Officer Report

Application No.: 24/90901/B Applicant: Mr Ian Piercy Proposal: Demolition of building (retrospective) Site Address: 11-12 West Quay Ramsey Isle Of Man IM8 1DW Senior Planning Officer: Jason Singleton Photo Taken: 17.10.2024 Site Visit: 17.10.2024 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 18.10.2024 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The demolition of a this historic building within the Ramsey Conservation area and the proposal to leave the site derelict would not be seen to preserve or enhance the character of the conservation area and would be contrary to Sp4a, EP35 and EP39 of the IoM Strategic Plan and also SECTION 18(4) of the Town and Country Act (1999). Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Ramsey Town Commissioners - as they have No objection. ___________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of No's11-12 West Quay Ramsey. The site is located to the west of the highway and to the south of the Swing Bridge. The site fronts onto highway/pavement. - 1.2 No.13 West Quay sits to the East. It is a 2 storey Manx stone building finished in painted render with retail on the ground floor and presumed residential on the upper floors. This property also features a flat roof to the property. No.10 to the West is a lean-to single storey structure built off the gable wall of No.11. - 1.3 Formerly the property was an end of terrace three storey Victorian Manx stone constructed building. The building was finished in painted smooth render, bookended with

• prominent chimney stacks (front and rear) to the gables and a pitch tiled roof. The front façade had a traditional appearance with regularly positioned fenestration to the first and second floor with four portrait windows in timber sliding sash and extended window cills to the first and second floor. To the ground floor there was a shop front with a large glazed window above a dwarf wall and pedestrian width door way providing access to within. Adjacent to this (south) there is another pedestrian door with fanlight above and an additional larger doorway with concrete threshold to the end of the building. The leading roof edge featured a parapet wall and matched the existing eaves line of the Trafalgar pub hotel (to the south) next door.
• 1.4 At present the property has been partially demolished with the ground floor remaining intact with opening boarded up, the exposed gable to the south has been removed to approx. top of the first floor, and the front elevation has seen three of the four windows removed and the infill between and the north elevation / party wall with No.13 remaining.

2.0 THE PROPOSAL - 2.1 Proposed is the (retrospective) demolition of the building. - 2.2 The application is supported with a Structural survey from Curtins for Ramsey Town Commissioners dated 10th July 2024. - 2.3 The structural survey notes;

• o Inspection carried out on 8th July 2024
• o The extent of the survey was limited but the engineer notes; "Curtins observations of the property were limited by available access and collapse of the internal structure of the property"… Externally observations were made from ground level on West Quay and Parliament Street, with no access available to the rear yard of the property… Internally,
• observations were confined to the ground floor front room on the west side of the property…Photographs taken by drone of the external surfaces of the property by Ian Piercy at the time of Curtins inspection were made available and are referenced in this report".
• o The structural report Concludes; "The structure of the property exhibits widespread deterioration, with loss of roof coverings, removal / collapse of timber floors, severe corrosion to the steel lintels and an outward lean to the front wall over the ground floor storey height. The external and internal cross walls of the property have lost restraint with the loss of the timber floor structure. Although one internal stone cross wall appears present internally, it does not extend full height and does not appear to provide effective vertical restraint to the front and rear external walls. Additionally higher internal wind pressures are now acting on the external and internal walls with loss of the roof coverings and open window apertures. The lean to the front wall represents lateral instability of the wall, likely arising from deterioration of lintels. Further lateral movement of the wall will arise, but we are unable to predict the rate of such movement. The steel lintels are heavily corroded to the front wall opening and could give rise to a sudden collapse. Taking account of the above, there is a potential risk of collapse of the property, which could arise suddenly, rather than as a progressive collapse. The property therefore represents a potential danger to the public. Measures to strengthen the property to remove the potential danger could in theory be undertaken, but would need to be carefully assessed as practicable to prevent undue risk of injury to persons".
• o The survey makes the following recommendation; "Based on our visual inspection of the property, in its present condition we recommend that the planned demolition of the property is undertaken as soon as practicable… Whilst awaiting commencement of demolition, and immediately from the issue of this report the footway be closed and the steel lintels to the

• 4.0m wide ground floor opening be exposed and inspected with suitable temporary propping undertaken as necessary and the property be monitored to identify any further significant deterioration, with further safeguarding measures actioned as necessary prior to demolition…

Should demolition not be completed within four weeks of the date of this report, our above recommendations would need to be reassessed with a further inspection of the property".

