DEC Officer Report

Application No.: 22/00673/CON Applicant: MOP Holdings Ltd Proposal: Registered Building consent for the installation of replacement windows RB 17 (in association with PA 22/00672/GB) Site Address: Mannanan House Market Square Castletown Isle Of Man Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 04.07.2022 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R . The proposals do not meet the tests of Section 16 of the Town and Country Planning Act 1999, and fail the tests of Strategic Policy 4 and Environment Policies 32 and 35 of the Strategic Plan 2016, as the character and special interest of the Registered Building is 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 is 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.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the Department of Infrastructure Highways Division should not be awarded Interested Party Status as their comments do not relate to relevant issues set out in Environment Policies 30 to 35 and 39 of the Strategic Plan 2016 in accordance with paragraph 2C2 of the Policy. _____________________________________________________________________________

Officer’s Report

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 as 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 The garrison was withdrawn in 1896, and in 1911 Castletown Commissioners purchased the building and it became the Town Hall.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.

2.0 THE PROPOSAL - 2.1 The application seeks Registered Building Consent 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 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

• (3) In considering (b) whether to grant registered building consent for any works, the relevant 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.

S18 Designation of conservation areas

• (4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

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 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.

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 Applications 21/00400/CON and 21/00406/GB refused the installation of UPVC sliding sash windows on the front and side elevations. Since the determination of these applications, a certificate of lawful use or development was issued under 21/00967/LAW in respect of replacement windows. - 4.2 There are various other 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.

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (16.6.2022).

6.0 ASSESSMENT - 6.1 The pertinent issue to be assessed by this application is the impact of the proposed alterations on the special character of the registered building, as well as any impact the proposals may have on the character and appearance of the Conservation Area. - 6.2 A certificate of lawful use or development was issued on 17th March 2022 under 21/00967/LAW in respect of replacement windows. However, the certificate is solely related to a breach of planning control and does not remove or alter the requirement within the Act to obtain registered building consent. No registered building consent exists for the existing UPVC windows on the front and side elevations of the building. - 6.3 Historically, the front and side elevation windows would have been timber framed sliding sash windows with Georgian bars. The information submitted in support of the application includes no justification as to how the installation of UPVC windows would preserve the building's special interest. Appendix A of the application covering letter includes photographs of buildings around the Market Square. Other than Mannanan House, all of the buildings appear to have timber framed windows. It is unclear how these photographs help to demonstrate the case for UPVC windows in the building. Appendix A also includes statements regarding the benefits of UPVC windows in respect of energy efficiency and climate change. However, no information is provided to compare UPVC windows with double glazed timber framed windows. The proposed replacement windows are not considered to meet the tests of Section 16 of the Town and Country Planning Act 1999, as installing UPVC windows of any sort on any elevation

• of this registered building is not considered to preserve the building's special architectural and historic interest.
• 6.4 The installation of UPVC framed windows on this prominent registered building is judged to fail to preserve or enhance the fabric and setting of the Registered Building, and is therefore considered contrary to Strategic Policy 4.
• 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. The previous installation of UPVC windows clearly had a detrimental effect on the building's character, windows that were installed without registered building consent. It is judged that the installation of UPVC windows of any sort on this prominent Registered Building will clearly have a detrimental effect on the building's character and special interest.
• 6.6 Planning Policy Statement 1/01 states that '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.' As stated in 6.3 above, the information submitted in support of the application includes no justification as to how the installation of UPVC windows would preserve the building's special interest. 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, and with no justification to the contrary, it is considered that the installation of UPVC framed windows to the front and side elevations does not comply with Planning Policy Statement 1/01 as they fail to preserve the building's special architectural and historic interest.
• 6.7 Planning Circular 1/98 states that with regard to Registered Buildings, replacement windows must be the same as the originals in all respects, 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.

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 Strategic Policy 4 and Environment Policy 32 of the Strategic Plan 2016, as the character and special interest of the Registered Building is 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 is 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 (Registered Buildings) Regulations 2013, the following are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application;
• (c) Manx National Heritage; and
• (d) The local authority in whose district the land the subject of the application is situated

• 8.2. 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.

I can confirm that this decision has been made by the Director of Planning and Building Control 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 : 07.07.2022 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

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