Steve Rogers – Head of Planning & Building Standards Services
Kirkbank, English Street, Dumfries, DG1 2HS
Telephone (01387) 260199 - Direct Dial Fax (01387) 260188
Planning Applications Committee Report
DEMOLITION OF DISUSED DWELLINGHOUSE, ASSOCIATED OUTBUILDINGS & PART
OF BOUNDARY WALL
AT ANNE HOUSE, BELLEVILLA ROAD, STRANRAER
Application Type: Listed Building Consent
Applicant: S & A Homes
Ref. No.: 12/P/1/0097
Recommendation - Refuse
Ward - Wigtown West
Hierarchy Type (if applicable) - Not Applicable
Case Officer - Peter Barker
1
BACKGROUND
1.1 Under the Scheme of Delegation, this application requires to be considered by the
Planning Applications Committee on the basis that 6 or more objections have been received.
1.2 Anne House is a Category B Listed Building, built in the late 1800s. Little historical or
documentary evidence about the house survives, although it is clear that it once stood apart
from the town of Stranraer, accessed by means of a track off the sea shore. It is unique in the
context of Stranraer.
1.3 The property is constructed of (painted) stone with natural slate roof. It is of two storeys
in height with appended range of outbuildings containing a cottage. Its setting is somewhat
compromised by the Morrison’s Supermarket and car park, North West Castle Hotel, its
annex, and car park, and the side elevation onto Bellavista Road to the Shop units containing
Argos.
1.4 The property falls within an area of mixed uses as defined in the Wigtown Area Local
Plan. Owing to its condition, it is the subject of a Closing Order under the Housing (Scotland)
Act 1987.
1.5 The proposal is to demolish the buildings on the site. Whilst the applicant has indicated
an intention to use the land for a new retail building, car parking and access, no planning
application has been submitted in this regard and this intention should only be viewed as
indicative at this stage.
1.6 Supplementary information has been submitted by the applicant in support of the
application, including the following:(a) Historical information relating to the property;
(b) A site and context appraisal;
(c) An overview of the building condition;
(d) Costings and marketing information;
(e) Information relating to potential site redevelopment for retail purposes;
(f) A summary of findings and conclusion;
(g) A structural inspection undertaken by a suitably qualified Engineer;
(h) A costings report prepared by a suitably qualified Surveyor;
(i) An Estate Agent’s report and findings;
(j) A Police statement;
(k) A statement from the applicant; and
(l) A supporting letter from a third party.
1.7 The applicant's supplementary information concludes that:(i) The building has not attracted interest from a restoring purchaser, nor is it likely to;
(ii) The condition of the main buildings will deteriorate further;
(iii) The buildings on the site are capable of repair but these repairs would not be
economically viable;
(iv) If this application is refused, the land will become incapable of reasonable beneficial use
in its present state;
(v) If demolition were to be approved, conditions could be applied to prevent a large
undeveloped site from prevailing.
2
CONSULTATIONS
2.1 Historic Scotland:- Objection.
(a) It is regrettable that Anne House has fallen into disrepair, but their view is that the
information submitted with the application does not justify demolition at this stage.
(b) Scottish Ministers’ policy as set out in 3.50 of SHEP (Scottish Historic Environment
Policy) is that no listed buildings should be demolished unless it is clearly demonstrated that
every effort has been made to retain it.
(c) As a good example of a late 18th century classical house, with a degree of formality
unusual in Stranraer, Anne House is of special interest. A structural report has been
submitted which demonstrates the level of repair required, but does not suggest that the
building is beyond repair.
(d) Historic Scotland do not consider that the demolition of the building is essential to
delivering wider community benefits, as repair and re-use would deliver similar benefits.
(e) The key justification provided is that the cost of repairs would be excessive, and they
note that costs have been provided for conversion into a family home with a separate cottage
and basement flat. While these figures will be helpful in the assessment, in their view, these
costs would need to be compared to the likely end value of the project before conclusions are
drawn. Historic Scotland would also suggest that a range of options, including the potential
for further building to offset the costs on the site should be considered.
