173675 — 18/01288/CON | Planning Portal IoM

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

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 Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 23.01.2019 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. In the event that any damage is caused to the Registered Building during the implementation of this approved scheme, it shall 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.

C 2. The features and fittings 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, well- ventilated 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. For clarification, no approval is granted to the relocation of the staircase as shown in the Structural Engineer's drawing reference 8809-02D.

C 3. 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.

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C 4. 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.

C 5. 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.

C 6. 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.

C 7. 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.

C 8. 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,

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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.

C 9. 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.

C 10. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

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.

Interested Person Status - 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

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rebuilding of part of the rear wall and rebuilding in blockwork with alterations to window reveals internally removal of all of the ground floor and its replacement removal of internal partitions, floor joists, floor boards and ceiling linings removal of the existing staircase and its relocation to the south eastern gable side of the floors.

2.3 The elevations are the same as those approved under the earlier applications but a section of rear wall has been removed and internally the shape of the reveals changed. What has been built in its place replicates the original but with the changed internal reveals.

2.4 Much of this work has been done and the new rear wall is in place but not rendered.

PLANNING POLICY 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

(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,

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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

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 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:

o the condition of the building; o the cost of repairing and maintaining it in relation to its importance and the value derived from its continued use (based on consistent long-term assumptions); o the adequacy of efforts made to retain the building in use; and o the merits of alternative proposals for the site.

Environment Policy 33: The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest.

Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.

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

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POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:-

o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;

o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;

o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).

POLICY RB/4 USE In considering a proposal for change of use of a registered building, the principal aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the building, all of which affect its special character as a building of merit. An applicant will have to illustrate that the effect of any proposed changes upon the architectural and historic interest of the building will be minimised.

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 effect upon the building's special interest as a result of several minor works which may individually seem of little consequence.

POLICY RB/6 DEMOLITION There will be a general presumption against demolition and consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of an historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:-

o The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be

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based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces that in an age of rapid change may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair;

o The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building's condition.

o The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them

POLICY RB/7 RECORDING OF BUILDINGS In the event of the granting of registered building consent to alter, extend or demolish a registered building, written notice of a proposal to carry out the approved works must be given to the Department of Local Government and the Environment and Manx National Heritage and for a period of at least one month following the service of such notice, reasonable access to the building must be made available for the purposes of recording the same, prior to the commencement of the approved works. Hidden features of interest are sometimes revealed during works of alteration, especially in older or larger buildings: chimney pieces, fireplaces, early windows and doors, panelling, early earth-based construction or other features may come to light. If there is any likelihood that hidden features may be revealed, conditions may be attached to an approval to ensure their retention or proper recording and may require exploratory opening up work to be carried out prior to considering the full content of an application for registered building consent. An applicant may also be required to pay wholly or in part for the cost of recording the building.

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.

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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.

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, well- ventilated 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.

5.11 RB03 - Roof Surfaces

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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.

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.

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.

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.

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,

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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.

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.

5.17 RB09- Fixtures and Fittings Details

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.

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:

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(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

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

Customer note

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