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Application No.: 21/00406/GB Applicant: MOP Holdings Ltd Proposal: Installation of replacement windows to front and side elevations RB17 Site Address: Mannanan House Market Square Castletown Isle Of Man Technical Officer: Mr Thomas Sinden Recommended Decision: Refused Date of Recommendation: 01.06.2021 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The proposals do not meet the tests of Section 16 of the Town and Country Planning Act 1999, and fail the tests of General Policy 2, Strategic Policy 4 and Environment Policies 32 and 35 of the Strategic Plan 2016, as the character of the Registered Building and Conservation Area are not being preserved, protected or enhanced. The proposals also fail to meet Planning Policy Statement 1/01 and Planning Circular 1/98, as the building and its setting are not being preserved and the frame materials proposed are not the same as those historically in place. The application is therefore judged to be unacceptable. _______________________________________________________________
DoI's Flood Risk Management Team raise material considerations and should be afforded Interested Person Status. _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is the Mannanan House, a three storey building on Market Square within the Castletown Conservation Area. The building is included on the Protected Buildings Register (RB 17). On the site of an 18th century inn, the building was converted for use at the barracks for the castle garrison in 1828. The garrison was withdrawn in 1896, and in 1911 Castletown Commissioners purchased the building and it became the Town Hall. A new Town Hall was constructed in 1989, following which the building has seen various uses. - 1.2 The building is constructed of limestone with a double piled pitched roof finished in natural slate. The existing windows on the front and side elevations are double glazed UPVC with top
opening casements. The rear elevation has unpainted timber framed sliding sash windows. There is no evidence of consent for the installation the existing UPVC windows.
2.0 THE PROPOSAL - 2.1 The application proposes to replace the front and side elevation double glazed UPVC casement windows with double glazed UPVC sliding sash windows.
3.0 PLANNING POLICY. - 3.1 The site is within area of mixed use on Map 5 of the Area Plan for the South 2013, and within the town's Conservation Area. The site is not in an area at risk of river or tidal flooding. However, the centre of Arbory Street outside the property is noted as being at high risk of surface water flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999
S16 Registered buildings: supplementary provisions
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.
S18 Designation of conservation areas
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 General Policy 2: 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:
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
Environment Policy 32: 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: 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.
3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man POLICY RB/5 - ALTERATIONS AND EXTENSIONS: In considering whether to grant planning approval for development which affects a registered building or its setting, the Department shall have special regard to the desirability of preserving the building or its setting.
3.4 Planning Circular 1/98: The Alteration and Replacement of Windows Category (a) - Registered Buildings: Replacement windows must be the same as the originals, including the method of opening, materials and detailed design.
4.0 PLANNING HISTORY - 4.1 There are various applications on the property since 1984 relating to changes of use, in some cases with associated internal alterations and signage installation. None of these are judged to be pertinent to the current application. There is no record of consent for the installation of the existing front and side elevation UPVC windows.
5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Division have stated that they do not oppose the application (18.5.2021). - 5.2 The Department of Infrastructure Flood Risk Management Division have stated that there is no flood risk management interest in the application (20.5.2021).
6.0 ASSESSMENT - 6.1 The pertinent issue to be assessed by this application is the impact of the proposed alterations on the registered building and the character and appearance of the Conservation Area. - 6.2 Of particular importance regarding the assessment of the current application is the absence of any evidence of consent for the installation of the existing windows. The application has been discussed with the Principal Registered Buildings Officer. The Principal Registered Buildings Officer has stated that prior to the application, a meeting took place on site with the owner regarding the replacement windows. Concern was raised that the current style and material of the front and side elevation windows were not appropriate and there was no record of approval for the installation of the current units. During discussions with the owner, it was stated that painted timber framed sliding sash windows should be installed. - 6.3 Historically, the front and side elevation windows would have been single glazed timber framed sliding sash windows with Georgian bars. Given there is no record of consent for the existing windows, the proposed replacement windows should be judged against those that were in place historically. In this respect, the proposed replacement windows do not meet the tests of Section 16 of the Town and Country Planning Act 1999, as the proposals do not preserve the building or its setting or its special architectural and historic interest. The applicant's agent has been contacted with regard to the proposals, and asked if the applicant would consider changing the proposal to the installation of double glazed timber framed sliding sash windows. The applicant's agent has confirmed that they do not wish to alter the proposals. - 6.4 The installation of UPVC framed windows is judged to be contrary to General Policy 2 (c) as the proposals will adversely affect the character of the surrounding townscape. It is also judged that the proposals are contrary to Strategic Policy 4 as they fail to preserve of enhance the fabric and setting of the Registered Building and the Conservation Area. - 6.5 Environment Policy 32 states that alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted. In addition to this, Environment Policy 35 states that the Department will permit only development which would preserve or enhance the character or appearance of the Area. It is judged that the installation of UPVC windows on this prominent Registered Building will clearly have a detrimental effect on the building's character, as well as failing to preserve or enhance the character of the Conservation Area.
6.6 Planning Policy Statement 1/01 states that in considering whether to grant planning approval for development which affects a Registered Building or its setting, the Department shall have special regard to the desirability of preserving the building or its setting. As described in section 1.1, the property has a varied and significant history in the centre of Castletown, and therefore there is a clear desire to preserve the building and its setting. With this in mind, it is judged that the installation of PVC framed windows to the front and side elevations does not comply with Planning Policy Statement 1/01. - 6.7 Planning Circular 1/98 states that with regard to Registered Buildings, replacement windows must be the same as the originals, including the method of opening, materials and detailed design. Whilst the method of opening will be the same as the windows that would have been in place on the building historically, the materials used will not, and as a result nor will the detailed design. With this in mind, the proposals fail to meet the guidance of Planning Circular 1/98. - 6.8 Whilst the site is adjacent to an area that is noted as being at high risk of surface water flooding, the nature of the development will not change the resilience or susceptibility of the site and surrounding area from flooding and as such, this is not considered to be a reason to refuse the application in this case.
7.0 CONCLUSION - 7.1 It is judged that the proposals do not meet the tests of Section 16 of the Town and Country Planning Act 1999, and fail the tests of General Policy 2, Strategic Policy 4 and Environment Policies 32 and 35 of the Strategic Plan 2016, as the character of the Registered Building and Conservation Area are not being preserved, protected or enhanced. The proposals also fail to meet Planning Policy Statement 1/01 and Planning Circular 1/98, as the building and its setting are not being preserved and the frame materials proposed are not the same as those historically in place. It is therefore recommended that the application be refused.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made: Refused Date: 02.06.2021 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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