Repair Notice relating to Former Newson's Trading Building

Summary

The request sought all information regarding the decision to issue a Section 33 Repair Notice for the Former Newson's Trading Building, including communications and the rationale for not issuing a Section 32 notice. The Department of Environment, Food and Agriculture disclosed an enforcement assessment report detailing the building's condition, historical significance, and recommended actions, though not all requested information was held.

Key Facts

• The Former Newson's Trading Building at 27-28 North Quay is a registered protected building dating to the end of the 18th Century.
• The building is currently vacant and sections of the adjacent streets are closed due to safety concerns regarding its condition.
• An enforcement assessment dated 21 November 2021 recommended serving a Repairs Notice under Section 33 of the Town and Country Planning Act 1999.
• The assessment also recommended seeking an injunction to prevent anticipated unauthorized demolition works.
• The Department noted that Enforcement Notices and Stop Notices could only be issued if demolition works actually commenced.

Data Disclosed

• 24 November 2021
• 21 November 2021
• 22 November 2012
• 27-28 North Quay
• IM1 4LE
• 21/00203/CUD
• RB289
• 18/01333/GB
• 18/01330/CON
• Section 33
• Section 32
• Town and Country Planning Act 1999
• Building Control Act 1991
• Town and Country Planning Act 1990

Original Request

All information relating to the decision to issue a repair notice under Section 33 Town and Country Planning Act 1999 in respect of the registered building 27-28 North Quay, Douglas, Isle Of Man, IM1 4LE (Former Newson's Trading Building) and dated 24 November 2021 ('the Repair Notice'). Seeking information including all internal and external communications including letters, emails, phone calls or by other means, submissions made relating to the Repair Notice, visit reports, site inspection reports, meeting minutes, committee minutes and officer recommendation reports relating to the consideration, details of the conclusion to issue the Repair Notice and any other related information to the Repair Notice. Further, information is sought whether the Department considered the issuing of a notice under Section 32 Town and Country Planning Act 1999, and if this was considered why the Department decided not to issue a Section 32 notice, but issued a Section 33 Repair Notice instead.

Data Tables (3)

Full Response Text

Enforcement Assessment

Enforcement reference 21/00203/CUD Subject Potential Demolition of Registered Building Site Newsons 27-28 North Quay Officers

Date 21 November 2021

Recommendation – : 1. Note the update in respect of the potential for a breach of planning control and registered building control.
2. At this stage and based on the information available that demolition will be undertaken on the 22 November 2012 the following action is recommended; a) injunction is sought as it is the only method available in the following circumstances, to;
(i) prevent anticipated unauthorised works, and (ii) remedy damage where there is a sense of urgency for example where if urgent remedial action is not taken soon further degradation is likely, (if it does commence)
b) Serve Repairs Notice under Section 33 of the Act to properly preserving the building (based on the works set down the MannWilliams Report and require re-roofing of no 27)

1. Should demolition commence; c) Issue Enforcement Notices (Planning and Registered Building) and a Stop Notice – with wording appropriate the level of work undertaken at the time of issue. It should be noted that these can only be issued when works are being carried out.

1.0. INTRODUCTION
1.1. This report sets out the options and recommendation in relation to the works currently being undertaken to facilitate the demolition of the 27/28 North Quay (Newsons), North Quay, Douglas.
1.2 Please note that while there are references to Building Control Act 1991 the recommendations of this report is made with the limits of the Town and Country Planning Act 1990 and the associated legislation, albeit the requirements of the Building Control Act and safety issues are capable of being a material consideration in considering whether or not action should be taken and if so what type. 1.3 The Department has a general discretion to take enforcement action, when it is considered appropriate and expedient to do so in the circumstances. Any action taken must meet the tests as set out in government guidance and be proportionate to the breach of planning control to which it relates. Formal enforcement action will not be considered appropriate in every case.

2.0 THE SITE 2.1 The existing No. 27 property consists of a traditional four-Storey warehouse building facing both North Quay and Queen Street to the rear, and is constructed of Manx stone walls under a pitched slated roof.
2.2 The property at No28 consists of a traditional two-storey building (with small cellar), which is currently accessed via No.27. The building is constructed of rendered and painted Manx stone walls under a pitched slate roof, and forms the corner of the junction of North Quay with Queen Street. The existing building has undergone significant alteration to its openings in the past. 2.3 The buildings are currently vacant and not in active use. 2.4 Currently, there are sections of North Quay and Queen Street which have been closed off with fences due to safety concerns of the condition of the building. There is also a road closure order in place for the emergency works. 2.5 The buildings are on the Protected Buildings Register (RB289) by reason of their special architectural and historic interest. Full details can be found here https://www.gov.im/media/1360386/1700289regbld-consultees- registration-notice-160418.pdf 2.6 The buildings are the oldest on north quay and the only remaining warehouse on the quayside, they date to the end of the 18th Century and are a surviving remnant of old Douglas which was largely cleared in the late 19th and early 20th centuries.

