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Application No.: 15/01318/CON Applicant: Mr Roy & Mrs Susan Tilleard Proposal: Application for the de-registration of Lorne House (12/00269/REGBLD) in accordance with 7(1)(a) of the (Registered Buildings) Regulations 2013 Site Address: Lorne House Douglas Street Castletown Isle of Man IM9 1AZ Case Officer : Mr Stephen Moore Expected Decision Level: Minister/ Dept delegated to issue by the Director
1.1 In November 2015, the Department determined to register Lorne House, Douglas Street, Castletown. In doing so, it determined that the extent of the registration should include the curtilage of Lorne House, including its gardens. That registration was challenged on the basis that the Town and Country Planning Act 1999 allows only for the registration of buildings and not of any land surrounding the building. Following the receipt of legal advice confirming this to be the case, the Department needs to formally de-register the building as there is no mechanism within the Act to amend a registration. The Department is able to reregister the building, but needs to go through the appropriate procedures as set out in Schedule 2 of the Town and Country Planning Act 1999 and the Town and Country Planning (Registered Buildings) Regulations 2013. It is therefore appropriate to secure the preservation of the building in the meantime, by serving a Building Preservation Notice, as although its presence within a Conservation Area affords some protection, this would not extend to any internal features of merit.
2 What is the purpose of Registration?
2.1 Registration identifies and protects a building which has been deemed historically and/or architecturally important. In doing so, registration protects those parts of a building's character from unsympathetic change or in the worst case, demolition. In practice, this means that Registered Building Consent is required for any alteration in a way which would affect its special architectural or historic character, whether inside or outside the building. It may well be however, that a building or site can sustain a degree of sensitive change, especially if this will lead to an extended lease of life and particularly where there will also be wider benefits in terms of urban regeneration or the economic viability of rural areas through suitable and appropriate alteration or re-use. Indeed, many old buildings already bear the clear imprint of changes made by later generations and they are often more attractive on that account. What is essential is that any changes made are of a quality which future generations will respect and admire.
3 The Statutory Provision for Registration
3.1 The statutory provisions for registration are set out in Section 14 of the Town and Country Planning Act 1999 ("the Act").
4.1 In 2008, the Isle of Man Natural History & Antiquarian Society wrote to the then Department of Local Government & the Environment ("DOLGE") suggesting that the house should be entered on to the Register. The Society's call for inclusion of the building onto the Register was also supported by the Georgian Group who wrote at the same time to DOLGE and requested that Lorne House be entered onto the Register.
4.2 In line with Policy - RB/2 Identification of Buildings for Registration (refer to Paragraph above) and pending registration, DOLGE issued a Building Preservation Notice in respect of Lorne House in February 2008. At that time, the property owner, Mr Roy Tilleard, indicated his acceptance of the proposed Registration. - 4.3 The Building Preservation Notice however expired in late June 2008 by which time the registration of the building had not been completed. Instead, and following agreement by DOLGE, the Department's Conservation Officer worked closely with the property owner to ensure any new proposed works to the property did not impact upon the historic integrity of the building. The 2012 Registration Application - 4.4 In 2012, the Department of Infrastructure's Member for Planning, Mr Quayle MHK, agreed that work to place Lorne House onto the Protected Buildings Register be recommenced. As a result a notice of proposal to register Lorne House was published on 26th March 2012 and was subject to a period of 21 days public consultation. - 4.5 During the consultation period, the property owners confirmed that, "…. there is no considered objection to the principle of registration of Lorne House…." - 4.6 However, registration was not progressed as officers instead became engaged in preapplication discussions with the property owner and his agents in respect of a number of alternative development proposals within the grounds of Lorne House as agreed by the then Director of Planning & Building Control. - 4.7 The discussions did not materialise into any formal planning applications being submitted the effect of which was that, once again, the property's registration was not confirmed. The 2015 Registration Application - 4.8 In 2015 the Department became aware that Lorne House was being actively marketed for sale both by Quayles’ online Estate Agency and on the Zoopla property website. - 4.9 In light of the above, it was becoming clear that there was an increasing risk to the historic integrity of Lorne House and its surroundings if registration of the building was not undertaken. - 4.10 As such, and as Lorne House was within the then Minister's constituency, Mr Cretney MLC in accordance with the provisions of section 3(2) of the Government Departments Act 1989 (Refer to Appendix 1) consequently approved that Officers re-commence the process of registration.
