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Application No.: 15/00850/CON Applicant: Douglas Borough Council Proposal: Registered Building Consent for the installation of replacement windows (RB no 169 in association with PA 14/00849/GB) Site Address: Town Hall Ridgeway Street Douglas Isle of Man IM1 1EP Case Officer : Miss Abigail Morgan Expected Decision Level: Officer Delegation
1.0 THE SITE - 1.1 The application site represents the curtilage of Town Hall (Douglas Borough Council). The application site is located within Athol St/Victoria St Conservation Area. The building is Registered Building 169 by virtue of its aesthetic and historical interest.
2.0 THE PROPOSAL - 2.1 Originally the application also included the refurbishment of the existing timber sash windows, however on request for further information regarding the defects and proposed refurbishment/repair works that would need to take place Douglas Borough Council examined the timber windows and decided that they were not in need of repair at this present time. These works were therefore removed from these applications. - 2.2 The application is for both registered building consent and planning permission for the installation of replacement windows. Replacing the metal framed windows in the Committee Room, the Council Leader's office and the Chief Executive's office. - 2.3 The replacement windows are proposed to be bespoke slim-line double glazed units in keeping with the existing crittall windows, using Touchstone Glazing Solutions or similar high quality product. The proposed windows will match the existing in terms of openings, appearance and design. - 2.4 There is an accompanying planning application, 15/00849/GB. Both applications are being considered together.
3.0 PLANNING HISTORY - 3.1 There have been a number of previous planning applications, particularly for internal alterations which were considered acceptable.
94/01798/B - Hard landscaping to areas surrounding the Town Hall, Ridgeway Street, Douglas. Permitted 98/00710/B - Erection of flag pole, Douglas Town Hall Garden, Ridgeway Street, Douglas.Permitted 98/01357/GB - Internal alterations to convert existing ladies toilets to ladies and gents toilets, first floor, Town Hall, Ridgeway Street, Douglas. - Permitted
4.0 PLANNING STATUS - 4.1 In terms of local plan policy, the application site is within an area recognised as being within a mixed use area (Retail/Office) under the Douglas Local Plan. The site is within a Conservation Area and the Building is Registered, as such the following policies are relevant in the determination of the application. - 4.2 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." - 4.3 Environment Policy 34 states: "In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred." - 4.4 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." - 4.5 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 one policy that is considered specifically material to the assessment of this planning application: - 4.6 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."
4.7 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." - 4.8 Finally, Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. Part 5 Category (a) Registered Building 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 designs. This policy will be strictly applied other than where the particular circumstances are so exceptional to justify a relaxation."
5.0 REPRESENTATIONS - 5.1 Douglas Borough Council, no objection. 21.01.2016. - 5.2 IOM Newspapers have requested to be kept informed of the application. - 5.3 No other representations were received at the time of writing.
6.0 ASSESSMENT - 6.1 In November 2014 Douglas Borough Council (DBC) approached the planning department for pre-application advice regarding the possibility of installing secondary double glazing in order to improve the office conditions, it was the opinion of the Conservation Officer that secondary double glazing could have a detrimental impact on the character of the building and recommended that as an alternative new slimline windows be investigated. - 6.2 On the basis of this advice DBC looked into Touchstone Glazing Solutions who deal with double glazed windows in heritage building situations. There are a number of types; Insulead; Quarrylyte and Steelyte, which can be design to match the originals in all respects, including the method of opening, materials and detailed designs, and meet the requirements of the applicants. Two, the former and latter, have been provided in terms of profile and Insulead matches the existing profile more closely. Currently DBC are unsure which ones to use and the Insulead can be used for opening windows whereas the Steelyte a generally fixed. While both options have a slimline appearance and the glazing bars would be manufactured to exacting match the existing, it is considered that a condition should be imposed ensuring that detailed drawings/samples of the windows are provided to ensure the framing detail, material and glazing bar profiles are approved. This has been discussed with the applicant and they are happy to accept this condition. - 6.3 The Town Hall is registered by virtue of its architectural and historic interest and is typical of the end of 19th Century style associated with fine early Arts and Crafts details. It is also a key building within the Athol Street/Victoria Street Conservation Area, both of these are key considerations in the determination of this application. The proposed windows would replicate the existing within regards to framing dimensions, glazing bar pattern and opening method and as such will not adversely affect its character or appearance. - 6.4 Overall it is considered that the proposal does not affect its special architectural or historic character and therefore complies with the requirements of Environment Policies 32, 34 and 35 and Planning Policy Statement 1/01.
7.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:
7.2 In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application. - 7.3 With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 24.05.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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 approval relates to Photo 1, TS1 and TS2 all date stamped received 27 July 2015 and Drawing nos, 01, 02, 03, 04, 05, and 06, Window Schedule (1279-108), Photo 2 and TS 3 all date stamped received 21 April 2016.
I can confirm that this decision has been made by the Interim Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 01.06.2016 Determining officer
Signed : J CHANCE Jennifer Chance Interim Director of Planning and Building Control
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