(f) Historic Scotland understand that there is currently some interest in purchasing the house
and in that context, pursuing demolition appears to Historic Scotland to be premature.
2.2 Council Conservation Officer:- Objection.
(a) The loss of building is contrary to Council policy and guidance, and government policy as
contained in SHEP (Scottish Historic Environment Policy).
(b) Immediate steps ought to be taken to make the building watertight to prevent the further
ingress of water, and secure. Members should consider a Repairs Notice being served.
(c) The building is not beyond repair. More options regarding future ownership ought to be
considered, such as the Scottish Historic Buildings Trust which can usually secure external
funding not normally open to a private developer, which can potentially make the economics
of repair more favourable.
2.3 Royal Commission on the Ancient and Historical Monuments of Scotland:Should demolition be allowed, the Commission would wish the opportunity to record the
building.
3
REPRESENTATIONS
Objection (10):
Mr S D Baggott, Galloway Housing Affiliation Ltd, Psalter House, 121 Psalter
Lane, Sheffield
Mr Stuart Coles, East Manse, Burnhead, Auldgirth
Ms Penelope Coles, East Manse, Burnhead, Auldgirth
Mr Robert William Craig, Norchard, Harbour Road, Wigtown
Father Andrew Crosbie, 7 Gordon Street, Dumfries
Mr Hugh Gregory, Mayfield, Lockerbie Road, Lochmaben, Lockerbie
Janet Hannah, Galloway Preservation Society, Apartment A, Kirkdale,
Carsluith, Newton Stewart
Mr David Kershaw, Clachanmore Schoolhouse, Near Cairngarroch, Sandhead,
Stranraer
Mr Luke Moloney, 24 Queen Street, Dumfries
P M Woodley, Architectural Heritage Society of Scotland, Creaganfois, Dalry,
Castle Douglas
3.1 The representations received can be summarised as follows:(a) The property forms a key component of the historic built environment of Stranraer, and its
demolition would be destructive to the built environment and cause a traffic risk on the roads.
(b) Strongly oppose demolition. Anne House (Category B) is one of the early, fine classical
houses in Stranraer, built in about 1800, it is mentioned in many publications and previous
owners are well documented.
(c) The setting of the house has been compromised and the rear of the house now looks
over the supermarket car park. However, the house still remains secluded behind an
excellent stone wall with fine iron access gates. The rear access (still cobbled), again
protected by a high stone wall, still retains the original stable, although a modern garage now
fills part of this yard. At the front, there is a private garden with mature trees and shrubs. It is
within walking distance of the town and is also near the sea front.
(d) No action has been taken to repair the roof and therefore, through neglect, much further
damage has been done to the interior. This house still retains most of the original features
such as doors, cornices etc.
(e) Stranraer at the moment is putting forward plans for regeneration of the harbour area,
and perhaps the old railway station, to regenerate the historical parts of the town. Anne
House could well form part of this regeneration as it is situated in a mixed development area.
The restaurant L'Apertif, situated in another early 18th century house, which again fronts on
to the supermarket is within sight of Anne House, showing how a historic house can find a
new life as a commercial business. Anne House could make an excellent art gallery or some
other such use.
(f) The proposal to demolish the house and replace it with small commercial units seems
very short sighted as at this time the letting for business use would seem difficult. Would
suggest that a much longer view is taken over the future of Anne House and that urgent
repairs are undertaken to the roof with adequate ventilation carried out to limit dry rot.
Perhaps a Building Preservation Trust could be set up where grants could be obtained to
restore the house turning it once more into a valuable asset.
(g) The building is capable of restoration and would be suitable for a variety of uses. Listed
buildings should be treasured and revitalised rather than demolished. The cost of repair is not
outwith the bounds of viability.
(h) The Council must take immediate enforcement action to safeguard the future of this
precious house before it is too late.
(i) No compelling need for new retail or office buildings at this site which would justify
demolition. Any redevelopment would be relatively bland in design terms by comparison.
