Officer Report 12/00940/GB

Officer's Report

Application No.:	12/00940/GB
Applicant:	Leonard Chatel
Proposal:	Demolition of existing conservatory and erection of a replacement conservatory (In association with 12/00941/CON)
Site Address:	Holly Bank Little Switzerland Douglas Isle Of Man IM2 6AG
Case Officer:	Miss Melissa McKnight
Photo Taken:	25.07.2012
Site Visit:	25.07.2012
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site is the residential curtilage of Registered Building 163 Holly Bank, a two storey semi-detached property sited on the south eastern side of Victoria Road, Douglas. The property is part of Little Switzerland which is a designated Conservation Area.

1. The existing dwelling has a cross hipped roof with Tudor style boarding on the front elevation triangular gable end. To the front of the dwelling is a private garden and driveway area bounded by hedging to the front bounding the property to the footpath and adjoining highway. To the rear of the property is a garden area bounded by a low rise slate wall with vegetation to ‘Myrtle Bank’, ‘Kent Lodge’ and ‘Kantara’.

1. Little Switzerland forms a square parcel of land characterised by a number of semi-detached properties, dating back to the ‘Arts and Crafts’ movement of Mackie Hugh Baillie Scott’s series of semi-detached dwellings built in Little Switzerland in 1895/6. The application site property is considered to be an area of architectural interest.

The Proposal

1. The planning application seeks approval for the demolition of the existing timber conservatory and the erection of a replacement PVC framed conservatory.

1. The existing conservatory measures 3.2 x 3.1 metres and has an overall height of 3.1 metres. The new proposed conservatory is to measure 4 x 3.6 metres and is to have an overall height of 3.1 metres also.

1. The replacement conservatory is to be a replacement in a similar style, apart from the use of material is different.

Planning History

1. The application site has been the subject of three previous planning applications that were recommended for approval which are considered specifically relevant to the assessment of this planning application:

PA 04/02137/GB: Removal of PVC clear roofing sheets over log shed and replace with rosemary roof tiles to match existing roof (in association of PA 04/02137/CON).

PA 04/01813/GB: Alterations to garden to increase existing paved area (in association with PA 04/01813/CON).

PA 02/00903/GB: Repair work to facing bricks and roof tiles.

1. The application site has been the subject of three Registered Building Consent applications, all of which are considered specifically relevant to the assessment of this planning application:

PA 12/00941/CON: Registered Building Consent for demolition of existing conservatory and erection of a replacement conservatory (RB no 163 in association with 12/00940/GB). This planning application is currently being determined by the Planning Division.

PA 04/02137/CON: Registered building consent for removal of PVC clear roofing sheets over log shed and replace with rosemary roof tiles to match existing roof (in association with PA 04/02137/GB).

PA 04/01813/CON: Registered building consent for alterations to garden to increase existing paved area (in association with PA 04/01813/GB).

Planning Policy

1. In terms of local plan policy, the application site is Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 3 (North). The application site is within the Little Switzerland Conservation Area and is also a Registered Building.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains five policies that are considered specifically material to the assessment of this current planning application:

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."

General Policy 2 states:

"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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;

• (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;

Environment Policy 32 states: "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 34 states: "In the maintenance, alteration or extensions of pre-1920 buildings, the use of traditional materials will be preferred."

Environment Policy 35 states: "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."

1. Planning Policy Statement 1/01 – Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man sets down the policies in relation to the conservation of the built environment of the Isle of Man, including policy for the identification and protection of historic buildings, conservation areas and other elements of the environment. This policy statement contains three policies that are considered specifically material to the assessment of this planning application:

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:-

• 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;
• 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;
• 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 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 building buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the buildings special interest as a result of several minor works which may individually seem of little consequence.”

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.”

1. In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows, Category a) REGISTERED BUILDINGS states:

"If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify a relaxation."

Representations

1. Douglas Borough Council has no objection to the current planning application.
2. The Highways Division have no objection to the current planning application.

Assessment

1. In judging the effect of any proposed alteration or extension to a Registered Building, it is essential to have assessed the elements that make up the special interest of the building in question. In the sense of Holly Bank, it is the arts and crafts architecture and the retainment of the timber framed windows that contributes to the property being a Registered Building.
2. Given that the existing building is a Registered Building, it is imperative that any alterations and modifications to the building require careful consideration to ensure that the development would not harm its special interest. In this case, the replacement conservatory that is to be finished in PVC is not judged to preserve or enhance the appearance and character of the Holly Bank. The existing timber conservatory provides a traditional feature and the use of PVC is judged to remove that traditional element and detailing of the main dwellinghouse and is not considered attractive and would also contrary to the provisions set out in Planning Circular 1/98.
3. Although the proposed development is at the rear of the property, the replacement conservatory is deemed to have a detrimental and damaging impact on the surrounding area of Little Switzerland and the immediate Conservation Area. As previously

mentioned, the proposed replacement is already considered detrimental to the character and quality of Holly Bank which links to the overall surrounding area of Little Switzerland. Although the proposal would not be visible, the fact that the proposed development is to take place on a Registered Building unravels to having an impact on the immediate area.

