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Application No.: 18/01288/CON Applicant: Mr Thomas & Mrs Karen Kirby Proposal: Registered Building Consent for alterations to existing dwelling - part retrospective - RB 62 (in associated with PA 18/01287/GB, and forming amendments to 17/00793CON) Site Address: 4 Parliament Square Castletown Isle Of Man IM9 1LA Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.01.2019 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32,
EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
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.
Plans/Drawings/Information; This decision relates to drawings 2F, 3A, 4 and 5 all received on 10th December, 2018. _______________________________________________________________
Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The site is the curtilage of 4, Parliament Square, a mid terraced property which sits between number 3 and the Old House of Keys. The property backs onto the long stay car park alongside the Old School House. The property lies within a Conservation Area and is Registered (RB62). - 1.2 The application property is the smallest of the three but at the same height as number three. It is a three storey building with timber framed Georgian pane sliding sash window array in the front elevation other than in the top row of three square single lights. The rear is plainer with one small second floor window, three first floor windows and the ground floor windows and doors screened by a limewashed stone wall with a pedestrian gate leading out into the Old Schoolhouse car park. - 1.3 There is no on-site car parking available to this property. THE PROPOSAL
2.1 Planning approval was granted for a scheme of internal and external alterations under 17/00792/GB and 17/00793/CON. - 2.2 Works commenced on site but internally and externally works were undertaken which were not shown on either of the two most recent applications for the site. These include the following: the removal of walls and ceilings linig and finishes
3.1 The site lies within an area of Mixed Use on the Area Plan for the South (2013). The site also lies within the town's Conservation Area and the building is Registered. As such, the following Strategic Plan and Planning Policy Statement provisions are appropriate:
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.
It should be noted that EP30 presumes against the demolition of RBs and provides advice on substantial demolition of RBs. In this case it is not considered that there has been a substantial demolition for planning purposes where the concern relates to the external appearance only.
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.
3.2 Planning Policy Statement 1/01 reiterates and provides greater detailed guidance on the above points - changes of use (RB/4), alterations and extensions (RB/5) and demolition (RB/6). PLANNING HISTORY
4.1 The most relevant previous applications are those referred to in 2.1 above. REPRESENTATIONS - 5.1 Highway Services indicate that there is no highway interest in the application (17.12.18).
5.2 Due to the nature of the application and the status of the building, the views of the Registered Buildings Officer were sought and provided as follows:
Scope of comments These comments relate to the impact of the development upon a registered building within a conservation area.
Legislative and Policy context TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions
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
Environment Policy 30: There will be a general presumption against demolition of a Registered Building. In considering proposals for demolition or proposed works which would result in substantial demolition of a Registered Building, consideration will be given to:
Environment Policy 39: The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area.
Environment Policy 42: 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.
Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
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.
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. 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.
Other Policy: Planning Circulars: 1/98:The Alteration And Replacement Of Windows Category a) Registered buildings Policy 5 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.
