Planning Officer Report Duplicate

Officer's Report

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.

The Application Site

1. The application site is the residential curtilage of Vine Villa, a traditional Victorian single storey dwelling sited on the north eastern corner of Derby Square, Douglas.

1. Derby Square is characterised by its predominantly three-storey Victorian terraces to the four sides of the central green square. The majority of the properties are painted render with the varying degrees of architectural detailing, a result of alteration and to some extent, the differing approaches of its builders. In the main, the entrance door to the Ground Floor is arched headed, with a large format sliding sash window to the side, a heavy string course dividing ground and first floor which is modelled as the Piano Nobile with high sliding sash windows with heavy fluted surrounds and a smaller format sliding sash window at second floor. The eaves line is a heavily rusticated cornice. The architectural treatment does vary with ‘ashlar’ ruling in the render, cast iron balconies at first floor level and varying dormer formats.

1. The site is located within the Windsor Road Conservation Area

The Proposal

1. The application seeks Registered Building Consent for demolition of the existing dwelling and outbuildings. Although the buildings are not registered, such consent is required because the site is within the Conservation Area.

1. The application has been submitted in conjunction with an application for planning approval for the erection of a four storey building comprising rooms in the roof, containing four duplex apartments (13/91226/B).

1. Both applications follow§ detailed pre-application discussions with the planning officer and conservation officer.

Planning History

1. The following decisions are relevant in the consideration of the application:

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.

1. Planning approval was granted in April 2010 for demolition of the existing commercial buildings on the adjoining land to the north and their replacement with two town houses (09/01624/B). The form of the development is similar to that being proposed by the current application. The adjacent site is currently being cleared and made ready for construction. The drawings submitted with the current application helpfully show the relationship of both proposals.
2. The Planning Authority is currently considering a planning application for the development of the south east corner of Derby Square: planning application 13/91152/B seeks planning approval for the erection of a four storey block containing seven apartments at 28-30 Derby Square, and is currently undetermined.
3. The following is an extract from the report provided to the planning committee on 14th July 2000, concerning the question of whether Vine Villa should be registered.

"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.

Historic Interest

It is not believed that this building has any links to events of historic note.

Close Historic Association

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.

Group Value

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.

Conclusions

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."

1. The matter of Registration was again considered during the process of considering the application 08/01677/A - approval in principle to demolish existing dwelling and the construction of four terraced town houses. At that Appeal in May 2009, the Appeal Inspector offered the following in particular regard to the contribution that Vine Villa makes to the character 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."

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."

Planning Policy

1. The site is identified as being within a predominantly residential area by the Douglas Local Plan 1998.
2. The application site is within the Windsor Road Conservation Area designated in September 2003.
3. The Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of this current planning application.

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.'

1. Planning Policy Statement 1/01 - Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man sets down the policies in relation to the conservation of the built environment of the Isle of Man, including policy for the identification and protection of historic buildings, conservation areas and other elements of the environment. This policy statement contains Policy CA/2, which is considered specifically material to the assessment of this planning application.

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.'

Representations

1. Douglas Borough Council - no response to date.
2. The Isle of Man Victorian Society - objection:

• The proposal is to demolish Vine Villa which is in a Conservation Area.
• A previous application involved demolition of Vine Villa and redevelopment of the site and adjacent land. Vine Villa should have been brought forward for registration at the time but the matter was not followed up.
• Derby Square was developed by a consortium of local businessmen. Derby Square and Derby Road were laid out with a total of 97 plots with a communal garden in the centre of the square.
• Edward Cain, a local baker, acquired plots 5, 6, 7 and 8 (the site of Vine Villa)
• Elevational plans for the properties were drawn up with the owners having to comply with a set building line.
• However, Edward Cain built a dwelling at the rear of his four plots, therefore, not complying with the elevational treatment. It would have been possible to build four plots to the front of the site, still being detached. The development left a neat garden at the front of

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 building is registerable quality. No approval should be given for its demolition until its importance has been fully assessed. The Society requests that a Building Preservation Notice is served on the property to fully assess the building's worthiness for addition to the Protected Buildings Register.
• The Victorian Society maintain that they have made a formal request for a Building Preservation Notice and for the building to be registered. They believe that the conservation officer does not have delegated authority to decline such a request on behalf of the Department of Infrastructure. The matter should therefore be looked at in full.

Assessment

The effect of the proposal upon the character and appearance of the Conservation Area

1. The key test is whether the proposal would preserve or enhance the character and appearance of the Windsor Road Conservation Area.
2. Environment Policy 39 of the Strategic Plan and Policy CA/6 within Planning Policy Statement 1 / 01 both indicate a general presumption in favour of retaining buildings in conservation areas which make a positive contribution to the character and appearance of the conservation area.
3. In order to consider the impact of these proposals on the character of the Conservation Area, it is first necessary to identify and understand what the character of this part of the Conservation Area actually is. Of note are the four corners of Derby Square, of which the site forms one, and which are characterised as follows.
4. The south eastern has a single storey, rendered building with a flat roof that increases to two storeys toward the rear lane. This is an unremarkable 1940s/50s style of building of limited architectural interest. The site is currently the subject of an undetermined planning application, 13/91152/B, which seeks approval for the redevelopment of the site with a four storey block of seven apartments.
5. The south western corner is currently a car park servicing the National Tyre Centre.
6. The north western corner has painted rendered, two and a half storey buildings with flat roofs. The window format and use of painted render offer some reference to the remainder of the square. The buildings are otherwise unremarkable.
7. At the north eastern corner is Vine Villa, being the site the subject of this application. Vine Villa has been described in some detail previously in this report. Paragraph 4.14 of the Windsor Road Conservation Area Appraisal draws particular attention to the site, stating:

"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."

