DEC Officer Report

Application No.: 19/00489/GB Applicant: Mrs Charlotte Sadler Proposal: Conversion of office (Class 4) to retail (Class 1) including the installation of replacement windows, doors and rainwater goods (in association with 19/00490/CON) Site Address: 1 - 3 Castle Street Castletown Isle Of Man IM9 1LF Principal Planner: Miss S E Corlett Site Visit: 21.05.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 31.05.2019 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Notwithstanding the window styles shown in the approved drawings, none of the proposed replacement sliding sash windows may have horns as an integral part of the upper sash, to reinstate the original style of window in the property. Reason: to preserve the historical importance of the building.
• C 3. The building may be used as either offices where the services involve visiting members of the public (Class 2) or retail (Class 1) or a combination of the two. Reason: to clarify the extent of the approval.

Plans/Drawings/Information;

This approval relates to drawings 1816-100A, 1816-101A, 1816-102A, 1816-103A, 1816-105A, 1816-106A, 1816-107A, 1816-108A and 1816-109A, all received on 29th April, 2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is the curtilage of 1 and 3, Castle Street in the heart of Castletown. Number 1 sits on the corner of Castle Street and The Parade and is joined to the north western gable to 1, The Parade, a dwelling. 1, The Parade, like the application properties, is three storied but has a higher internal floor to ceiling height and a higher overall ridge level. This is a much grander property. The application properties are both three storied but number 1 is less high but wider than number 2. Both have a large area of glazed commercial shop front at ground floor level: number 1 having two such windows with a central pedestrian entrance and number 3 having one large window and a pedestrian door offset to the left. Both have sliding sash windows in the floors above with the same decorative mouldings around the top but number 1 has three sets of windows per floor whereas number 3 has only two. - 1.2 The other properties in this part of Castle Street are of varied heights: number 5 is only two storey and significantly lower than number 3 whereas numbers 7 and 9 are as tall as number 3. - 1.3 The site lies within Castletown's Conservation Area and both properties are Registered (RBs 68 and 69). Both buildings were Registered early in 1984 although there is no information on the file as to the reason for the Registration. 48 other buildings in this part of Castletown were Registered around the same time and it is relevant that at the time, there was no Conservation Area status and no other way of protecting buildings which were considered to be of special historic, architectural or social interest. - 1.4 Number 1 presents its gable end to The Parade with two windows each in the same positions on the first and second floor and two windows with a pedestrian door on the ground floor. A bus shelter sits between two trees within an extended paved area from the footway, directly in front. - 1.5 Number 1 has a roof finished in natural slates: the roof of number 3 is finished in fibre cement tiles. Both sets of chimney stacks on or adjacent to number 1 have been rendered with sand/cement render, lead flashing and bellcast: that on the northern gable of number 3 is unpainted but rendered and recently renovated as with the others. - 1.6 The windows on the rear elevation of both properties have been closed with plastic membrane on timber frames. THE PROPOSAL

2.1 The application purports to be for the change of use of the building from office to retail, however, the proposed use combines elements of retail and offices (the applicant is an optometrist and also offers an optician's service) along with associated storage and staff facilities and the works also includes building works which are the replacement of the existing windows with timber framed sliding sashes together with the replacement of the entrance doors and shop fronts with double glazed versions and the existing rainwater goods are to be replaced with cast iron and uPVC. Currently all rainwater goods are uPVC and doors are softwood. - 2.2 The floor plans as existing are not annotated in terms of their use but as proposed the ground floor will be used as a shop (number 1) and an eye testing room (number 3) with offices, a staff room, tea station, toilet and store on the first floor of number 1 and an eye testing room in number 3 and the second floor will be used as a lounge, kitchen, shower room (number 1) and two offices (number 3) with internal access between the properties on all

• floors. Some internal stud walling is to be introduced on the first and second floors. Access, as existing, to the upper floors of both units is provided via a stairwell within number 3.
• 2.3 The windows to be installed will differentiate between the buildings, number 1 retaining the plain half and half subdivision of the sliding sashes with no glazing bars or horns (the existing windows have horns) but those in number 3 having a Georgian six pane arrangement in each opening light and with horns. The photographs on the RB file show numbers 3 and 5 having the Georgian pane style without horns and the second floor windows in number 3 having a top third bottom two thirds arrangement which differs from what is now proposed. The shopfronts will be the same as the existing. The doors will change from a six pane and in the case of that on number 3, including a semi-circular light at the top, to four panels with the top two lights in each glazed. The windows at the rear will be casement opening style.
• 2.4 Following discussion with the applicant, it is agreed that the Georgian pane windows will not have horns (number 3) and whilst those in number 1 currently have horns, older photographs appear to show that the sliding sashes here did not have horns. The applicant also confirms that there are no original skirting boards remaining in the building. They also confirm that during discussions with the RBO, it was agreed that the windows at the rear could be casement, not sliding sash. PLANNING POLICY