4.11 A Notice of Proposal to Register Lorne House was subsequently placed in The Courier newspaper on the 4th September 2015 and public notices were also displayed on site. The Notice provided for a 21 day consultation period and importantly highlighted that an amended 'Registration' boundary was being proposed as compared to that proposed by the 2012 Registration Application. - 4.12 The Department received one response from Manx National Heritage in support of the registration application during the consultation period. However, the property owner objected to the registration. In a response dated 21st September 2015, the property owners' agents stated: "The owner is content that the building itself and the immediate garden are incorporated on the list and has carried out significant refurbishment works with approval to ensure that the fabric of the building is maintained in good order. There is a significant concern that the registration proposes to include the kitchen garden and field adjacent to the property. Historically, the owner has employed CgMS and through them Durham University to carry out both non-invasive and invasive archaeological exploration digs to establish the interest on the field. The results of these have been published and issued to Manx National Heritage who has confirmed that they have no interest in the property. Accordingly the registration of the fields and the kitchen garden are STRONGLY objected to by the owner. He recognises the importance of Lorne House in its walled garden environment and welcomes the proposals in this respect." - 4.13 Having weighed and balanced both the consultation responses received and the supporting information for registering Lorne House, on 17th November 2015, the Department agreed to enter Lorne House onto the Protected Buildings Register.
5.1 On 4th December 2015, the Department received an application to remove (i.e. DeRegister) Lorne House from the Register. In making the application, and while accepting that the building and the entrance gate/wall and turret should be entered onto the Register, the property owner:
5.2 The Department subsequently placed a Notice of Proposal to De-Register Lorne House in The Courier newspaper on 8th December 2016 and public notices were also displayed on site with the notice providing a 21 day consultation period for the receipt of comments etc. - 5.3 The Department received 18 consultation responses all of which objected to the proposal to de-register the building. In summary, the following points were made as principal grounds for objecting to its removal:
5.4 On 5th February 2016, the Department received correspondence from the property owner's advocates stating that following further consideration of the Department's registration of the building on 17th November 2015, it was of the opinion that the Department had acted
6.1 It is recommended that the building, garden and adjacent field be de-registered and simultaneously a Building Preservation Notice be issued for Lorne House dwelling and the entrance archway. Such a Notice, which will be in place for a maximum period of four months, protects the building from alteration or demolition as if it were included on the Protected Buildings Register. During that time the process of re-Registration would begin.
6.2 It is important to state that at all times until any new registration is confirmed, the building and the pertinent aspects of the site will be protected in law from demolition or alteration. Furthermore, protection to the grounds of the property will be afforded by its inclusion within the Castletown Conservation Area (designated in 1990) and as such, any future planning applications at all times will be considered on the basis of the impact of the proposals on the setting of a Registered Building and the character of the Conservation Area and the corresponding policy test of 'preserving and/or enhancing' the Conservation Area. - 7. Party Status
Recommended in accordance with 9(3) Town and Country Planning RB Regulations and GC 46/13
Consultee – Party status Local Authority MNH IOM Natural History & Antiquarian Society
Private representations, abutting the site and therefore accorded party status Lorne House Lodge Coach House Cottage The Malt House 2 & 5 Bridge Street Stable Cottage
Recommendation Recommended Decision: Permitted Date of Recommendation: 01.02.17 Reasons for Approval R : Reasons for approval
The Department has determined to place the registration on a secure legal footing and therefore redefine the protected building status to the footprint of Lorne House dwelling and the entrance archway, only.
Decision Made : Permitted Date : 01.02.2017 Decision made by the Department/Minister on 1 February 2017. Decision to be issued by the Director
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