Officer Report 09/00911/CON

Planning Report And Recommendations {{table:477441}} ### Considerations {{table:477439}} ### Written Representations ### Consultations {{table:477440}}

Officer's Report

The Site

The application site is the curtilage of No.6 Bridge Road, which is located on the western side of Bridge RoadNorth Quay. The site is zoned as mixed use, particularly Town Centre, in the Douglas Local Plan 1998. The site is also located within a Conservation Area.

Proposed Development

The application is seeking a permission to demolish three outbuildings to the rear of the main property.

Planning Status And Relevant Policies

Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policy 4, General Policy 2, Environment Policies 35 and 39, Housing Policy 6.

Environment Policy 35 states that "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 he special features contributing to the character and quality are protected against inappropriate development."

Environment Policy 39 states that "The general presumption will be in favour of retaining buildings which make a positive contribution to the character and appearance of the Conservation Area."

Section 18 (4) of the Town and Country Planning Act 1999 states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or

enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."

Within Planning Policy Statement 1/01, the following policies are considered to be relevant in the determination of this application: Policy CA/2 and CA/6

Policy CA/2 states that "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 states that "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 and 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 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, in particular of the wider effects of the demolition on the building's surroundings and on the conservation area as a whole."

PLANNING HISTORY

The following previous applications are considered relevant in the consideration of this application:

• 07/02321/B - Conversion from residential to office use - granted 6th March 2008
• 07/02320/B - Conversion of ground and first floor from residential to restaurant and wine bar - granted 10th March 2008
• 07/01003/B - Installation of replacement windows and door to front elevation - deemed withdrawn
• 93/00497/B - Replacement of windows on front elevation - granted

REPRESENTATIONS Douglas Corporation has no objection to the application. Highways Division of the Department of Transport have not commented on the application.

ASSESSMENT

The main issue for consideration of this application is the acceptability of demolishing a buildings within a Conservation Area and its impact within the context of the Conservation Area; and

Firstly, it is important to consider Environment Policy 39 of the Isle of Man Strategic Plan 2007 which states that "The general presumption will be in favour of retaining buildings which make a positive contribution to the character and appearance of the Conservation Area."

Policy CA/6 of Planning Policy Statement 1/01 (PPS 1/01) provides further guidance in how to assess this application. The policy states "Any building which is located within a conservation area and

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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 and 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 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, in particular of the wider effects of the demolition on the building's surroundings and on the conservation area as a whole."

Therefore, the application should be assessed against similar criteria to that as set out in Policy RB/6 of PPS1/01. It is useful to understand what criteria are used in Policy RB/6. The policy sets out the following considerations:

• "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 assessments 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 effort has 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."

The applicant's agent has indicated that the reasons for demolishing the outbuildings are as follows:

• They are in a very poor condition
• Due to their condition and shape they are not suitable for integration into a re-use of Bridge House itself, whether it is domestic or commercial use
• The demolition of the annex does not impact on the character or appearance of the area as they are not visible from the front (i.e. Harbour) or side due to existing adjacent properties.
• The Planning Department strives to ensure the provision of good quality accommodation, we feel that by retaining the outbuildings the provision of good quality accommodation will be compromised.

The applicant has not carried out any proper assessment to justify the demolition of the buildings in relation to the Conservation Area Policy in PPS 1/01 or Environment Policy 39 of the Isle of Man Strategic Plan 2007. The applicant must show that efforts have been made to retain the building in use in accordance with the conservation area policies. There is no evidence within the application to show that the buildings can not be made, without success, to continue the present use, or to find

new uses for the building. It is considered that the demolition of the buildings is unwarranted and its loss would adversely affect the character and appearance of the Conservation Area and the visual amenities of the locality. It should be noted that planning permissions 07/02320/B and 07/02321/B make use of the outbuildings for parking and store in association with the new uses. This shows that the outbuildings can be used for a new uses.

RECOMMENDATION:

It is recommended that this application be refused for the above reasons.

PARTY STATUS

The Department of Transport and the local authority are, by virtue of The Registered Buildings Regulations 2005, paragraph 8 (5) (c) and (e), considered "interested persons" and as such should be afforded party status.

Recommendation Recommended Decision: Refused Date of Recommendation: 16.12.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal

• C: Conditions for approval
• N: Notes attached to conditions
• R: Reasons for refusal
• O: Notes attached to refusals

R 1.

The proposed demolition of the outbuildings would be contrary to Policy CA/6 of Planning Policy Statement 1/01 and Environment Policies 35 and 39 of the Isle of Man Strategic Plan 2007 in that no proper assessment has been carried out to assess the merits/justification for the demolition of the existing building. It is considered that the demolition of the existing outbuildings would adversely affect the character and appearance of the Conservation Area.

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made: Refused

Date: ................................................................................................................................................................................

Signed: ................................................................................................................................................................................

Senior Planning Officer

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