3.0. BACKGROUND AND COMMENTARY Extant Planning and Registered Building Approvals Nos 27 - 28 18/01333/GB & 18/01330/CON 3.1. The proposal is to convert the ground and 1st floor into a bar/restaurant. The ground floor would have the kitchen (with staff entrance into Queen Street created by expanding a previous window), restaurant seating within 27 and a linked bar area within 28 (including door opening to the Eastern elevation replacing the existing window opening). The first floor would have restaurant seating. The 2nd and 3rd floors (No. 27 only) would be used for a Business Club/Hot Desk. No parking is proposed, although bicycle and bin storage would be provided by the adjacent and linked development at No 25-26. A fire exit would be provided to Queen Street. There are a number of original openings to Queen Street which have been blocked up and would be re-opened. 3.2 To the North Quay elevation the ground floor window of No.28 would be replaced by two windows and a door. A previous window opening would be reused and the window to the Western side of No.27 would be replaced with two new openings. The central column openings would be reconfigured. 3.3 The existing external walls which are Manx stone would be cleaned and repointed. Existing render would be hacked off and re-rendered using smooth finish lime applied to the substrate stone. The historic corbel course is to be reinstated. The gable to the historic loading bay is to be re-clad in treated timber. The timber 'winch housing' is to be reinstated. 3.4 The existing slate roof to No.27 is to be stripped and re-laid over existing timber roof structure. Existing slates to roof of No.28 to be repaired (this historic diminishing slate roof has now been lost, as it was in such bad repair it had to be taken down sue to slates falling on pedestrians). 3.5 Replacement windows are to be double glazed timber framed windows are to be used. Windows to be retained (Queen Street elevation) would be repaired in-situ and re-glazed with new opaque single glazed panes.
Doors will be timber. Gutters and downpipes to be polyester powder coated aluminium in dark grey colour. 3.6 The application is accompanied by a Structural Assessment Report by the Morton Partnership (October 2018). This considers the condition of the existing buildings and the structural implications of the proposals. It concludes in relation to 27 and 28 North Quay that "the imposed loading for the proposed use is less than original, therefore the structure is deemed to be able to transfer the propose load) (4.2.2.5).
3.7 These alterations were considered acceptable to bring the Registered Buildings back into a productive use.

Current Situation 3.1 On 12th November (15:19) 2021 the Head of Building Control was sent a Report by the agent acting for the owners carried out by STRUCTURA Consulting dated November 2021. The executive summary states “ that significant movement has occurred since the Morton report dated 2018 and is likely to continue without any practical or successful way of arresting the movement. We therefore consider that both buildings are structurally unstable and in danger of imminent collapse”. Section 4.0 Conclusions 27 and 28 North Quay elaborates further on each building “We are aware of the Registered Status of 28 North Quay however due to the condition of the building, the poorly executed alterations and lack of bond between the external walls of the building, and its likely imminent collapse we do not consider that the building can be safely retained.” And “We are aware of the registered status of 27 North Quay however, we are of the opinion that the building has experienced significant movement and fabric of the building is inherently flawed and therefore we do not consider that any remedial or strengthening work could be undertaken that would prevent further ongoing movement of the external walls of 27 North Quay. We therefore consider that the building is structurally unstable and cannot be stabilized in the long term and therefore we would recommend demolition of the building be undertaken as a matter of urgency.” 3.2 A site meeting was carried out on the 15th November 2021, at which the Structural Engineer reiterated that it was his opinion that the building was “in danger of imminent collapse”. The owner’s Health and Safety advisor stated that in his opinion a road closure order should be sought to extend the hoarding, to facilitate an increase to public safety and provide a larger work area for contractors. Douglas Borough Council advised that as the public safety issue had been addressed with the erection of the hoarding (which was to be extended) they were satisfied. 3.3 The owner and all parties were advised that the carrying out any works was done so at their own risk and that commencement of the works prior to that date is a breach of planning and registered building control which is an offence.
3.4 Following the meeting on 15th November emails (15, 16 and 17 November) were sent to the owner requesting further information. A response was received on 19th November with an addendum to the STRUCTURA Report. 3.5 Discussion with Head of BC (DEFA) 19.11.21 who has confirmed that a Notice of an Intention to Demolish a Building (S26 of the Building Control Act 1991) has been submitted to the Department for processing. The Registered Buildings Officer was consulted as part of the process.
3.6 The Department appointed a structural engineering consultant review the building from an independent stand point, and also carry out a review of the information submitted by the owners. A site inspection and meeting with the owners Structural Engineer and builders took place on 20th November 2021. 3.7 At the meeting it was his opinion that building is fairly robust and is not in an imminent danger of collapse. It was acknowledged that some parts of both buildings do need addressing and he identified 3 main local defects, and some water ingress at which would need to be addressed in the short term. However he was of the opinion that they were capable of remedy. 3.8 These were;  The south east corner of no 28;  Local separation of the main south wall to no 27 at the west gable junction;
 Roof level no 27 some movement to the east gable; and  Some local decay of roof purlins caused by water ingress. 3.9 This information was conveyed to the owners and other interested parties on 21 November 2021 and that on the basis of the above and the discussions held on site the Department is now considering its options under the Town and Country Planning Act 1999 (the Act). 3.10 The Structural Engineer’s (appointed by the Department) final report is attached, which concludes ‘we would state that no evidence has been identified that would support a case for the demolition of number 27 and 28 North Quay and the building is not in danger of imminent collapse as stated by Structra Consulting Ltd.’ And also recommends some temporary/short term measures pending some more permanent repairs.
3.11 It is not normally the role of the planning authority to deal with emergency safety situations these provisions are set out in the Building Control Act 1991 Section 22 Dangerous buildings and 23 Dangerous Buildings: emergency measures. Decisions made in relation to this Act in this instance lie with Douglas Borough Council. At the meeting of 15th November Douglas Borough Council advised that as the public safety issue had been addressed with the erection of the hoarding (which was to be extended) they were satisfied and the Head of Building Control DEFA (19 November) confirmed at that time he had not received anything in writing from them regarding this matter.