(j) Retention and refurbishment could kick-start regeneration in this part of the town.
4
REPORT
Relevant development plan policies:Dumfries & Galloway Structure Plan
E9 - Listed Buildings
Wigtown Local Plan
General Policy 51 - Listed Buildings
Other material considerations:Supplementary Planning Guidance No. 2 - Design Guidance for the Built Environment
The Council's 'Caring for the Built Environment' guidance
Scottish Historic Environment Policy (SHEP) December 2011
Managing Change in the Historic Environment: Demolition (October 2010) (Historic
Scotland document)
4.1 Section 59(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act
1977 requires special attention to be paid to the desirability of preserving or enhancing the
character or appearance of a building and its setting and any factors of architectural or
historic interest which it possesses.
4.2 Structure Plan Policy E9 provides that the retention and preservation of listed buildings
will be supported and the re-use and renovation of vacant or derelict listed buildings will be
encouraged where possible. Further, demolition will only be considered where all options for
the building, including marketing, have been fully explored and demonstrated not to be
feasible. With specific regard to demolition, General Policy 51 of the Local Plan provides that
all reasonable options for the re-use and refurbishment of listed buildings have been
exhaustively pursued before consideration is given to the grant of Listed Building Consent to
demolish, and all cases will be assessed against Historic Scotland's “Memorandum of
Guidance on Listed Buildings and Conservation Areas”, published in 1998 [this document
has now been superseded], and the Council’s publication “Caring For The Built
Environment”.
4.3 With specific regard to the demolition of listed buildings, Supplementary Planning
Guidance No. 2 (at page 3) provides that listed buildings are protected from demolition and
alteration and that the increasing loss of our built heritage by the demolition and alteration of
traditional, older buildings is a cause for concern. It also states that the traditional buildings of
the area form a unique asset that should be kept and looked after for future generations.
4.4 The Council's publication "Caring for the Built Environment" does not provide any
specific guidance relative to assessing listed building consent applications for demolition.
4.5 If a local authority decides to grant consent for the demolition of a listed building, the
application must be referred to Historic Scotland before consent can be granted. This places
a particular emphasis on the Council to take heed of Historic Scotland's formal consultation
response relative to this proposal, and also to relevant national policy and guidance. Scottish
Historic Environment Policy (SHEP) December 2011 document sets out Scottish Minister's
policies for the historic environment. Guidance relative to the demolition of listed buildings is
provided at 3.44, 3.45, 3.46, and 3.50 as follows:(i) 3.44 Where the application proposes the demolition of a listed building, applicants will
be expected to provide evidence to show that:
a. the building is not of special interest; or
b. the building is incapable of repair; or
c. the demolition of the building is essential to delivering significant benefits to economic
growth or the wider community; or
d. the repair of the building is not economically viable and that it has been marketed at a
price reflecting its location and condition to potential restoring purchasers for a reasonable
period.
(ii) 3.45 Potential applicants are encouraged to have pre-application discussion with
planning authorities and Scottish Ministers expect planning authorities to provide preapplication advice. A key aspect of that advice, to avoid delays at a later stage, should be to
clarify what supporting information will be required when an application is submitted. Where
proposals involve significant intervention to, or the demolition of a listed building, the planning
authority should involve Historic Scotland in the pre-application discussions.
(iii) 3.46 Planning authorities should satisfy themselves, as soon as applications are
received, that they include an appropriate level of supporting information.
(iv) 3.50. In the case of applications for the demolition of listed buildings, it is Scottish
Ministers’ policy that no listed building should be demolished unless it can be clearly
demonstrated that every effort has been made to retain it. Planning authorities should
therefore only approve such applications where they are satisfied that:
a. the building is not of special interest; or
b. the building is incapable of repair; or
c. the demolition of the building is essential to delivering significant benefits to economic
growth or the wider community; or
d. the repair of the building is not economically viable and that it has been marketed at a
price reflecting its location and condition to potential restoring purchasers for a reasonable
period.
