Registered Building Consent for the demolition of dwelling and shop (in association with 14/00362/B)
Site Address:
1 & 1A Derby Road Douglas Isle Of Man IM2 3EU
Case Officer:
Mr Edward Baker
Photo Taken:
Site Visit:
16.04.2014
Expected Decision Level:
Officer Delegation
The Application Site
The application site is No. 1 and 1A Derby Road, Douglas. The site is situated on the corner of the junction of Derby Road with Derby Square. It has a frontage to both roads. The site was formally occupied by a traditional period two and a half storey detached dwelling. However, the dwelling has been in a poor state of repair and was recently demolished following the issuing of an emergency demolition notice by the Department of Infrastructure's Building Control service. The site has been cleared and is currently being used to facilitate the development of the adjacent site, Nos. 2 - 4 Derby Square, for the erection of two town houses (09//01624/B). Both the application site and adjacent site are owned by the same developer.
The site is bounded by highway on its north (Derby Road) and west (Derby Square) sides. Immediately to the other side of the road to the north is an area of open space. To the opposite side of the road to the west is the end of the Victorian terrace on the north side of Derby Square. To the south of the site is No. 2 - 4 Derby Square which has been cleared and where construction is taking place for the erection of the two town houses. The east (rear) of the site backs onto Derby Square Lane from which the site enjoys rear vehicular access. Beyond this further to the east and behind a substantial stone wall is the bowling green and grounds of the Villa Marina. At the rear of the site, on the corner of Derby Road with Derby Square Lane is a single storey shop. This is in separate ownership to the application site and adjacent land.
The site is located within the Windsor Road Conservation Area
The Proposal
The application seeks Registered Building Consent for the demolition of the original dwelling on the site and shop. Since the buildings have already been removed, retrospective approval is being sought.
It should be pointed out that the dwelling was not registered - Registered Building Consent is required because it involves demolition in the Conservation Area.
Additional photographs of the original dwelling and shop, a structural report and demolition plan have since been provided by the applicant. These have been circulated for information.
The Planning Authority is also currently considering an application for planning approval for the erection of a replacement dwelling on the site (14/00362/B).
The application follows pre-application discussions with the planning officer and conservation officer.
Planning History
The following applications are considered noteworthy in relation to the consideration of the current application:
Application Site:
08/01548/C - approval granted for change of use of the original dwelling to temporary overnight accommodation.
14/00362/B - the Planning Authority is currently considering an application seeking planning approval for the erection of a replacement dwelling.
Shop (at the rear of the Site):
08/01044/C - approval granted at appeal for change of use of shop to a complementary therapy unit.
Nos. 2 - 4 Derby Square:
09/01624/B - planning approval granted in April 2010 for the demolition of existing commercial buildings and the erection of two town houses. The buildings have been demolished and it is understood that the planning approval was implemented within the four years required by condition 1 of the approval.
14/00390/B - the Planning Authority is currently considering a fresh application for the erection of two town houses on the site. The proposal is effectively an amendment to the early approved scheme.
Planning Policy
The site is identified as being within a predominantly residential area by the Douglas Local Plan 1998.
The application site is within the Windsor Road Conservation Area designated in September 2003.
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.'
'The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area.'
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
Douglas Borough Council - no objection.
Owner/occupier of No. 22 Terence Avenue, Douglas - comments as follows:
The dwelling has already been demolished and so there has been a breach of planning control.
The indication of the site levels seem to be grossly inaccurate. This will have an impact on the overall height of the building and the design could be disproportionately large for the immediate environs.
The gradient of Derby Square has been exaggerated by between 0.5 and 1 metre from the front of the remaining shops in Derby Road to the entrance to Derby Square.
Owner/occupier of No. 33 Ballaquark, Douglas - comments as follows:
Fails to see how demolition complies with the requirement to protect and maintain the historical or architectural merit of the building for which it is registered.
What is the point of registering any buildings if they can be demolished? The legislation might as well be scrapped.
They have no direct interest in the land or application, only a professional academic interest.
Assessment
The application seeks retrospective Registered Building Consent for demolition of the original dwelling and shop, which were recently removed because of the dwelling’s poor condition following the issuing of an emergency demolition notice by the Department of Infrastructure’s Building Control service. The original dwelling was a pleasant looking building although it had seen better days and structurally it had problems.
It is considered that the dwelling and shop did not make a positive contribution to the Conservation Area. Their demolition is acceptable provided that the site is suitably redeveloped. The Planning Authority is currently considering a planning application for the erection of a replacement dwelling on the site, which the planning officer deems is acceptable. Provided that the Registered Building Consent for demolition is linked to this scheme, it is felt that the demolition of the original dwelling and shop would be acceptable.
The third party’s comments about the accuracy of the plans relates to the redevelopment proposals and not to the actual proposal for demolition.
Recommendation
It is recommended that approval is granted.
Party Status
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 Service is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d.
The following parties should NOT be afforded interested person status:
Owner/occupier of No. 22 Terence Avenue, Douglas - not an immediate neighbour
Owner/occupier of No. 33 Ballaquark, Douglas - not an immediate neighbour
Recommendation
Recommended Decision: Permitted
Date of 05.06.2014
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
C 1.
The site shall be redeveloped in accordance with planning approval 14/00362/B. Construction shall commence on redevelopment of the site in accordance with this planning approval by 01 September 2014 or such other time scale to be agreed in writing by the Planning Authority in advance of this date. The redevelopment scheme shall be substantially completed by no later than 01 July 2015.
Reason: In the interests of the character and appearance of the area, demolition of the original dwelling has only been found to be acceptable provided that the site is suitably redeveloped.
This approval relates to Drawing Numbers 01 (site location plans) and 03 (west elevation of original dwelling) received on 04 April 2014; and Drawing Number 05 (site location and demolition plans), photographs of original dwelling and Condition Report produced by John Gray Consulting received on 29 April 2014.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : PermittedDate : 12/6/14
Determining officer (delete as appropriate)
Signed : ... Chris Balmer Senior Planning Officer
Signed : ... Michael Gallagher Director of Planning and Building Control
Signed : ... Jennifer Chance Head of Development Management
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