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| Application No.: | 13/01227/CON |
| Applicant: | Mr David & Mrs Lorna Martin |
| Proposal: | Registered Building Consent for demolition of dwelling and outbuildings (in association with 13/91226/B) |
| Site Address: | Vine Villa 8 Derby Square Douglas Isle Of Man IM1 3LS |
| Case Officer: | Mr S Moore |
| Photo Taken: | |
| Site Visit: | |
| Expected Decision Level: | Planning Committee |
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF A MEMBER OF THE PLANNING COMMITTEE; ALSO IN VIEW OF THE PLANNING HISTORY OF THE SITE AND THE STRATEGIC IMPORTANCE OF THE PROPOSAL TO THE DERBY SQUARE PART OF THE WINDSOR ROAD CONSERVATION AREA.
13/91226/B - the Planning Authority is currently considering an associated application for planning approval for the redevelopment of the site with a four storey building comprising four duplex apartments.
08/01677/A - approval in principle refused at appeal to demolish the existing dwelling and the construction of four terraced town houses.
02/02464/B - application refused at review for the demolition of the existing buildings (except no 10) and redevelopment of site to create 50 apartments.
"Introduction Vine Villa is located on the periphery of the lower right hand comer of Derby Square. Derby Square is important because it was built in the early period of Douglas's expansion as the Victorian Capital. The houses in the square have been studied in detail as part of the conservation area studies.
Vine Villa is different to the remainder of the properties in the square, which are predominately terraced town houses, by being detached and set back further from the road behind in its own front gardens. It is partly obscured from the road by fences and hedges.
Comparing the 1860's series O.S. with the modern O.S. it is clear that there have been substantial alteration and extension since 1870.
Architectural Interest The designer and builder of the original dwelling have not been identified and the only records available are of the modem alterations and additions that were designed by F.H. Kerr and built by Frank Crellin.
The property has been substantially changed since it was first built in the 1850's or 60's. The first dwelling, which now forms the rear of the present building, was a three floor, rendered
Manx stone, house of a very plain design. Sometime between 1869 and the early 1890's the single storey, double bay-fronted, 'Villa' part of the property was added. In contrast to the original dwelling this part of the property was much more stylish, with carved wooden drip boards fitted to the gable ends, attractive cornicing and moulding on the chimney stacks, entrance and bays; and ornate chimney pots.
A lean-to garage was built against the left-hand gable end of the 'Villa' at an unknown date but prior to 1949, when the Kerr/Crellin additions were completed. Additions included another garage and a warehouse extension.
In 1983 the left-hand bay window was replaced with a large featureless flat window. The inside of the building reveal the various phases of work as you move from one level to the other. Some of the historic details are still apparent, and the current owner has added some of his own, particularly a Newel post from a hotel on the Loch Promenade. However, none of the features are unique or significant with regard to the older house.
The outside of the original house visible from Derby Square Lane is a rather austere rendered facade and the main architectural merit comes from the later Victorian additions in the 'picturesque' style; namely the bays, chimney pots and barge boards.
Certainly the owner should he encouraged to keep these features and if the opportunity arose to replace the lost bay.
The garden is also unusual and the present crucifix sub division is apparent on the early O.S. and Vine Villas uniqueness stems from its landscape value, particularly with its association with Derby Square.
It is not believed that this building has any links to events of historic note.
The only known link to any person of historic note or renown is in the site's early days when it was owned by James Spitall and William Okell. However, this was before the site was developed.
This building is different to the rest of Derby Square in style and design. However it forms a composite part of Derby Square, but only in the sense that a part of it was built at the same time.
Age and Rarity Early estate plans for Derby Square do not show a building on this site. We therefore conclude that the property dates from later than 1850, with some parts being only 50 years old. The oldest part of the property is not of sufficient age to be considered rare, neither are the more recent additions.
This property is considered to be a complete mixture of building styles and design, varying in age between 140 and 50 years old. Some individual features are quite interesting but the sum total is not thought sufficiently special to suggest registration.
It is felt that as this building falls within the proposed Derby Square conservation area, if enacted, then this would be sufficient protection for the features that are considered notable."
"It is fair to say that Vine Villa makes a pleasant and interesting contribution to the style and design of Derby Square. However Vine Villa is a rather muddled mix of buildings. I therefore agree that the most appropriate protection of this building is via conservation area designation and not Registration.