5.3 Report detail - 5.4 This application is to amend the previously approved scheme 17/00793/CON for internal and external improvement works to the registered building. Some of the now proposed reconfiguration are a result of the scheme developing after the removal of previous non historic fabric, some of the works are a result of the state of fabric revealed upon the opening up works and some are the result of unauthorised works particularly the removal of the principle staircase. - 5.5 The proposals will result in a reconfiguration and slightly more open plan floor plan than previously approved at ground floor and relatively minor reconfigurations at first and second floors. - 5.6 I have no objections to the proposed reconfigurations generally, as I do not consider the historic floor plan to have survived prior to the approval of the previous scheme and the current proposed will reveal some previously hidden elements such as chimney breast and fireplaces. That said I am extremely concerned about the removal of the principal staircase, which must be returned to its original location using all elements of the historic fabric. Staircases play an important part in demonstrating plan form and this staircase contains historic fabric which is important as many other elements have been lost form this building over time. With this in mind I am concerned to see in the inclusion of the application a drawing by the structural engineer which shows the staircase in an alternative location, this plan must not be approved and should the staircase not return to its original location I would request that enforcement action be taken with a view to prosecution. In addition to the stair there are other historic elements of the building to be reinstated included doors and ironmongery; I have recommended a condition to safeguard these matters. - 5.7 There are also other issues which require appropriate conditions, the detail of the windows, as show on the plans are not correct for a building of this age nor for a registered building, I am happy that suitable details can be achieved via condition, prior approval of the new external render should also be required and details of rainwater goods, joinery and roof lights. - 5.8 CONDITIONS - 5.9 RB01 - Registered Building Making Good
Requires any damage to the registered building to be made good upon completion of the works hereby approved, any damage caused to the building by the works shall be made good in accordance with a scheme submitted to and approved in writing by the Department.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
5.10 RB02 - Storage and reinstatement of architectural details
Requires the safe storage and reinstatement of architectural details The features and fittings as shown to be retained on the plans including the six panel door and metal lock and brass door knob and the staircase shall be labelled and stored in a dry, wellventilated space. They shall be reinstated in their original locations or as otherwise agreed in writing by the Department. They shall be repaired (by specialists) if necessary, prior to occupation of the development.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Requires the submission of roof materials Details and samples of roofing materials including flashings, tiles and/or rolls to ridges and hips, verges and eaves shall be submitted to and approved in writing by the Department prior to their use. The development shall be implemented in accordance with the approved details and thereafter maintained.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
5.12 RB04 - Sample render to be approved on site
Requires the submission of sample render A sample panel of render at least one metre square (showing the proposed showing the proposed material, finish and colour of the render shall be erected on the site and subsequently approved in writing by the Department prior to the render commencing. The development shall be implemented in accordance with the approved render and the sample shall be retained on site until the completion of the works.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
5.13 RB05 - Sample pointing to be approved on site: Requires the submission of sample pointing A sample panel of pointing at least one metre square showing the proposed material, finish and colour of the pointing shall be undertaken on site and subsequently approved in writing by the Department prior to the pointing commencing and carried out in accordance with the approved details.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
5.14 RB06 - Roof Light:
Requires the submission of roof light details Details of the proposed roof light (s), i.e. type and size, shall be submitted to and approved in writing by the Department prior to their installation. The new roof light(s) shall be of a design which, when installed, shall not project forward of the general roof surface (and shall have a surround of a dark, matt finish). The roof light(s) shall be installed in accordance with the approved details and thereafter maintained.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
5.15 RB07 - window frame details
Requires the submission of dormer window frame details Detailed drawings of the proposed window frames, at a minimum scale of 1:10 illustrating materials and coverings, paint finish, fenestration profiles, lintels, cills, window dressings, cheeks,
reveal and window furniture, or a sample frame showing all of the above shall be submitted to and approved in writing by the Department prior to their installation. The windows shall be constructed and installed in accordance with the approved details and thereafter maintained.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
5.16 RB08 - External doors
Requires the submission of external doors Details of all new external doors including cross-sections to show materials, paint finish, panels, cills, decorative detail, reveal and door furniture, or a sample showing all of the above shall be submitted to and approved in writing by the Department prior to their installation. The development shall be implemented in accordance with the approved details and thereafter maintained.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Requires the submission of fixtures and fittings Details of rainwater goods, external fittings, internal plasterwork, , internal doors, fireplaces shall be submitted to and approved in writing by the Department prior to their installation. The development shall be implemented in accordance with the approved details and thereafter maintained.
Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies EP30, EP31, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Recommendation: approve subject to conditions ASSESSMENT
6.1 The issue here is whether the works preserve or enhance the character or appearance of the Conservation Area and whether the proposed works satisfy the various tests in relation to works to buildings of special historic or architectural interest. It is unfortunate that works were undertaken without approval and some removed features of importance, such as walls and the principal staircase. It is thus essential that the works proposed now reinstate any features lost where practicable and desirable and the point raised by the RB Officer regarding the Structural Engineer's drawing is important. it would be appropriate to add to the RBO's suggested condition RB02 to confirm that no approval is granted to the relocation of the staircase as shown in this drawing. CONCLUSION - 7.1 The works are, subject to the recommended conditions, considered to accord with the relevant historic buildings policies and the application is supported.
INTERESTED PERSON STATUS By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:
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.
Decision Made : Permitted Date: 04.02.2019 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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