4.6 The Historic Scotland document entitled 'Demolition' (October 2010), which is part of the
Managing Change in the Historic Environment series of publications, is a more detailed
guidance note for use by planning authorities in such cases. It sets out the principles that
apply to the demolition of listed buildings and should inform the determination of applications
relating to the historic environment, replacing equivalent guidance in the now superseded
Memorandum of Guidance (1998). This guidance advises that consent for demolition of a
listed building is only granted in exceptional circumstances, states a strong presumption
against the demolition of any listed buildings, and provides that positive efforts must always
be made to retain listed buildings, using their presence as an opportunity to stimulate
regeneration in creative and imaginative ways. Only where it can be shown that all efforts to
retain a building have been exhausted will consent to demolish be granted. This guidance
also provides that in some cases temporary 'mothballing', by securing the building and
maintaining basic wind / watertightness, might be an appropriate alternative to demolition
while new uses are sought.
Importance of the building
4.7 Consent may be granted for the demolition of a building that is no longer of sufficient
importance to be listed. Examples of this can include a building whose special interest was
derived from a feature or element which is not lost or a building which has been altered so
significantly that it is no longer of special interest.
4.8 Whilst the setting of the listed building has been compromised by the adjacent
supermarket development, and its condition has deteriorated, there has been little change to
the architectural and historical merit of the building to merit justifying demolition on these
grounds.
Condition of the building
4.9 Historic Scotland guidance on demolition provides that consent for demolition may be
granted where it can be shown that a building's condition is beyond repair.
4.10 It is clear from the state of the building that it is basically structurally sound but the
ingress of water from lack of maintenance has led to a series of defects internally that need
to be addressed. The source of the water penetration is principally from the roof and blocked
gutters and this has resulted in rotting internally to ceilings, floors, joists, and plasterwork.
The collection of water at the lowest points coupled with the lack of a damp proof course
have not helped matters either. The linked cottage is in a similar condition but additionally the
external masonry is also in need of attention, mainly repointing.
4.11 The applicant has submitted a comprehensive structural report with costings has been
submitted by the applicant. In summary, it concludes that "whilst Anne House and Anne
House Cottage and the outbuildings are generally sound structurally a substantial
and very costly amount of work would be required to bring them back to usable dwelling
houses. Whilst Anne House could be converted structurally in order to be used for retail
purposes a substantial amount of very costly alteration work would be required. Due to the
amount of work, cost involved and the fact that Anne House Cottage and the outbuildings
don't lend themselves to conversion to retail outlets a more practical option would be to
demolish all of the existing buildings and, after any required ground improvements have been
carried out, to construct a purpose-built building."
4.12 It is apparent from this information that the building's condition is not beyond repair, and
this conclusion accords with comments received from both Historic Scotland and the
Council's Conservation Officer (at 2.1 and 2.2 respectively). The applicant also acknowledges
that the buildings are not beyond repair.
Economic viability of reusing the building
4.13 Historic Scotland guidance on demolition provides that consent may be granted for the
demolition of a building that is capable of repair (as is the case here) but where the costs of
doing so mean that its repair would not be viable. Where this is the principal justification for
the demolition of a building (as is the case here), full supporting information evidence is
necessary comprising:(i) a valuation of the existing building and site;
(ii) a full survey identifying the repairs required;
(iii) development costs including a costed schedule of repairs; and
(iv) an estimate of the value of the repaired property, including potential yields.
4.14 This guidance further provides that where the above assessment indicates a deficit, it
will normally be a requirement to show that grant aid is not able to meet the shortfall.
Furthermore, where a building is capable of repair, it will always be important to show that the
property has been marketed for a reasonable period, to a restoring purchaser at a price
reflecting its condition.
4.15 The information submitted by the applicant provides that the estimated cost of repair
and refurbishment is £378,000. The applicant has advised that the property has been on the
market for originally £250,000, and latterly £195,000 and that, despite viewings, no firm offers
have been received. In summary, according to the information submitted by the applicant,
then a sum of £573,000 is required to purchase and renovate the property, and in the opinion
of the applicants' surveyor, it is not economically viable to retain the building.