The building contrasts quite sharply with Derby Square's attractive 3 storey terraced houses. But at the same time it is much more attractive when compared with the incongruous low development at the three other corners of the square. It would appear that the 1850s-1860, three storey terrace design of Derby Square was not to be followed in the corners of the square. Vine Villa does not detract from the architectural unity or cohesion of the terraced square. Its main contribution is a mix of historic and architectural factors mainly because parts of the property were built at a similar time to the rest of Derby Square. It might also be added that it is the only corner of this square with any architectural or historic merit. In that sense Vine Villa just manages to make a positive contribution to the Conservation Area. It follows that the building should be retained in line with Environment Policy 39."
Both of these instances are significant in considering whether a Building Preservation Notice is necessary. Given that the issue of Registration has been considered on at least these two occasions; in this instance, the issue of a Building Preservation Notice does not seem warranted."
General Policy 1: 'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'
Environmental Policy 39 states: 'The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area.'
Policy CA/2 - Special Planning Considerations states: '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 Demolition states: '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.'
the plot. The result of all this was the delightful Vine Villa. It is the only example of a Dun Laoghaire cottage on the Island, which looks like a single storey bijou dwelling with ornamental mouldings on the front elevation. Vine Villa is unique amongst the Island's stock of architectural important buildings.
The effect of the proposal upon the character and appearance of the Conservation Area
"At this corner of the square we find Vine Villa which although not shown in its present form on the 1869 map, the garden is present and may be an indication of what was intended at the four corner plots."
"Whilst in 1869 the corners of the Square are shown as having house plots laid out, it is evident that these were never built. Stables and Coach-houses were built in at least some of
these corner plots given that no stables were permitted at the rear of individual properties. However, it is understood that the incidence of commercial delivery stables presumably serving residents outside of the square as well, did not meet with all the residents' accord."
"A conversion of use has crept into the corner elements of the square shown as vegetable plots on the 1869 plan. It would be hoped that these key sites might give an opportunity for change of use or regeneration and enhancement within the square more suited to the historic character and period of the building, which make up this section of the Conservation Area."
"It is fair to say that Vine Villa makes a pleasant and interesting contribution to the style and design of Derby Square. However, Vine Villa is a rather muddled mix of buildings. I therefore agree that the most appropriate protection of this building is via conservation area designation and not Registration.
The building contrasts quite sharply with Derby Square's attractive 3 storey terraced houses. But at the same time it is much more attractive when compared with the incongruous low development at the three other corners of the square. It would appear that the 1850s-1860, three storey terrace design of Derby Square was not to be followed in the corners of the square. Vine Villa does not detract from the architectural unity or cohesion of the terraced square. Its main contribution is a mix of historic and architectural factors mainly because parts of the property were built at a similar time to the rest of Derby Square. It might also be added that it is the only corner of this square with any architectural or historic merit. In that sense Vine Villa just manages to make a positive contribution to the Conservation Area. It follows that the building should be retained in line with Environment Policy 39."
In conclusion, and to quote the previous Inspector's findings; "Vine Villa just manages to make a positive contribution to the 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. 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:
17 February 2014 13/01227/CON Page 7 of 10
"A conversion of use has crept into the corner elements of the square shown as vegetable plots on the 1869 plan. It would be hoped that these key sites might give an opportunity for change of use or regeneration and enhancement within the square more suited to the historic character and period of the building, which make up this section of the Conservation Area."
The local authority, Douglas Borough Council is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d.
Victorian Society - is not recognised as having interested person status.
Recommended Decision: Permitted
Date of 09.12.2013
Recommendation:
Conditions and Notes for Approval / Reasons and Notes for Refusal
N : Notes attached to conditions
C 1. The works hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. The works hereby approved shall not be carried out except in full accordance with the following plans: Drawing Numbers 13/2013/01 (location plan and site survey) received on 16 October 2013.
C 3. No works shall commence until a contract for the subsequent redevelopment of the site, as approved by Planning Approval 13/91226/B dated [specify date of decision] and details of phasing and timing of works has been submitted to and agreed in writing by the Planning Authority. All works shall then be carried out in accordance with the approved details.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : _________________________ Committee Meeting Date : _________________________ Signed : _________________________ Presenting Officer _________________________
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO _________________________ 17 February 2014 13/01227/CON Page 10 of 10
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