DEC Officer Report

Application No.: 21/01120/CON Applicant: Manx National Heritage Proposal: Registered Building consent for demolition of rear extension, alterations and repair to former yard wall, Registered Building Number 27 Site Address: Former Police Station The Quay Castletown Isle Of Man IM9 1LD Registered Buildings Officer: Mr Ross Brazier Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.12.2021 _________________________________________________________________

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.

• C 2. Details of Works to Registered Building Prior to the commencement of each phase of work, No works shall take place on those elements listed below until details of the following items, as agreed following consultation with the Registered Buildings Officer have been submitted to and approved in writing by, the Department:

• a) Repair methodology for the stone wall to be exposed including detail including sample of proposed lime mortar mix and pointing
• b) Method statement for the widening of the doorway
• c) Details including material and finishes of proposed new door
• d) Details including materials and finishes of proposed new steps to link to proposed courtyard behind Derby House
• e) Details including materials and finishes of interim hard landscaping to area of demolished building The works shall not be carried out unless in accordance with the approved details. Reason: To ensure the satisfactory preservation of this registered building.

This application has been recommended for approval for the following reason. The proposals are considered to be in accordance with the Strategic Plan policies, Policies RB/3 AND RB/5 of Planning Policy Statement 1/01 and are acceptable.

Plans/Drawings/Information; This decision relates to the following: All drawings, photographs, structural report and planning statement received on 21.09.21 241_Castletown Police Station o Castletown o Manx National Heritage

• 01 LOCATION PLAN
• 02 SITE PLAN
• 03 EXISTING GROUND FLOOR PLAN
• 04 EXISTING NORTH ELEVATION
• 05 EXISTING WEST ELEVATION
• 06 EXISTING EAST ELEVATION
• 07 EXISTING SECTION AA
• 08 PLANNING STATEMENT
• 09 PLANNING STATEMENT
• 10 PLANNING STATEMENT
• 11 PROPOSED GROUND FLOOR PLAN
• 12 PROPOSED NORTH ELEVATION
• 13 PROPOSED WEST ELEVATION
• 14 PROPOSED EAST ELEVATION
• 15 PROPOSED SECTION AA _______________________________________________________________

Interested Person Status

Additional Persons

DOI Highways have not indicated any land that they own that would be impacted on by the development and are not afforded IPS as a Government Department under the RB Regs. _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The former police station is designed by the internationally renowned Arts and Crafts architect Mackay Hugh Baillie Scott, and was completed circa 1901. The buildings is located within the Castletown Conservation Area. THE PROPOSAL - 2.1 The proposals seek to demolish the modern kitchen and interview room extension and its associated services, re-pointing the exposed stone wall and widen the rear entrance and providing a new door (in association with 21/01121/GB). PLANNING POLICY - 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

• (3) In considering —

• (a) whether to grant planning approval for development which affects a registered building or its setting, or
• (b) whether to grant registered building consent for any works, the relevant 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. S18 Designation of conservation areas

• (4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;

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: The condition of the building; 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); The adequacy of efforts made to retain the building in use; and the merits of alternative proposals for the site.

• 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.
• Environment Policy 33: The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest.
• Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.

Environment Policy 39: The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area.

3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY 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).

• POLICY RB/5 ALTERATIONS AND EXTENSIONS 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.

• POLICY RB/6 DEMOLITION There will be a general presumption against demolition and 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 an 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 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.

POLICY RB/8 ACCESS FOR PERSONS WITH DISABILITIES It is important in principle that persons with disabilities should have as dignified and easy an access to historic buildings as is reasonably possible. If this consideration is treated as part of an integrated review of access requirements for all visitors or users, it should be possible to plan suitable access for such persons, without compromising a building's special qualities. Alternative routes or re-organising the use of spaces may achieve the desired result, without the need for damaging alterations. Innovative solutions, such as de-mountable structures, may be possible, thus giving ready access to the building for all users, without disfiguring destruction of historic fabric.

POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS 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 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.

PLANNING HISTORY

4.1 The building has been the subject of a number of applications for alterations including the following: Reference Number: 85/00919/B Status: Permitted Proposal: Alterations and extension to form interview room, canteen and W.C., Police Station, The Quay/Castle Street, Castletown

Reference Number: 92/00596/B Status: Permitted Proposal: Erection of TV aerial, Castletown Post Office/Oddfellows building, Castle Street, Castletown.

Reference Number: 99/01688/GB Status: Permitted Proposal: Alterations to Castletown Police Station

Reference Number: 10/01872/CON Status: Permitted Proposal: Registered Building Consent for external maintenance works and internal alterations

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Castleton Commissioners stated that they were supportive of the application (29.10.21).

5.2 DOI's Highways Division stated they have no interest in the application (06.10.21).

• 5. 3 Manx National Heritage (MNH) were consulted on the application (19.10.21), however no comments were received. ASSESSMENT
• 6.1 The issues in this case are whether the proposed alterations to the building will preserve the registered building or its setting or any features of special architectural or historic interest which it possesses and whether it will preserve or enhance the Conservation Area's character or appearance.

6.2 The building is of clear architectural and historic interest being designed by Mackay Hugh Baillie Scott in a romantic arts and crafts style. It is located opposite Castle Rushen and is surrounded by other registered buildings and is adjacent to Derby House. It is the grouping of these registered buildings which gives this part of the conservation area its character, a group of Georgian and earlier buildings set round a square with lanes off down to the harbour set within the backdrop of Castle Rushen.

6.3 The Applicant has described and assessed the significance of the building and impact of the proposals upon the special interest of the building and character and appearance of the conservation area.

6.4 The building retains its original form and appearance externally with the exception of the addition which this application seeks to remove. The building has undergone some internal alteration to the building but some historic detailing remains. The proposals seek to remove a rear extension to the building that built in 1985 for which planning approval was granted. The extension is utilitarian in appearance and does not contribute to the special interest of the building nor the conservation area. The removal of the extension will return the building to its original form and will expose the original external wall which is currently now an internal wall. It is considered that the enlargement of the original opening within the historic external wall will have limited impact upon the significance of the building and the benefit of turning the building to its original form and providing better access is outweigh by any harm. CONCLUSION - 7.1 The proposals are considered to be in accordance with the Strategic Plan policies, Policies RB/3 AND RB/5 of Planning Policy Statement 1 they will preserve the building and the character of the conservation area and the application is therefore recommended for approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o Manx National Heritage, and
• o 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 the Director of Planning and Building Control 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 : 23.12.2021 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

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