2.4 The applicant notes on the application form that work started on 29/07/2024 and "Demolition of the structure following engineers report and Ramsey Town Commissioners wanting the building demolished"… "Following the removal of the building, the site will be left empty for the period of the proposed planning application. The site will be completely cleared of all rubble and put to a clean hardstanding state using stone chippings or similar. The proposed use in the planning application will be Mixed (Commercial/Residential)". - 2.5 The application is accompanied with a parallel application for Registered Building Consent for the demolition as the site sits within a conservation area. 24/00903/CON Registered Building Consent for demolition of building. - 2.6 No details have been submitted for any replacement development on the site.

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area recognised as being an area of 'Town Centre - Mixed Use", under the Ramsey Local Plan 1998. The site is also within Ramsey Conservation Area. The site is within a High Flood Risk Zone - Tidal as noted on the DOI flood maps. - 3.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;

Strategic Policy 2 Priority for new development to identified towns and villages

• 4a Protection of conservation areas / registered buildings

Spatial Policy 2 Ramsey is identified as a Service Centres for development

General Policy 2 General Development Considerations (a-n)

• 5 Enforcement Action

Environment Policy 22 Protection of the wider environment and properties through nuisances 35 Preserve or enhancement for Conservation Areas 39 Retention of building in Conservation Areas

3.3 Material Legislation Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man); POLICY RB/6 DEMOLITION POLICY CA/6 DEMOLITION - 3.4 Section 18(4) of the Town and Country Planning Act (1999) states, "(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".

4.0 PLANNING HISTORY - 4.1 The application site has been subject to the following planning application;

• o Planning approval was granted under PA 15/00311/B (11-12 West Quay) for Alterations and extensions to property and change of use from retail and residential to retail and office accommodation, which allowed the extension of Nrs 11 and 12 West Quay with a upwards extension into the roof space of the existing building, to provide office accommodation and the remainder of the building being used for office accommodation (office/retail at GF level). This approved scheme has since expired.
• 4.2 The neighbouring the property was granted planning approval under PA 17/00930/B (Nr 10 West Quay) for the conversion of existing building to a distillery, to include lifting and replacement of existing roof and alterations to the front elevation and installation of double doors. This retained the existing building but proposed alterations.

- 5.0 REPRESENTATIONS

5.1 Ramsey Town Commissioners commented 19/09/24 with no objection. - 5.2 Highways Services has not commented at the time of writing. - 5.3 Registered Buildings Officer (16/10/24) Objects "These applications (24/90901/B and 24/00903/CON) propose the total demolition of the building, and do not propose any replacement building. As such, I judge that the removal of historic fabric and the creation of a gap site in this prominent location would fail to protect, preserve or enhance the character or appearance of the Ramsey Conservation Area. With the above in mind, I object to both applications as I judge them to fail the statutory tests of Section 18 of the Act as well as being contrary to Strategic Policy 4 and Environment Policy 35 of the IOM Strategic Plan 2016."

6.0 ASSESSMENT The main issues to consider in the assessment of this planning application are as follows:

• - Section 18(4) Test
• - Impact upon the Conservation Area (Sp4a,EP35,Ep39)
• - Public Safety (Ep22 & Gp5)

• (i) SECTION 18(4) TEST

6.1 The property is situated within a Conservation Area, as such it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 3.4 of this report, on whether the works preserve or enhance the Conservation Area. S.16/18 creates a presumption against approving any development which would conflict with the Act. This is a statutory test. - 6.2 The demolition and loss of a late Victorian styled property leaving an empty site, within a designated conservation area is undoubtedly detrimental. The proposal would not be considered to pass the Section 18(4) test by preserving or enhancing the building within the Conservation Area.

