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Application No.: 15/00286/CON Applicant: Mr & Mrs Mike Fletcher Proposal: Registered Building consent for internal alterations, installation of replacement roof tiles and replacement bay window to dwelling (in association with 15/00285/GB) Registered Building Nos. 42 Site Address: Packet House The Quay Castletown Isle Of Man IM9 1LD Case Officer : Miss S E Corlett Photo Taken: 23.04.2015 Site Visit: 23.04.2015 Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.1 The site is the curtilage of Packet House, a terraced building which sits facing onto Castletown Outer Harbour. To the north west of the site is Ellan Vannin, a three storey house which is physically attached to the application building and has a similar colour scheme white painted rendered external walling and distinctive blue cills and detailing above the ground floor front door and ground floor windows., matching the paintwork on the brackets supporting the second floor projecting bay on the application property. To the south east is Solomon's Corner, a two storey property which has a garage door on the ground floor and angled bay above also bearing the same distinctive blue painted detailing but on this building it is around the top of the shaped parapet on the elevation facing the harbour. - 1.2 The three buildings are different from each other in height and window line and also the pitch of the roofs and window shape and type. The applicant property has a shallower pitched roof than Ellan Vannin and taller windows and the distinctive projecting second floor bay. Ellan Vannin has two dormer windows in the elevation facing the harbour and this building changes direction to turn towards Castle Rushen and this element of the building has two floors and a modern uPVC-framed conservatory at second floor level which is visible across the harbour and from the Quay itself. - 1.3 The application building has ground and first floor windows which are curved and others, mainly in the second floor which are flat. - 1.4 The building, together with Ellan Vannin and Solomon's Corner are all Registered (RBs 42, 41 and 42 respectively). THE PROPOSAL
2.1 Proposed is the replacement of the projecting second floor bay window. The application form explains how the existing frames are decaying and rotting and the floor needs attention. It is proposed to replace this with one of similar appearance and size but with double glazing. Whilst the dwelling and Solomon's Corner appear from the outside as separate dwellings,
3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as Mixed Use. The site is also within Castletown's Conservation Area and the building is Registered. - 3.2 As such the following Strategic Plan policies are considered relevant: - 3.3 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." - 3.4 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." - 3.5 Planning Policy Statement 1/01 contains more detailed advice about the alteration of Registered Buildings and development within a Conservation Area:
"Under the Town and Country Planning Act, 1999 (The Act) (Section 14.(1)), the Department of Local Government and the Environment (the Department) has a duty to maintain a register of buildings of special architectural or historic interest, called "the Protected Buildings Register". The Act goes on to state:
Section 14. (2)) In considering whether to enter a building in the register the Department may take into account not only the building itself but also:-
POLICY - RB/1 REGISTRATION OF BUILDINGS The Department shall identify those buildings on the Island which are of special architectural or historic interest and take the necessary steps to progress their entry in the Protected Buildings Register. In considering such buildings the special and particular context of the Isle of Man as a separate entity, will be a material consideration in assessing the particular value of a building. This may result in some buildings being registered which would not be judged worthy of such protection if assessed outside of the local context of the Isle of Man. In assessing the merits of a building relative to potential registration, the Department shall have regard to the following considerations:-
ARCHITECTURAL INTEREST AND/OR AESTHETIC QUALITY: The register is intended to include buildings which are of importance to the Island for the interest of their architectural designs, decoration, craftsmanship, or by virtue of the eminence of the architect; this would include important examples of particular building types and techniques (e.g. buildings displaying technological innovation or virtuosity, as might be found in structures connected with the historic railways of the Island) and significant plan forms;
HISTORIC INTEREST: This includes buildings which illustrate important aspects of the Island's social, economic, cultural, religious, agricultural, industrial or military history; this importance might also be assessed in the particular local context of the town or village in which the building is located;
CLOSE HISTORICAL ASSOCIATION: with Nationally important people or events
LANDMARK QUALITIES: Some buildings will be clearly recognisable as having such qualities whether they be located in isolated coastal or rural locations, or as focal points within a busy local townscape;
GROUP VALUE: Especially where buildings comprise an important architectural or historic unity or a fine example of planning (e.g. Squares, Terraces or Farm Groups). It is worth noting at this point the distinction between groups of Registered Buildings and Conservation Areas. Under the Town and Country Planning Act 1999, the Department has a duty to determine which parts of the Island are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance.