1. It should be noted however, that a replacement conservatory would not cause an adverse impact on the residential amenity of the local residents of the neighbouring properties. The significant level of screening present already provides a high standard of screening preserving private amenity. The roof of the conservatory is only partially visible from Little Switzerland facing 'Kent Lodge' and 'Kantara' when the tree boundary is not in full bloom.

1. Overall it is concluded that the planning application does not accord to the provisions set out in Strategic Policy 4, Environment Policy 32, 34 and 35 of the Isle of Man Strategic Plan 2007 and RB/3, RB/5 and CA/2 of Planning Policy Statement 1/01 – Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.

Conservation Officer'S Supplementary Report:

1. As the property is a Registered Building (RB 163) and located within the Little Switzerland Conservation Area, designated on the 8th August 2003, the content of this application has been considered with particular regard to General Policy 2, Environment Policies 32, 34 and 35 of the Isle of Man Strategic Plan (20th June 2007) as well as RB/3: general criteria applied in considering Registered Building applications and Policy RB/5 Alterations and Extensions and CA/2 Special Planning Considerations as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man. Planning Circular 1/98 The Alteration and Replacement of windows, specifically Category a) REGISTERED BUILDINGS is also relevant to determining this application.

1. Holly Bank is one of the Arts & Craft's architect Mackie Hugh Baillie Scott's series of semi-detached dwellings built in Little Switzerland in 1895/6 and early examples of his work on the Isle of Man.

1. The Registration appraisal documentation is quite specific in terms of design and fenestration stating; "Scott's approach to proportion and balance of fenestration are entirely his own and the freshness and spontaneity found in the composition are most striking".

1. The drawings are scant in their detail; at the provided 1:100 scale, the elevations do not indicate methods of opening or depth of framing to the windows, an important consideration in dealing with a Registered Building Application. This latter point is exacerbated as the conservatory's fabrication in PVC. This will result in very flat detailing without the depth of glazing and window framing synonymous with this architectural style and period of property.

1. The hatching to the Proposed Elevations would appear to suggest brickwork, however, the note on the Proposed Plan states; "Cavity Baseworks or Nudura off foundations". Investigation indicates that Nudura is an 'insulating concrete form' which is an 'alternative to traditional building methods found throughout the UK'. The website goes on to state that; "Nudura carries a standard line of forms to meet any building requirement, and can except a variety of finishes such as stone, render or traditional brick". There is no further information on the finish of the base of the proposed

conservatory. The use of such materials on such an important Registered Building would appear inappropriate.

1. Paragraph 7.26.1 of the Strategic Plan, relevant to the demolition, extension or alteration of a Registered Building states that;

"Many Registered Buildings on the Isle of Man can sustain a degree of sensitive alteration or extension in order to accommodate continuing or new uses. Nevertheless, Registered Buildings do vary greatly in the extent to which they can accommodate change without loss of special interest. Some vary greatly in the extent to which they can accommodate change without loss of special interest. Some may be sensitive to even slight alterations. In cases where there have been successive changes to a Registered Building, the cumulative effect of the work, will be assessed in determining the overall impact upon the character of the building."

1. It is noted that the conservatory has increased in size from 3200 x 3100 to 4000 x 3600.

1. Whilst it is accepted that there is an existing conservatory to this property in place prior to the addition of Holly Bank to the Protected Buildings Register and that its adjoining (and Registered) neighbour Myrtle Bank and the non-registered Engadine and Coardailus also have similar conservatories, no opportunity has been taken in these proposals to draw on the Arts & Crafts architectural detailing and style to integrate the conservatory into the property and neither are the proposals justified. In doing so, this proposal is not considered to be in accordance with policies 32, 34 and 35 of the Strategic Plan as they are not considered to be an enhancement to the character of the Registered Building or to the Conservation Area within which it is located and is therefore unacceptable.

Recommendation

1. It is recommended that the planning application be refused.

Party Status

1. The local authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

1. The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status.

Recommendation

Recommended Decision: Refused Date of Recommendation: 24.08.2012 Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

The proposed conservatory would fail to preserve or enhance the character and appearance of the Registered Building and the Conservation Area within which it is located and is therefore contrary to Strategic Policy 4, Environment Policies 32, 34 and 35 of the Isle of Man Strategic Plan and Policy RB/3, RB/5 and CA/2 of Planning Policy Statement 1/01 – Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man and Planning Circular 1/98: The Alteration and Replacement of Windows.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date : 28/8/17

Determining officer (delete as appropriate)

Signed : ... Anthony Holmes Senior Planning Officer

Signed : ... Michael Gallagher Director of Planning and Building Control

Signed : ... Jennifer Chance Development Control Manager