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Application No.: 18/01100/GB Applicant: Heron & Brearley Ltd Proposal: Installation of a boiler flue, window alteration and replacement of existing kitchen flue (retrospective) (in association with 18/01101/CON) Site Address: The George Hotel The Parade Castletown Isle Of Man IM9 1LG Planning Officer: Miss Lucy Kinrade Photo Taken: 29.01.2019 Site Visit: 29.01.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.04.2019 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: to safeguard the architectural interest of the Registered Building and to avoid the accumulation of unnecessary flues, and as the flue is only considered acceptable in the current circumstances and to facilitate the continued use of building.
Reason: To avoid the unnecessary accumulation of flues on the building and in the interest of visual amenity.
Reason: to safeguard the architectural interest of the Registered Building and that the louvre is only considered acceptable in the current circumstances to facilitate the continued use of building.
This approval relates to drawing number 03 date stamped and received 22/10/2018. Notwithstanding the detail and annotation for fencing this approval also relates to drawing number 01 date stamped and received 22/10/2018. This approval relates to email received dated 22/10/2018 This approval relates to additional information received from the agent date stamped and received 20/02/2019. _______________________________________________________________
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is the curtilage of the George Hotel (Registered Building RB38) in Castletown which sits between The Parade and Farrant's Way and alongside a public lane know as Georges Lane which links the two. - 1.2 The site accommodates the public house which fronts directly on to The Parade, and towards the rear the public house has a number of rear outriggers which join with a small patio and seating area beyond which is an area of off road parking enclosed by an existing stone wall and with vehicle and pedestrian access from Farrant's Way. - 1.3 The site was recently approved for a number of internal and external alterations works to the main building under PA 17/01332/GB and 17/01333/CON and PA 17/00571/GB and associated application PA 17/00572/CON which also included the internal relocation of the existing kitchen. The current application runs contemporaneously to PA 18/01101/CON for the Registered Building Consent. - 1.4 The site is within the Castletown Conservation Area. - 1.5 On the rear elevation and as existing, the following works have been carried out without planning approval:
2.0 THE PROPOSAL - 2.1 The current planning application seeks approval for the retrospective installation of flues and alterations to windows as referred to and detailed in 1.5 of this report. - 2.2 The application has been submitted with photographs of the building both before and after the work, a statement from the agent indicating that the works facilitated a boiler change from oil to gas and that the kitchen flue simply replaced a previous flue and that its enlarged size was
3.0 PLANNING HISTORY - 3.1 There are two applications running contemporaneously to the current application PA 18/00983/GB and 18/00984/CON for the retrospective installation of fencing enclosing the beer garden and seating area at the rear of the building. - 3.2 The following applications are also considered to be material in the assessment of the current application:
4.0 DEVELOPMENT PLAN POLICIES - 4.1 The site lies within an area annotated as 'Mixed Use' on the Area Plan for the South 2013 Map 5 Castletown. The site also lies within Castletown Conservation Area designated in 1990 and the building is Registered (RB 38). As the building is both Registered and located within a Conservation Area, it is appropriate to consider Strategic Policy 4, Paragraph 7.26.1 and Environment Policies 32, 34, 35 and 42 of the Isle of Man Strategic Plan 2016. Also relevant are Policies RB/5 and CA/2 Special Planning Considerations from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and from the Area Plan for the South 2013 Landscape Proposal 4. Also minded of the nature of the proposals it is relevant to considered Environment Policy 22 of the IOM Strategic Plan which refers to airborne pollutants, odours and noise. - 4.2 Strategic Policy 4 Proposals for development must:
"Many Registered Buildings on the Island can sustain a degree of sensitive alteration or extension in order to accommodate continuing or new uses. Nevertheless, Registered Buildings do vary greatly in the extent to which they can accommodate change without loss of special interest. Some may be sensitive to even slight alterations. In cases where there have been successive changes to a Registered Building, the cumulative effect of the work will be assessed in determining the overall impact on the character of the building."
"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."
"In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred."
"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."
"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
"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."
"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. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."
4.10 Landscape Proposal 4:
"The design of development on sites which adjoin the approach routes into Castletown should employ styles and materials which are sympathetic to those of the historic centre, and should be so sited as to safeguard views of the Castle and the old town from those routes."
4.10 Environment Policy 22: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
5.2 DOI Highway Services - No Highways Interest 29/10/2018. - 5.3 DEFA Registered Buildings Officer (RBO) has provided comments on the application 17/01/2018 referring to a number of relevant Registered Building and Conservation Area polices along with relevant polices as to the replacement of windows from Planning Circular 1/98. The comments from the RBO conclude by the stating:
"It is disappointing that the owner of a number of the island's registered buildings has undertaken such involved works without consent and without allowing discussion to explore all possible solutions to the issues that required such an intervention. It is my view that the unauthorised works have had a greater negative visual impact upon this registered building and conservation area than the previous arrangement.
