Planning Officer Report

Case Officer: Mr S Moore Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Site

1. The site is the curtilage of The Old Sail Loft, a Registered Building which is situated on the western side of Shore Road Underway. The building has to its north a vacant plot which has been the subject of a number of planning applications (see below). The building is stone faced with a set of external steps leading up from the highway. To the northern side there is a garage which has been added.
2. The land immediately to the rear of the site is much higher than the application site and the properties there look out over the site towards the harbour.
3. To the south of the site is a stone house, to the north of the open plot north of the site is a public footpath which leads from Shore Road Underway to High Street. To the north of the footpath is a storage building which is flat roofed and built right up to the highway.

The Proposal

1. Proposed is the installation of two rooflights in the north and the west facing roof pitches. The rooflights will be Conservation style and with dimensions of 550mm by 780mm with a central bar. The window in the rear pitch is to be fitted with obscured glass to prevent overlooking from neighbouring properties which are generally higher than the application property.

Planning Status And Policy

1. The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as Residential and on the draft Southern Area Plan as Mixed Use.
2. The building is Registered (RB 203) and the site lies within a proposed Conservation Area on the draft Southern Area Plan.
3. As such, the following policies are considered to be relevant in the consideration of this application:

Application No.:	12/01566/CON
Applicant:	Mr John Morris
Proposal:	Registered Building consent for the installation of two roof windows to dwelling (In association with 12/01565/GB) Registered Building Nos. 203
Site Address:	The Old Sail Loft Shore Road Underway Port St. Mary Isle Of Man IM9 5DX

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 35 states "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

Planning History

1. The Registered Building has been the subject of a number of applications for alterations and extensions as follows:

PA 08/00717/CON - Registered Building consent for alterations and erection of attached garage (In association with 08/00716/GB) Registered Building Nos. 203 Status - Approved at Appeal 2nd February 2009

PA 08/00716/GB - Alterations and erection of attached garage (In association with 08/00717/CON) Status - Approved at Appeal 2nd February 2009

PA 06/01808/CON - Registered building consent for the renovation of a registered building to form a private dwelling with new parking area (in association with 06/01807/GB). Registered Building No 203. Status - Approved at Appeal 12th June 2007

PA 06/01807/GB - Renovation of a registered building to form a private dwelling with new parking area (in association with 06/01808/CON) Status - Approved at Appeal - 12th June 2007

PA 05/01580/CON - Renovation of a Registered Building to form a private dwelling with new garage and parking area (In association with 05/01580GB) Status - Refused at Appeal 24th August 2006

PA 05/01580/GB - Renovation of a Registered Building to form a private dwelling with new garage and parking area (In association with 05/01580 CON) Status - Refused at Appeal - 24th August 2006

PA 01/02639/C - Change of use from workshop to dwelling Status - Permitted 17th June 2002

1. The site to the north has been the subject of the following applications:

PA 11/01433/B - Erection of a detached dwelling with off street parking Status - Approved at Appeal - 30th April 2012

PA 10/01443/B - Erection of a dwelling with off street parking Status - Refused at Appeal - 8th June 2011

Refusal notice:

I am directed to advise you that the Hon Mr W E Teare MHK, who has been appointed to act as Deputy to the Minister for Infrastructure in relation to planning appeals in the Minister's absence, has considered not only the report, but also the submitted plans and photo montages, as recommended by the Inspector in paragraph 25 of the report.

Having identified the main considerations, the Inspector has set out his conclusions in respect of each. The Deputy Minister has adopted the same approach:

• (a) Overpowering design: The Inspector concluded that the proposal would not be overpowering on those using Shore Road. The Deputy Minister concurs with this conclusion.

• (b) Relationship to surrounding buildings: The Inspector concludes that the proposed building would “serve to unify the frontage”, that it would be a “successful foil to the adjacent Registered Building”, and that it would “enhance the character of the sea-front, commensurate with its consideration for Conservation Area status”. The Deputy Minister does not concur with these essentially subjective judgments, concluding rather that the building would be so different to those around it in terms of shape, style, and materials, that it would be out of place and detrimental to both the street-scene and the setting of the Registered Building.