3.12 The Registered Buildings Officer has sent them a copy of MannWilliams report (21.11.21).

4.0 RELEVANT LEGISLATION 4.1 The following legislation is relevant:  Town and Country Planning Act 1999;
 Section 6: Meaning of Development  Section 15 Control of Works affecting registered building as amended by Town and Country Planning (Registered Buildings) Regulations 2013 in relation to demolition of buildings in conservation area  Section 23 Breach of Planning Control  Section 26 Enforcement Notice  Section 27 Stop Notice  Section 31 Registered Building Enforcement Notice  Section 32 Urgent Works to Preserve unoccupied buildings  Section 33 Compulsory acquisition of registered building in need of repair  Section 37 Injunction  Schedule 4 Enforcement Notices  Schedule 5 Registered Building Enforcement Notices  Schedule 6 Urgent Works to Preserve unoccupied buildings  Schedule 7 Repairs Notice

 Town and Country Planning (Registered Buildings) Regulations 2013.

4.2 The Act allows for prosecution in relation to any breach of planning control, in the first instance (Section 23). Schedules 4 and 5 provide for the service of Enforcement Notices and Registered Building Enforcement Notice, respectively.
4.3 Part 8 of Schedule 5 sets down the grounds of appeal against a Registered Building Enforcement Notice, notably; (c) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, that it was not practicable to secure safety or health or the preservation of the building, as the case may be, by works of repair or works for affording temporary repair or shelter and that the works carried out were limited to the minimum measures immediately necessary; [my underlining]

5.0 THE BREACH OF PLANNING CONTROL 5.1 The demolition of a building attached to another building is development as defined under Section 6 (e) (i) for which planning approval is required.
5.2 As the building is a Registered Building consent is also required under Section 15 (as amended by the Registered Building Regulations 2013), subject to the provisions of Schedule 3. 5.3 Therefore the breach of planning control in this instance relates to the demolition of a building without the appropriate approvals (as set out above).

6.0 PLANNING POLICY 6.1 The site is within an area shown on the Douglas Local Plan (1998) as mixed use. They are within the North Quay Conservation Area. No.27-28 is included on the List of Registered Buildings (No.289). They are within an area identified as high tidal flood risk on the 2017 maps. 6.2 Island Plan - BUILDING A SECURE, VIBRANT AND SUSTAINABLE FUTURE FOR OUR ISLAND: DRAFT FOR INPUT, NOVEMBER 2021 GD No. 2021/0085 Section: BUILDING GREAT COMMUNITIES - We proactively tackle current issues of affordability, homelessness, security of tenancy and vacant or derelict properties with bold action Section: AN ENVIRONMENT WE CAN BE PROUD OF - Our natural and built environment respects our rich culture, biodiversity and sense of place as a Biosphere. 6.3 The following policies of the IOM Strategy Plan (2016) are also considered relevant. Strategic Policy 1 (StP1) indicates that best use should be made of previously developed land and unused buildings, and that development should be located to make best use of infrastructure, facilities and services. Strategic Policy 4 (StP

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