4.16 This view is countered by the comments received from both Historic Scotland and the
Council's Conservation Officer (at 2.1 and 2.2 respectively). It is the view of Historic Scotland
that the figures provided would need to be compared with the end value of the project before
any meaningful conclusions can be drawn. In addition, no consideration has been given to
the potential for further building within the site to offset the costs relative to restoring the listed
buildings (enabling development). Furthermore, it also understood that there is some interest
in purchasing the house. The proposal has generated relatively strong opposition from
representors, as well as from conservation-related bodies. The
Council's Conservation Officer has also advised that means exist whereby a dedicated
Buildings Preservation Trust could be set up, or an existing specialist Trust be involved,
which could attract grants that are not normally available to private developers, to effectively
bridge the non-viability gap claimed by the applicant. This option has not been demonstrably
explored.
4.17 It is concluded that insufficiently compelling and wide-ranging information has been
submitted by the applicant to support the demolition of this building on the grounds that
renovation and re-use of this building would be unviable economically.
Wider public benefits
4.18 It is not considered that demolishing the buildings within the site would deliver wider
public benefits. The fundamental principle is that the applicants, in originally purchasing the
property, should have recognised their responsibilities in taking custodianship of an historic
building, and should have carried out even the basic level of maintenance in order to secure
the maximum value of their own asset. This does not appear to have been done and the
buildings have subsequently deteriorated. Records of breaking and entry incidents (6 in total)
when the Police have needed to investigate have been supplied with the application. Whilst
this is regrettable, it does demonstrate the fact that the property does need attention and
occupation sooner rather than later.
4.19 Where a building's condition is deteriorating, Historic Scotland guidance provides that
local authorities are encouraged to work with owners to secure its repair and reuse. In this
regard, whilst not material to determining whether or not this application is favourably
considered, it is intended that, in the event that Members are minded to accept the
recommendation provided, formal steps be taken to:(i) ensure the owner secures the site and buildings appropriately; &
(ii) ensure the owner undertakes relevant repairs to make the building wind and watertight to
prevent further deterioration of built fabric whilst the site is for sale.
In addition, consideration will be given to the service of a Repairs Notice on the owners,
should they prove to be unwilling to assume these responsibilities. Such a Notice would
enable the Council to undertake appropriate repairs to secure the building, and would also
enable the Council to recover the full costs of these works from the owner.
4.20 In conclusion, it is clear that this proposal fails to accord with Structure Plan Policy E9
and Wigtown Local Plan General Policy 51 which only allow the demolition of listed buildings
under specific circumstances and only once specific and compelling evidence has been
submitted to meet the criteria contained therein. For the same reasons, the proposal fails to
accord with the Council's Supplementary Planning Guidance No. 2, Scottish Historic
Environment Policy (December 2011), and to the guidance provided in the Historic Scotland
document entitled 'Managing Change in the Historic Environment: Demolition' (October
2010).
5
RECOMMENDATION
5.1 Refuse on the following grounds:-
1.
The proposal to demolish Anne House, a Category B Listed Building, and
buildings listed by association, is contrary to Policy E9 of the Dumfries and
Galloway Structure Plan and General Policy 51 of the Wigtown Local Plan
insofar as the Council is not satisfied that all reasonable options for its reuse and refurbishment have been exhaustively pursued before
consideration is given to the grant of listed building consent to demolish,
and it has not been adequately demonstrated that any proposals for a
change of use would be economically unviable. In addition, Anne House is
considered to be an important listed building, and the condition of the
building is not beyond repair, nor is it considered that there would be wider
public benefit in allowing its demolition. For these reasons, the proposal
also fails to accord with the Council's Supplementary Planning Guidance
No. 2, Scottish Historic Environment Policy (December 2011), and to the
guidance provided in the Historic Scotland document entitled 'Managing
Change in the Historic Environment: Demolition' (October 2010).
Relevant Drawing Numbers:
Existing Site Plans - received 28 March 2012
Survey - received 28 March 2012
Sketch Design - received 28 March 2012