DEC Officer Report

Application No.: 21/00343/CON Applicant: Milntown Esate Proposal: Registered Building consent for the proposed demolition of existing outbuildings, erection of replacement wall, parking arrangements, replacement bay window and erection of new timber shed (in association with 21/00338/GB) Registered Building Nos. 168 Site Address: Wall Cottage Milntown Estate Glen Auldyn Ramsey Isle Of Man IM7 2AB Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.05.2021 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

This application has been recommended for approval for the following reason.

It is recommended that the planning application be approved due to complying with RB/3 and RB/5 of Planning Policy Statement 1/01 and Environment Policy 30, 32, and General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to drawings referenced; topographical survey; 00, 01 submitted digitally and received on 25th March 2021. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the residential curtilage of Milntown Mansion, Glen Auldyn, Ramsey, which is a large detached property set within substantial grounds, located on a corner plot with Lezayre Road to the north and Glen Auldyn Road to the west of the site. - 1.2 Within the ground of the estate is a stone two/three storey detached mill building, which is sited approximately 90+ metres south-west of Milntown Mansion and is surrounded by a collection of properties (two dwellings and garaging) all being within the Milntown Estate. - 1.3 Adjacent to Glen Auldyn road (west of the site) is a 3.6m high stone wall that has been rendered over for 11m of its length. This acts as the back wall of an outbuilding and sits between two timber gate ways leading into this part of the estate. The outbuilding serves the adjacent bungalow as an outbuilding for storage and a section that has been extended at some point that is large enough (length wise) to be used as a garage. The existing timber gate is the only access into the bungalows front elevation and the outbuilding.

2.0 THE PROPOSAL - 2.1 Proposed demolition of existing outbuildings, erection of replacement wall adjacent to the highway, parking arrangements, replacement bay window and erection of new timber shed (in association with 21/00338/GB) - 2.2 The scope of works would see the demolition of an outbuilding and the removal of a boundary roadside wall to which it is attached. In its place the erection of a timber framed and cladded shed building 3.0m x 5m with a pitched felt roof of a smaller footprint than the existing on a concrete base. The boundary wall would be rebuilt at 2.2m high, using a block work but using the Manx stone from the existing boundary wall to face/ finish the roadside elevation 200mm thick in traditionally laid Manx stone and rendered on the inside. The proposed wall could continue to block up the existing highways access to the cottage off Glen Auldyn Road and installation an internal gateway in the existing stone wall to the south of the curtilage. - 2.3 Also included in the application is to the front elevation of the adjacent cottage to replace the existing timber framed bay window and (lower part) and on the existing footprint the construction of a facing brick dwarf wall and the fitment of a timber framed glazing. - 2.4 The application is accompanied with a flood risk statement outlining best practice measurers to mitigate any flood risk. - 2.5 In support of the demolition of the wall/ building is a structural engineers survey of the wall which specifically identifies the bulge in the wall adjacent to Glen Auldyn Road; is protruding in excess if 100mm and the render 'cut away' has been exposed to show the manx stone beneath. Behind the bulge is a chimney stack and fire place which is showing signs of structural cracking, the stack above roof level has been removed and tiled over. Water ingress has penetrated the Manx stone, washing away the grout and desiccating the stone used. "The extent of the deterioration that has occurred to the wall/stone indicates that the wall is failing in this area and represents a danger of collapse. I recommend that the wall is locally dismantled and reinstated as a matter of urgency".

3.0 PLANNING POLICY - 3.1 The application site is within an area recognised as being an area of 'Low Density Housing in Parkland', under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance. The property is also a Registered Building (nr 168). The site is also identified as being within an area of "High flood risk zone - river and tidal" on Govt's flood hub maps.

3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.3 Strategic Policy 4 states: "Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead unacceptable environmental pollution or disturbance."

3.4 General Policy 2 states (in part):"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality;

3.5 Environment Policy 30 There will be a general presumption against demolition of a Registered Building. In considering proposals for demolition or proposed works which would result in substantial demolition of a Registered Building, consideration will be given to:

• o the condition of the building;
• o the cost of repairing and maintaining it in relation to its importance and the value derived from its continued use (based on consistent long-term assumptions);
• o the adequacy of efforts made to retain the building in use; and
• o the merits of alternative proposals for the site.

3.6 Environment Policy 32 Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted. - 3.7 Planning Policy Statement 1/01 RB/3 General Criteria Applied in Considering Registered Building Applications. The issues that are generally relevant to the consideration of all registered building applications are:

• o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
• o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
• o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings)."

3.8 RB/5: Alterations and Extensions states: "In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered Building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

3.9 POLICY RB/6 DEMOLITION "There will be a general presumption against demolition. … Consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of a historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:

• o 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 assessment 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;
• o The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have 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.
• o 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 a 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."

3.10 POLICY CA/6 DEMOLITION "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 is 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."

4.0 PLANNING HISTORY - 4.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

5.0 REPRESENTATIONS - 5.1 Lezayre Parish commissioners commented (07/05/2021) with no objection. - 5.2 Highways Services have commented (16/04/21) with no objection - 5.3 Manx National Heritage commented (20/04/21) advising on the potential presence of bats in the existing building.

6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are whether the existing single storey lean to storage/ garage and boundary wall should be retained if it makes a positive contribution to the character or appearance of the Conservation Area. - 6.2 In the planning application it was considered that the removal of the building / boundary wall would be acceptable. The existing building is in a poor state of repair and is not an original form of development, rather an 'add on' from the past. The proposed buildings design, finish and appearance could be considered to have a neutral impact on the existing bungalow and that of the larger dwellinghouse that is registered. Therefore in relation to the demolition aspect, it is deemed acceptable without impacting on the registered building. - 6.3 The merits of the replacement structure are considered within the accompanying planning application ref. 20/00338/GB.

7.0 CONCLUSION - 7.1 The proposed demolition would comply with aforementioned policies and is recommended for approval.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application;
• (c) Manx National Heritage; and
• (d) The local authority in whose district the land the subject of the application is situated

8.2 In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 18.05.2021 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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