3.1 As the site lies within a Conservation Area and the buildings are Registered, there are a number of Strategic Plan policies and proposals in the Planning Policy Statement 1/01 which are relevant and are set out below. Also, Planning Circular 1/98 provides advice about replacement of windows in Registered Buildings. The site lies within a wide area of Mixed Use on the Area Plan for the South adopted in 2013 which covers most of the town centre. The relevant Strategic and Area Plan policies are referred to below.

Strategic Plan Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest.

Strategic Policy 9: All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5 and all new office development (excepting corporate headquarters suitable for a business park location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8.

• 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 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 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. Business Policy 7: New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space

• (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or
• (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance.

Business Policy 9: The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1).

Area Plan for the South adopted in 2013 Mixed Use Proposal 1: In order to maintain and enhance the vitality of the Mixed Use areas in Port Erin, Castletown and Ballasalla, there will be a presumption in favour of the retention of existing retail units on the ground floor although each case will be determined upon its circumstances and merits.

• Mixed Use Proposal 4: The upper floors of buildings in the Mixed Use areas of Castletown, Port Erin, Port St Mary and Ballasalla may be appropriate for office use although there will be a presumption in favour of the retention of existing residential uses subject to the circumstances and merits of any alternative uses.
• Mixed Use Proposal 5: In Castletown, Port Erin and Ballasalla, office development may be acceptable on the ground floors of buildings although there will be a presumption in favour of retaining retail units subject to the circumstances and merits of any alternative scheme and provided it does not cause significant harm to the character and appearance of the area. PPS 1/01

• 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 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.

Planning Circular 1/98 Category A Registered Buildings Policy If the original windows are still in place they should preferably be repaired. If repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respect, 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.

Reason for Policy: Registered Buildings are those buildings which are judged to be of special architectural or historic interest and which are already entered into the Protected Buildings register. Because of their special status, these buildings merit particular care and any work carried out by way of repair or alteration requires Registered Building Consent.

PLANNING HISTORY

4.1 Planning approval was refused for the replacement of windows under 00/02018/GB for reasons relating to the materials and method of opening. Change of use to offices was refused under 87/04259/C. Whilst the existing use appears to be offices, no permission has been granted for this. REPRESENTATIONS - 5.1 There are no views on file at the time of writing. ASSESSMENT - 6.1 The issues here are whether the works would have any impact on the character and appearance of the Conservation Area and whether the works would adversely affect the historic interest of the building, acknowledging its RB status. It is perhaps relevant that at the time of Registration (1984) that nearly 50 buildings in the central Castletown area were Registered and at the time there was no provision for Conservation Area status. This does not in any way undermine the RB status of the building but perhaps clarifies why the buildings were Registered. There is similarly no reference in the Registration documents to the importance of the inside of the building or any particular features of interest.

6.2 Much of the internal work has been done or is in the process of being undertaken. The internal walls have been stripped and whilst it would have been preferable for permission to have been sought prior to this work being undertaken, there is no evidence that these walls were of particular historic interest other than their age. The applicant confirms that there are no original skirting boards remaining although when they were removed is not evident.

6.3 There is always a balance to be struck between trying to retain historic fabric and finding a use which will ensure its maintenance and use and in the case of buildings such as this which may have been partly or exclusive used as residential, their conversion to office or retail, which is arguably more in keeping with a town centre, can sometimes be difficult without some

• change to the internal, and sometimes the external appearance of the building. In this case, the external changes will reinstate the original appearance, replicating much of what currently exists other than the casement windows in the rear which are not publicly visible. The works are considered to be acceptable.
• 6.4 The proposed use as a mix of office and retail combines the previously approved uses all of which are appropriate in a town centre. Over and above this, it is important to find a use for buildings of historic interest such as this and what is proposed would appear to be capable of being accommodated without significant change to the floor layout and in particular retaining the existing staircases. The uses are therefore considered acceptable and given the mix of retail and office (Class 2) it is proposed that a dual use is approved here.

CONCLUSION

7.1 The application is supported. 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:

• (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 or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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 : 06.06.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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