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Application No.: 24/00903/CON Applicant: Mr Ian Piercy Proposal: Registered Building Consent for demolition of building associated with PA 24/90901/B (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 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal 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).
_______________________________________________________________ Interested Person Status
None ___________________________________________________________________
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 story 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
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;
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
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
Spatial Policy 2 Ramsey is identified as a Service Centres for development
General Policy 2 General Development Considerations (a-n)
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;
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.
5.1 Ramey 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:
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 which is a statutory test. - 6.2 The proposed demolition and loss of a late Victorian styled property leaving an empty site within a designated conservation area is undoubtedly. The proposal would not be considered to pass the Section 18(4) test by preserving or enhancing the building within 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;
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 and 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 in 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 resulting in such a detrimental impact and without a plan for improvement. - 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.
7.1 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 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:
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 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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