Registered building consent for demolition of 22/23 North Quay and 25/26 North Quay (in association with 25/90441/B)

Isle of Man Strategic Plan 2016

General Policy 4: Where appropriate the Department will enter into Agreements under section 13 of the 1999 Town and Country Planning Act which may: (a) restrict the use of land; (b) require land to be used in a particular way; (c) restrict the operations which may be carried out in, on, under or over land; (1) Previously developed land is defined in Appendix 1 (d) require operations or activities to be carried out in, on, under or over land or; (e) require payments to be made to the Department either in a single sum or periodically, in particular as commuted sums for open space or parking provision, or other social or cultural provision, including public art, which is necessary and directly associated with the development proposed. 6.4.2 Planning Agreements will not be used to support the approval of proposals which are not in accordance with the Aim, Objectives and Policies of the Plan. To date, Planning Agreements have only been used in a limited number of cases. Supplementary Guidance will be prepared for Agreements under Section 13 of the 1999 Town and Country Planning Act, t o be read in conjunction with the Strategic Plan. This will set out the principles and practice of the Department to ensure consistency and to avoid unnecessary delay to the planning and development system. 6.5 Enforcement 6.5.1 Under Part 4 of the Town and Country Planning Act 1999, the Department has duties in respect of breaches of planning control. In any case, the objectives of this Plan would be thwarted without an effective development control system, part of which is, of course, enforcement against breaches of control. 6.5.2 The Department will rectify breaches of control firstly by negotiation, but where this fails and (a) a regularising application is unsuccessful; and (b) the breach is clearly contrary to any of the policies of this Plan; the Department will consider the commencement of enforcement action in accordance with Part 4 of and Schedule 4 to the 1999 Town and Country Planning Act.

Environment Policy 30

Conservation Area character

Environment Policy 30: There will be a general presumption against demolition of a Registered Building. In considering proposals for demolition or proposed works which would result in substantial demolition of a Registered Building, consideration will be given to:  the condition of the building;  the cost of repairing and maintaining it in relation to its importance and the value derived from its continued use (based on consistent long-term assumptions);  the adequacy of efforts made to retain the building in use; and  the merits of alternative proposals for the site.

Environment Policy 39 - Retention of building in Conservation Areas

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.

PPS1/01

POLICY RB/6 DEMOLITION There will be a general presumption against demolition and consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of an historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:- In judging the effect of any proposed alteration or extension to a Registered Building, it is essential to have assessed the elements that make up the special interest of the building in question. They may comprise not only obvious features such as a decorative facade, or an internal staircase or plaster ceiling, but may include the spaces and layout of the building and the archaeological or technological interest of the surviving structure and surfaces. These elements can be just as important in the simple vernacular and functional buildings, as in grander status buildings. Cumulative changes reflecting the history of use and ownership can themselves present an aspect of the special interest of some buildings, and the merit of some new alterations or additions, especially where they are generated within a secure and committed long-term ownership, are not discounted. The destruction of historic buildings is in fact very seldom necessary for reasons of good planning: more often it is the result of neglect, or failure to make imaginative efforts to find new uses or incorporate them into new developments. • The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces, that in an age of rapid change, may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair; • The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building's condition. • The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them. CONTROL OF UNAUTHORISED WORKS Section 15 of the Act provides that no works may be executed:- (a) for the demolition of a registered building, or (b) for its alteration or extension in any way which would affect its character as a building of special architectural or historic interest, unless they are authorised under the Act and the Department has granted written consent for the execution of the works ("registered building consent") N.B. It should be noted that Section 15 of the Act does not apply to works for demolition, alteration or extension of :- i) any building which is for the time be ing the subject of a preservation order under section 11 of the Manx Museum and National Trust Act 1959, or ii) a building for the time being included in the list of monuments prepared under section 13 of the said Act.

PPS1/01

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.

PPS1/01

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