10 July 2024 · Committee
Eastfield Care Home, Eastfield, Douglas, Isle Of Man, IM1 4au
Eastfield Mansion House is a sizeable two-storey detached property with roof accommodation and three substantial chimney stacks, set within a landscaped site with mature trees on Eastfield, Douglas. The demolition consent runs alongside a companion planning application (24/00298/B) for five new four-bedroom dwellings with parking, amended access, drainage, and landscaping on the brownfield site. The central planning issue was the impact of demolishing a building within the Douglas (Woodbourne Road) Conservation Area. Policy EP39 creates a general presumption in favour of retaining buildings that contribute positively to a conservation area, and EP35 requires development to preserve or enhance its character. The applicant argued that the building is in poor repair, that meaningful retention would require rebuilding most of it, and that its internal layout is unsuitable for reuse other than as a nursing home to standards that would not meet modern expectations. The committee acknowledged the loss of Eastfield as unfortunate but found the decision finely balanced, concluding that the well-designed replacement dwellings on a brownfield site in Douglas — the most sustainable location on the Isle of Man — tipped the balance in favour of approval.
The committee found the decision finely balanced. The harm of demolishing Eastfield within the conservation area was weighed against the benefits of delivering five well-designed homes on a brownfield site in Douglas. The poor condition of the building, the impracticality of genuine retention, and the quality of the proposed replacement scheme were sufficient, on balance, to justify granting consent.
Environment Policy 35
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the 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, 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
The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area
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.
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.
General Policy 2
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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
POLICY CA/2
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
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.
POLICY CA/6
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 works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.
Condition 2
Development shall not commence until a programme of historic building recording of Eastfield House has been undertaken and submitted to and agreed in writing by the Department. The programme of building recording must be undertaken in accordance with Level Two as set out in Understanding Historic Buildings: A guide to good recording practice
demolition of former nursing home and outbuildings, and the creation of five new four bedroom dwellings with associated parking, amended access, amended drainage and landscaping
runs contemporaneously
Demolition of former nursing home and outbuildings, and the creation of five new 4 bedroom dwellings with associated garages, parking, amended access, amended drainage, and landscaping
Registered Building consent for demolition elements to PA 23/00526/B
Demolition of all existing buildings on site
Registered Building consent for the demolition elements relating the application 20/00280/B
Conversion of former care home to residential dwelling