Conservation Areas are identified by the special quality and local character of groups of buildings, together with their context, be it roads and footpaths or areas of green open space and many factors can contribute to the special identity of a locality which has been deemed worthy of Conservation Area Status. Groups of Registered Buildings protect the buildings individually and the protection is limited to the built envelope of named buildings and their curtilage. Conservation Areas usually contain a number of Registered Buildings which serve to reinforce the particular character and merit of the area as a whole.
Age and rarity: the older a building is and the fewer surviving examples of its kind, the more likely it is to be worthy of Registration. Many of the Island's oldest buildings are likely to be the best constructed survivals of the past, where the majority of more humble dwellings, built of less durable materials and construction, will have disappeared with the ravages of time. Thus, those buildings, or parts of those buildings, which survive in substantially their original condition and whose origins can be established as being prior to 1800, would be worthy of consideration for Registration. Buildings built between 1800 and 1860, may be worthy, although some selection will be necessary. For the period 1860 to 1920, because of the greater numbers which survive, assessment and selection is necessary to identify the best examples. For the same reasons, only selected buildings for the period after 1920 would be Registered: buildings which are less than thirty years old would normally only be listed, if they are of outstanding quality.
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 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.
CONSERVATION AREAS The Town and Country Planning Act, 1999 provides that:
A particular mix or variety of uses; The use of materials or styles local to the particular area, or the island; The quality of "period" architecture; The quality and detail of contemporary buildings; The survival of building types or features, such as shop fronts, street furniture, decorative ironwork; The presence and form of hard and soft landscaping; The quality of enclosure, spaces between buildings and vistas along streets; The presence of green open spaces and trees as "breathing spaces"; The presence of water in the landscape: this might be in the form of a stream, river, weir or waterfall, dub or pond, lake, estuary, harbour or coastline. Other physical features, not listed above, may also make a major contribution to the overall interest of a locality.
Conservation area designation should take account of and recognise the wide variety of qualities, including the historic development of the neighbourhood, which can all serve to be important in making up the unique and special character of an area. There are at present ten conservation areas in the Island and whilst Registration focuses on the merits and protection of individual buildings, conservation area designation is the main means whereby the special architectural quality or local character of an area may be preserved and enhanced for our present enjoyment and that of generations to come.
"POLICY CA/4 PROPOSALS FOR PRESERVATION AND ENHANCEMENT It is important that designation is not seen as an end in itself, but that there be an opportunity for the designation to be considered in a wider context, such as that of an area plan. It is this overview which will basically determine the long term validity and prosperity of the conservation area. For example, proposals and policies contained within an area plan may take the opportunity to improve matters such as traffic congestion in and around a conservation area by traffic management and improvement, the provision of off-street parking and the introduction of some pedestrian or bicycle priority ways. The plan will also prescribe the use of land and buildings within the conservation area and beyond and may indicate opportunities for enhancement by restoration and re-use, or if appropriate, for replacement of elements within the conservation area which detract from the special character of the area."
3.7 It is relevant in respect of the last point that there have been two regeneration schemes for Castletown, but neither of these extends as far as the harbour area or this site. PLANNING HISTORY - 4.1 The site has been the subject of a number of applications including ones for reorganisation of the buildings to revert to two dwellings (PA 10/00374/GB 5/ and 10/00375/CON) and other internal alterations (PA 13/01157/CON). Planning approval was refused for the installation of an external meter box (PAs 09/00406/GB and 09/00407/CON).
