262592

==== PAGE 1 ====

                                      22/00955/CON                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/00955/CON Applicant : Mr Hassan Patel Proposal : Registered Building consent for Installation of replacement windows (in association with 22/00954/GB) Registered Building Nos 100 Site Address : The IOM Islamic Association 20 Finch Road Douglas Isle Of Man IM1 2PS

Technical Officer: Mr Thomas Sinden Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 30.08.2022 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. The application is contrary to section 16 of the Town and Country Act 1999 as the building's special architectural and historic interest is not being preserved. The application is also judged to fail the tests of planning policy statement 1/01 as well as strategic policy 4, environment policy 32 and environment policy 34 of the IOM Strategic Plan 2016 as the building is not being protected or preserved, and traditional materials are not being used. The proposals are also contrary to the guidance in Planning Circular 1/98 as neither the material or the method of opening are being replicated. The application is therefore judged to be unacceptable. __

Interested Person Status - Additional Persons

It is recommended that the Department of Infrastructure Highways Division and the Isle of Man Victorian Society should not be awarded Interested Party Status as their comments do not meet the tests within paragraph 2A of the Policy. __

Officer’s Report

1.0 THE SITE 1.1 The site is 20 Finch Road, and registered building (RB 100). Finch Road stands on land that was at one time known as Finch's Estate, and was laid out in in 1830 for building purposes.

==== PAGE 2 ====

                                      22/00955/CON                                     Page  2  of  4

Number 20 is one of a series of high status dwellings along the eastern side of Finch Road dating from the 1830s and 1840s, with period features and form that show the architectural style being employed on the island during the period. The properties also illustrate part of the development of Douglas from a small 18th century fishing port through to a bustling Victorian tourist resort and the island's capital. The property is not located within a conservation area.

2.0 THE PROPOSAL 2.1 This application seeks registered building consent to replace the existing timber framed sliding sash windows with UPVC framed casement windows.

3.0 PLANNING POLICY 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions (3) In considering - (a) whether to grant planning approval for development which affects a registered building or its setting, or (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.

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

Strategic Policy 4 Environment Policy 32 Environment Policy 34

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/3 POLICY RB/5

3.4 Planning Circular 1/98: The Alteration And Replacement Of Windows Category a) Registered Buildings

If the original windows are still in place they should be preferably repaired. If the repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify a relaxation.

4.0 PLANNING HISTORY 4.1 Applications 05/00591/GB and 05/00591/CON permitted structural repairs to the property. More recently, applications 20/01064/GB and 20/01065/CON permitted alterations to the property in association with a change of use from office to class 4.3 (other community facilities).

5.0 REPRESENTATIONS 5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (11.8.2022).

5.2 Douglas Borough Council have stated that they have no objections to the application (11.8.2022).

5.3 The Isle of Man Victorian Society have submitted comments highlighting the replacement windows policy for registered buildings within Circular 1/98. They suggest that the applicant

==== PAGE 3 ====

                                      22/00955/CON                                     Page  3  of  4

contacts the Registered Buildings Officer, and they feel that the current proposals fall well short of the requirements within the policy (10.8.2022).

6.0 ASSESSMENT 6.1 The issue here is whether the proposals would affect detrimentally the building's special interest.

6.2 The building dates from the mid-19th century, and illustrates the style and form of relatively high status dwellings being built in Douglas during the period. It is considered that the timber framed sliding sash windows with Georgian bars are clearly features of the building that contribute to the building's special architectural interest. As this application is to remove these windows and replace them with UPVC framed casement opening windows, it is considered that the proposals clearly fail to preserve the building's features of special interest. In addition to failing the test within section 16 of the Act, and failing the tests within strategic policy 4 and environment policy 32, the use of UPVC and the change in opening style is also contrary to the guidance within planning circular 1/98.

6.3 Policy RB/5 within Planning Policy Statement 1/01 states that applicants must be able to justify their proposals. The policy also states that applicants 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. The information within this application has not put forward any justification as to why the existing windows are not proposed to be replaced with timber framed sliding sash windows in a like for like style. The applicant has submitted photographs showing modern bottom opening casement windows in place at 4 Finch Road, registered building 93. Whilst these windows are also clearly contrary to the current windows policies, dated photographs in the RB 93 registration documents (publicly available online) show that these windows were in place at the time of registration in 1987. As such, using 4 Finch Road as an example is not considered to justify the proposed removal of historic fabric and replacement with modern inappropriate windows in 20 Finch Road.

7.0 CONCLUSION 7.1 The application is judged to be contrary to section 16 of the Town and Country Act 1999 as the building's special architectural and historic interest is not being preserved. The application is also judged to fail the tests of planning policy statement 1/01 as well as strategic policy 4, environment policy 32 and environment policy 34 of the IOM Strategic Plan 2016 as the building is not being protected or preserved, and traditional materials are not being used. The proposals are also contrary to the guidance in Planning Circular 1/98 as neither the material nor the method of opening are being replicated. It is therefore recommended that the application is refused.

8.0 INTERESTED PERSONS 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) Manx National Heritage; and (c) 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. __

==== PAGE 4 ====

                                      22/00955/CON                                     Page  4  of  4

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: 01.09.2022

Determining officer Signed : J SINGLETON

Jason Singleton

Principal Planner

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.