapel and in part from the topographical setting. The groups are close to Port St Mary, but clearly within the countryside. Apart from the chapel, there are no public buildings. (ii) Assessment: These groups are not in themselves sustainable settlements, and are not far enough away from Port St Mary or Port Erin to generate a valid local need for housing. In the case of The Howe, further development would be likely to extend or consolidate the existing ribbon development along The Sound Road, whilst in the case of Glen Chass, the access road is narrow and difficult, especially for public service vehicles. In these circumstances, additional dwellings are not proposed for The Howe or Glen Chass. (c) Ballakilpheric/Cronk e Dhooney: (i) Description: Grouped quite comp actly to the west and east of the still -active chapel are two collections of dwellings and farm buildings, some of which are comparatively modern. The group is some 1.5 km from the Colby main road, up a winding and sometimes narrow road. The sense of place arises largely from the chapel at the crossroads, but there are no other public facilities or amenities. (ii) Assessment: Whilst a small number of additional dwellings could be added without visual detriment to either the group or its setting, the group is not sustainable, is served by a poor access road, and is not distant enough from Colby to generate a valid local need for housing. Additional dwellings are not therefore proposed. (d) Earystane: (i) Description: Earystane comprises a collection of dwellings scattered along the road between Ballamoar and Ballacannell. The distinctive, finely coursed stonework of some of the buildings, including the former chapel, lends a sense of unity to this interesting upland settlement. The group is some 2.5 km from the main Colby Road, is served by only a narrow road, and has no public facilities or amenities. (ii) Assessment: Further dwellings would clearly not be sustainable, and would reduce the interest and attraction of the existing group. Road access is poor. Additional dwellings are not therefore proposed. (e) St Marks: (i) Description: St Marks is a designated Conservation Area, which includes some of the surrounding countryside. The buildings include the church, a chapel, the former school rooms , and a number of dwellings clustered around the village green. The spaces between the buildings contribute positively to the character of the settlement, helping to integrate it with its immediate rural environment. The undeniable sense of place arises not only from the disposition of the buildings and spaces, but also from the location at the meeting of several rural roads. (ii) Assessment: The Character Appraisal statement for the Conservation Area indicates that "Whilst new development might not be ru led out, detailed and careful assessment of any proposed develo
Policy RB/3
provides the general criteria that are 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).
Policy CA/6
relates to any demolition of a building which is located within a conservation area
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