• (ii) IMPACT UPON THE CONSERVATION AREA

6.3 The site is central on the Conservation area map and flanked by and surrounded by similar traditionally styled properties, taller buildings, and likely warehouses and can be said to form part of the maritime heritage in the use of the harbour and has a legible narrative when looking at the buildings in this historic setting. - 6.4 Development in its widest sense, including demolition within designated conservation areas offers those buildings a greater level of protection as outlined within Environment Policy 39 (and Planning Policy Statement 1/01). Equally this is echoed within SP4a for the desirability of preserving or enhancing the character and appearance. EP39 also notes that there is a general presumption in favour of retaining existing buildings which make a positive contribution to the character or appearance of the Conservation Area. - 6.5 Furthermore the supportive text (par 7.32.2 of the IOMSP) of this policy indicates that 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;

• 1) the condition of the building;
• 2) 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);
• 3) the adequacy of efforts made to retain the building in use; and
• 4) the merits of alternative proposals for the site.

6.6 In terms of the above narrative little information has been submitted to allow assessment of the above four points which would need to justify the loss of the building. Whilst a structural survey has been provided this is only part of the evidence required and without adequate and acceptable information in relation to the principle of demolition, it is unlikely the granting of approval for the demolition would be acceptable to satisfy the aforementioned planning policies. It is further noted the level of objection from the Registered Buildings officer with responsibility for Conservation areas on the Island. - 6.7 When considering any development (including demolition) in conservation areas the Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 which indicates that development within Conservation Areas will only be permitted if they 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. - 6.8 The existing Victorian property of traditional character clearly has a positive impact upon the quality and character of the Ramsey conservation area and as being part of the historical narrative of West Quay and the harbour development. - 6.9 The proposal (albeit part retrospective) would demolish the entirety of the existing building. Therefore the application fails EP 35 of preserving the character or appearance of the Area. As no replacement building is being proposed the application cannot be argued to be enhancing the character or appearance of the Conservation Area/ West Quay either and therefore fails this aspect of EP 35 as well. - 6.10 As such the proposal to demolish the building within a conservation area would be contrary to Sp4a, EP35 & EP39. PUBLIC SAFETY - 6.11 The applicant's main thrust of their argument is that the; "Demolition of the structure following engineers report and Ramsey Town Commissioners wanting the building demolished". Whilst it is noted that the Structural engineers report recommends demolition and the potential for the building to be at risk of collapse, this is not reason to grant planning approval or registered building consent for demolition of a historic building without replacement. - 6.12 Although it appears that the owner of a property deemed dangerous is in an awkward position - in that planning approval and registered building consent are still required for such works, the owner also needs to remain cognisant of their duties to maintain such a building so that it does not deteriorate to such an extent, and to consider the requirement to preserve or enhance the conservation area. If a building is demolished due to being an imminent threat to public safety, this can be a defence against prosecution, but not a reason to grant approval. - 6.13 It is understood that Building control were notified of intent to demolish on 22/10/2021. Therefore there was opportunity to apply for permission to demolish the property, or undertake

• stabilisation works in the intervening 2 years. Works commenced on the demolition on the 29th July 2024.
• 6.14 The Department through the enforcement team were made aware of the works on site and commenced their investigation beginning of August 2024. Their involvement to date has seen the issuing of a Registered Building Enforcement Notice and an Enforcement Notice both served on 5th August 2024 in accordance with GP5. It is understood neither of the notices have been appealed and the remedial works to rebuild the property remain in order to remedy the breach of planning control.

- 7.0 CONCLUSION

7.1 The demolition of a this historic building within the Ramsey Conservation area and the proposal to leave the site derelict would not be seen to preserve or enhance the character of the conservation area and would be contrary to Sp4a, EP35 and EP39 of the IoM Strategic Plan and also SECTION 18(4) of the Town and Country Act (1999). - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative. _____________________________________________________________________

I can confirm that this decision has been made by the Director of Planning and Building Control 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, and/or rights to appeal.

Decision Made : Refused Date : 30.10.2024 Determining Officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

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