• (c) Access Arrangements: The Inspector concluded that the additional vehicular use of the Shore Road Underway would not lead to significant additional risk or discomfort for pedestrians. The Deputy Minister concurs with this conclusion.

Accordingly, the Deputy Minister has rejected the Inspector’s recommendation that the appeal should be allowed, and has directed that the appeal should be dismissed and that the Planning Committee’s decision to refuse permission should be confirmed, albeit for only the reason referred to in (b) above.

PA 09/00829/B - Erection of a dwelling with associated parking Status - Application Withdrawn

PA 07/00044/B - Removal of soil /rubble and creation of a level surface Status - Approved at Appeal - 24th September 2007

PA 01/02447/A - Approval in principle for erection of dwelling with integral garage Appeal Decision - Refused at Appeal - 30th December 2002

Representations

1. Port St. Mary Commissioners indicate that they do not oppose the application.

1. The owner of Columcille, 8, High Street requires that if the rooflight is permitted, the glass should be fitted with a high level of obscuration and that it should not open.

Assessment

1. The rooflights will be of the appropriate Conservation type and as such will not adversely affect the character or appearance of the property. The rooflight proposed at the rear will not be publicly visible and will be lower in level than the properties to the rear of the site. As such it is not likely that the rooflight, even if it were open, would result in an unneighbourly impact on the neighbours to the rear. The rooflight will serve a bathroom and as such it is more likely that the occupants will want the privacy and security which is available when the light is closed rather than the room being used with the rooflight open. As such, it is not considered that a condition should be attached to require that the rooflight not be capable of being opened.

1. Otherwise it is considered that the proposal complies with the Department’s policies and is recommended for approval.

Conservation Officer’S Supplementary Report:

As the property is a Registered Building (RB 203), the content of this application has been considered with particular regard to RB/3: GENERAL CRITERIA APPLIED IN CONSIDERING REGISTERED BUILDING APPLICATIONS and POLICY RB/5 ALTERATIONS AND EXTENSIONS

and 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. Environment Policy 32 and 35 of the Isle of Man Strategic Plan (20th June 2007).

"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:

• 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 landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).

"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 affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

That proposed is the installation of two number Conservation Grade rooflights to the North elevation and the West elevation. Previously approved were two number roof lights on the front elevation of the adjoining house, also part of the Registration.

The existing building is known as the former sail loft. Historically, the building had a forge on the ground floor which was capable of forging a continuous keel for sailing ships. At first floor level was a joinery/ship wright shop and above that was the sail loft. Typically for such a utilitarian building, it is constructed of the local slate and shale stone with granite quoins and a Welsh slate roof. Building of this era often had various small; roof lights provided natural light to staircases (in the cases of dwellings) and roof spaces.

The size, type and location of the rooflights are in keeping with the nature and type of building and are not considered to have a detrimental impact on the character of the Registered Building.

As such, the installation of the rooflights are considered to comply with Policies RB/3 and RB/5 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 and Environment Policy 32 of the Isle of Man Strategic Plan (20th June 2007).

Party Status

1. The local authority, Port St. Mary Commissioners, is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The owner of Columcille is directly alongside the application site and should be afforded party status in this case.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 30.01.2013

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

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the installation of rooflights as shown in drawings 1208A/01, 1208A/02, 1208A/03, 1208A/04 and 1208/05 all received on 23rd November, 2012

C 3. The glass in the rooflight proposed at the rear of the property, V2 must be fitted with glass obscured to Pilkington Level 5 or equivalent and retained as such unless otherwise authorised by the Planning Authority.

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 : Permitted 6 February 2013 12/01566/CON Page 5 of

Determining officer (delete as appropriate)

Signed : Anthony Holmes Senior Planning Officer	Signed : Sarah Corlett Senior Planning Officer
Signed : Michael Gallagher Director of Planning and Building Control	Signed : Jennifer Chance Development Control Manager