Whilst I understand that the upgrading of kitchen facilities require an upgrading to extraction and ventilation equipment, it is disappointing that advice was not sought given the visual impact, alternatives may have been possible, including hiding the flue behind the existing chimney stack that may have had lesser visual impact. Likewise new boiler flue is also now visible contrasting against the light painted colour of the render to the gable end of the return wing of the building.
The requirement of the unauthorised flues has also resulted in changes too two windows, also undertaken without consent and not in accordance with circular 1/98. Whilst I acknowledge that neither window that has been replaced were historic or of correct detailing an opportunity has been lost to consider if a more appropriate form of glazing could have been used. The rendered panel in which the flue now sits is further forward than the window frame and has greatly reduced the window recess. I accept that the unauthorised works have not resulted in the loss of any historic fabric and are reversible but would require remedial work to achieve this; I still consider that the works have had a negative visual impact upon the property from a public vantage point and within the conservation area. It is disappointing that the applicants have made no attempt to mitigate this visual impact, by such has power coating the flue to match the existing render. I am reluctant to support this application without attempts having been made to mitigate the visual impact as much as possible and therefore am unwilling to recommend approval.
If you are minded to approve this application a condition should be placed upon to secure the removal of the flue upon any updating of the kitchen or its redundancy form this location, this removal should include the existing window and render panel which should be replaced with a suitable window and frame the design and material of which should be approved in writing by the planning department. "
6.1 The application runs contemporaneous to PA 18/01101/CON for the Registered Building Consent for the same works. The fundamental issues to consider in the determination of the current planning application are whether or not the works affect detrimentally the special architectural or historic character of the Registered Building, whether it protects or enhances the fabric and setting and whether or not the character of the Conservation Area has been preserved or enhanced and its special features have been protected from inappropriate development.
6.2 Often in determining works to a Registered Building a balance must be struck in the acceptable level of development that can be carried out in order to accommodate a continued or new use without loss of or jeopardising the historic and architectural interest and character of the building. In cases where there have been or are proposed multiple changes to a registered building it needs to be assessed as to whether these result in a cumulative impact on the overall special character and appearance of the building. - 6.3 The application includes photographs of the building both before and after the works. When it comes to the assessment of retrospective applications these are to be determined as though the works have not yet been carried out. In the case of this application and as referred to in the Registered Building Officers comments it's disappointing that the works have been carried out without prior approval and discussion which could have explored whether more appropriate solutions with a lesser visual impacts could have been considered and implemented.
6.3 Following discussions with the agent it was questioned as to why these flues had been installed, particularly in terms of their large size. The agent sought to provide additional information compiled by the heating and plumbing engineer and the kitchen appliance specialists who carried out the works to the building. This information stated that the flues (kitchen extract and boiler) had each been selected and calculated based on the internal environments (the arrangement of the kitchen/appliances and the type of boiler selected) a remit which was given by the client. The stainless steel kitchen flue is now notably bigger than the previous and additionally widens at the top with a cowl. The additional 1.8m upwards discharge has also been fitted to appease smells on the surrounding population. Each flue has been installed in accordance with the gas regulations. - 6.4 Applications such as this become difficult to assess as there is a clear visual impact on the character and appearance of the Registered Building and the Conservation Area as a result of these flues being installed but that it is evident that their installation is necessary to help facilitate a continued use of the building as a public house and hotel and in the delivery of the business service. The cumulative impact of such incremental works in the long run can have a negative impact on the overall character and appearance of the original building and particularly its special architectural and historic interest reasons for Registration. - 6.5 In the case of this application it is considered that the need for the flues (including the alterations to the window to accommodate the kitchen flue) is sufficient enough to outweigh the visual impact caused to the rear of the building and streetscene. Their size, style and design also necessary to meet with other safety regulations. To further mitigate the visual impact it is considered that the stainless steel kitchen flue be painted a colour to match the part of the building to which it is affixed. The dark matt black colour of the smaller flue is considered to best match the colour of the slate roof through which it projects. - 6.6 As per the recommendation of the RBO it is also considered necessary to attach suitably worded conditions with would have both flues removed should their use cease or are no longer required for the operation of the building. It is also necessary to have a condition requiring that the
window through which the kitchen extract flue projects to be reverted to an appropriate window, details which are to be submitted to and approved in writing by the Department.
7.1 For the above reasons it is concluded that the works relating to the installation of the kitchen extract flue and the boiler flue are considered acceptable and recommended for approval subject to those conditions referred to in 6.5 and 6.6 requiring the painting to match the painted render of the main building, and should they no longer be required that they be removed and the building made good with appropriate materials and the kitchen window re-installed in an appropriate style and design. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 11.04.2019 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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