1. The corner plots of the Square have clearly altered over time as is evidenced in the following from the Character Appraisal Document. Paragraph 3.7 on page 6 of states:

"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."

1. Paragraph 4.17 on page 15 of the Character Appraisal Document states:

"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."

1. Having ascertained the character of the Conservation Area, it is then necessary to consider whether Vine Villa makes a positive contribution to the character and appearance of the Conservation Area.

1. The findings of the Appeal Inspector in respect of a previous application for redevelopment of the site (09/01624/B) are particularly pertinent. The Inspector offered the following in particular regard to Vine Villa: comments that at set out earlier in comparison it

"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".

1. The Inspector recommended that the appeal was dismissed, essentially because the application sought approval in principle and there were no details for the Planning Authority to be able to gauge the impact of the proposal upon the character and appearance of the Conservation Area, being the key test. It is noteworthy that the Inspector did not dismiss the principle of redevelopment of the site.

1. Paragraph 7.32.2 of the Strategic Plan relates to the merits of alternative proposals for a site within a Conservation Area. It states the following:

"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:

• the condition of the building;

17 February 2014 13/01227/CON Page 7 of 10

• 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);
• the adequacy of efforts made to retain the building in use;
• the merits of alternative proposals for the site.'

1. Having regard to the last criterion of paragraph 7.32 .2 , it is necessary for the Planning Authority to consider the merits of the alternative proposals for the site, therefore, the development proposed by the current application.
2. Paragraph 4.17 on page 15 of the Character Appraisal Document alludes to the Department's aspirations for the four corner sites at the time the Appraisal was written:

"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."

1. Paragraph 4.9, page 11 of the Windsor Road Conservation Area Appraisal states: "As with Windsor Park the land was part of the Villa Marina Estate. Although purchased in 1836 by John Puttnam, it was however not laid out as plots for building until 10 years later by a consortium of developers which included Charles Swinnerton, a monumental mason who prepared the plans for the layout and the house types."
2. Paragraph 4.12 page 12 states: "By 1869, the west side was also complete along with part of the south and east sides. Whatever the reason for the lengthy delay of completing the whole square, it would appear despite an agreement to have a uniform painting scheme, this approach to the piece-meal development of the square contributed to some loss of architectural cohesion that was probably not envisaged or intended at the outset."
3. Paragraph 5.3 page 19 states: "the anonymous approach to unifying the architecture of an entire terrace was not always as successful as we might imagine and developers did start to emphasize individual houses with the large bay front window to accommodate popular tastes."
4. Paragraph 5.4 page 19 states: "Later modifications to windows and render have been made in various properties throughout the square and to effect an economic repair or under the guidance of the building trade as being modern maintenance free materials. Such an approach is often unsympathetic and detracts from the architectural merit and character of not only individual buildings but from groups as a whole."
5. The proposals for the new building draw from the buildings within Derby Square in terms of scale and architectural treatment. In respect of the latter point, the architectural treatment of the Square does vary, no doubt as a result of the way in which it was developed. This is evident within the Windsor Road Conservation Area Character Appraisal. The architectural approach is also very similar to the design of the two new townhouses which are to be built on the land to the immediate north of the site. The drawings submitted with the application helpfully show this relationship.
6. The proposed building will be set back further into the site than the existing townhouses on Derby Square to the south, which have more of a frontage with the road. It will also be set further back than the new townhouses to the north. This siting arrangement is actually considered to be appropriate because it will retain something of the formal front garden to Vine Villa which currently characterises the site.

1. The design of the proposed building is considered to be appropriate to the site and wider Conservation Area. The more modern approach to the architecture at the rear is similar to the approach taken to the design of the new townhouses to the north. This is considered appropriate because the rear elevation will only be seen from Derby Square Lane where there is no particular uniformity in design and style. The rear elevation is considered well conceived and would provide an interest contrast to the much more traditional approach taken to the front of the building.
2. Having considered all of the above and on balance, it is considered that the demolition of Vine Villa and its replacement with the proposed building would fulfil the requirements of paragraph 7.32 .2 of the Strategic Plan. It is considered that the proposal represents an opportunity to enhance this particular part of the Windsor Road Conservation Area.

Conditions

1. A condition is recommended preventing demolition of Vine Villa until such time as a contract has been let for the redevelopment of the site in accordance with the approved plans for the associated planning application. This will prevent the buildings being demolished and the site lying dormant and derelict.

Recommendation

1. It is recommended that approval is granted.

Party Status

1. The following parties should be afforded interested person status:

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.

1. The following parties should NOT be afforded interested person status:

Victorian Society - is not recognised as having interested person status.

Recommendation

Recommended Decision: Permitted

Date of 09.12.2013

Recommendation:

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

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