4.2 Planning approval was refused for the installation of a dormer window on Harbour House further south along the Quay:
PA 97/00687/GB - Installation of rooflights to No 7, Harbour House, The Quay, Castletown. Status - approved 11th September 1997
PA 06/00880/GB - Replace existing roof light with a larger roof light (in association with 06/00881 CON) Status - Refused 27th July 2006
PA 06/01408/CON - Registered Building Consent for the installation of replacement roof lights on front elevation (In association with 06/01407 GB) Status - Refused at Appeal 10th July 2007
PA 06/01407/GB - Installation of replacement roof lights on front elevation (In association with 06/01408CON) Status - Refused at Appeal 10th July 2007
4.3 The reason for refusal of the most recent application for rooflights include reference by the reporting inspector to the "special setting" of the harbourside buildings within the Conservation Area (paragraph 16) and the fact that there are relatively few rooflights on the other buildings in this particular streetscene as viewed from Bridge Street and the swing bridge as is the existing bay window on the application property. The inspector felt that because of their increased size and changed shape compared with the existing, they would not preserve or enhance the appearance and character of the harbourside, would be much more conspicuous and would make it difficult to resist other applications for the introduction of rooflights elsewhere on the quayside Concerning the Registered Building he considered that the clean and simple lines of the buildings are key characteristics of the area and it is important that as much of the original historic and architectural qualifies are retained as the building is Registered. - 4.4 The same principles should be applied to the current application.
REPRESENTATIONS
5.1 Castletown Town Commissioners indicate that they do not object (08.04.15). ASSESSMENT - 6.1 The issue in this case is whether the proposed replacement bay window preserves or enhances the character or appearance of the Conservation Area and whether the existing appearance of the dormer should be preserved and if not whether what is proposed in its
place accords with a general presumption against alteration or extension of registered buildings, or whether a convincing case has been made, against the criteria set out in this section, for such proposals. It is also relevant that the policy states that "Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals."
6.2 In this case the bay in question is not an original feature of the building but was certainly in situ when the building was Registered (1984) and when the Conservation Area was adopted. - 6.3 As the dormer does not replicate the existing then it cannot be taken to preserve the appearance of the property although as it is not an original feature, this may not necessarily be an adverse step. However, there is no evidence to suggest that what is proposed in its place is more akin to the original appearance of the property and as it is larger in depth and overall width of the front part, could arguably have a greater impact as a larger non-original feature and which thereby has a detrimental impact on the character and appearance of the building. Effectively what is proposed is taking a non-traditional element of the building and making it larger and more dominant on the front facade which is not considered to be in accordance with either the Registered Building or Conservation Area objectives. - 6.4 It is fully accepted that the alteration is relatively minor in terms of the scale of the overall facade and that this is also tempered by the fact that the building is part of a longer terrace of buildings. It is also fully accepted that there are no objections to the application despite the existence of the Castletown Heritage organisation who make no comment, and Castletown Town Commissioners who raise no objection to the application. - 6.5 This recommendation is finely balanced as the impact is mitigated by the above factors but on the basis that the proposal will neither preserve nor enhance the character or appearance of the property which is acknowledged as of sufficient special architectural or historic interest to warrant being Registered, it is considered that the proposal will be contrary to both Environment Policies 32 and 35 and Planning Policy Statement 1/01 and as such the application is recommended for refusal.
7.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:
SUPPLEMENTARY REPORT The Planning Committee overturned the recommendation to approve the application at its meeting 18th May, 2015.
Recommendation Recommended Decision: Refused Date of Recommendation:
17.04.2015
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
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.
This consent relates to drawing numbers SM15/363/1 and SM15/363/2 both date stamped as received 12th March 2015
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ……PER…… Committee Meeting Date:…18.05.2015 Signed :………S CORLETT………….. Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph).
YES/NO
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