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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00983/GB Applicant : Heron And Brearley Ltd Proposal : Removal of artificial hedging and oil tank, and installation of timber fencing to rear of building (retrospective) - in association with registered building application 18/00984/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 : 21.02.2018 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 11.02.2019 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. By reason of its siting, size, design and material finish the timber fence fails to protect or enhance the fabric and setting of the Registered Building in line with Strategic Policy 4 (a) and neglects the traditional and prominent stone materials which form part of the historic features and architectural interests at this specific site contrary to Environment Policy 32 and 34, and Registered Building Policy RB/5 from Planning Policy Statement 1/01.
R 2. By reason of its siting, size, design and material finish the timber fence detrimentally impacts the context and setting of this particular site and adversely impacts views into and out of the area given its prominent location in the streetscene and being alongside an important pedestrian route through the town contrary to Strategic Policy 4 (a) and CA/2 from Planning Policy Statement 1/01. This adverse visual impact neither preserves nor enhances the character of the Conservation Area and visually neglects the particular character and identity of Castletown contrary to Environment Policy 35 and Environment Policy 42.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE
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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 accessed from Farrant's Way.
1.3 The site was recently approved for a number of alterations to the main building and included an extension to the rear patio and seating area and the installation of a timber pergola and a covered timber seating under PA 17/01332/GB and 17/01333/CON. This application also sought approval for the demolition of the existing beer garden wall and the installation of 1.8m timber fencing. In the most part the works to the Registered Building were considered acceptable with exception to the proposed timber fencing for which condition 3 revoked any approval for timber fencing being erected anywhere within the site including around the proposed bin store. This condition stated in full:
"3. Notwithstanding drawing numbers 13 (date stamped 19/03/2018) and 09 (22/12/2017), no approval is granted for the installation or erection of any fencing within the site.
Reason: For the avoidance of doubt and to protect the visual amenity and character of the Registered Building and the designated Conservation Area."
1.4 The site is within the Castletown Conservation Area.
1.5 As existing, part of the stone boundary wall along Georges Lane and within the site between the patio and car park has been demolished and removed, and replaced with vertical panel timber fencing.
2.0 THE PROPOSAL 2.1 The current planning application seeks approval for the retrospective installation of the timber fencing. The application now includes full details of the siting, location and design of the proposed timber fence and includes photographs of it in place at present.
2.2 Following a deferral by Highway Services the agent sought to provide amended location plan drawings to ensure that the length of the beer garden seating area matched that shown on the seating plan drawing and that extension to the seating patio area approved under PA 17/01332/GB and 17/01333/CON.
2.3 The drawings submitted for the application detail the fencing as being 1.8m high and along a distance of 7.5m of Georges Lane and dropping to 0.9m high within the site and between the beer garden and car park. However a supplementary statement provided by the agent details the fence as being 1.85m high.
3.0 PLANNING HISTORY 3.1 There are two applications running contemporaneously to the current application PA 18/0100/GB and 18/01101/CON for the installation of a boiler flue, window alteration and replacement of existing kitchen flue (retrospective).
3.2 The following applications are also considered to be material in the assessment of the current application: o PA 17/01332/GB and PA 17/01333/CON for Alterations, installation of replacement windows, creation of entrance ramp and alteration to and extension of rear Beer Garden; o PA 17/00571/GB and associated application PA 17/00572/CON for alterations, creation of two hotel bedrooms, relocation of existing kitchen, doorway / access alterations and installation
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of sun tubes and new windows within resized existing openings which was granted full approval in 2017. o PA 12/01156/GB and associated application PA 12/01157/CON for installation of telecommunication antennas and equipment - Approved o PA 08/00663/CON for Registered Building consent to fit two external cigarette bins - Approved o PA 06/01875/GB and PA 06/01876/CON for alterations, creation of external doors and a rear patio seating area to include retractable canopy - Approved o PA 04/02096/GB and PA 04/02097/CON for the installation of microcell panel antenna in front elevation - Approved o PA 04/01406/GB for installation of one microcell panel antenna to front elevation - Refused o PA 00/01674/GB for alterations to existing public house - Approved o PA 99/01833/GA for the approval in principle for conversion and extension to offices/public house - Refused o PA 91/01939/B for alterations to premises - Approved o PA 90/01232/B for alteration to rear car park entrance - Approved
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,
4.2 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; (b) Protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) Not cause or lead to unacceptable environmental pollution or disturbance.
4.3 Paragraph 7.26.1 - Demolition, Extension or Alteration of a Registered Building
"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."
4.4 Environment Policy 32 states:
"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."
4.5 Environment Policy 34 states:
"In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred."
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4.6 Environment Policy 35 states:
"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."
4.7 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."
4.8 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 affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."
4.9 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."
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."
5.0 REPRESENTATIONS 5.1. Castletown Commissioners had not provided comments on the application at the time of writing the report 29/01/2018.
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5.2 DOI Highway Services have commented on the application requesting a deferral indicating that there are inconsistencies between the length of the beer garden seating area shown on the location plan when compared to the outside seating area drawing. Highways request a deferral for the applicant/agent to address the issues (12/10/2018).
5.3 DEFA Registered Buildings Officer (RBO)has provided comments on the application dated 17/01/2019 referring to a number of relevant Registered Buildings and Conservation Area polices, these comments from the RBO conclude by the stating:
"It is my understanding that a previous application has been submitted and approved that proposed a solid wall between the outdoor seating area and the car park, from the approved plans it would also appear that the section of wall where the grass hedging and oil tank enclosure once stood along George's lane would be replaced by a wall solid in nature continuing on from the existing stone walling. It is my understanding that as part of this application a section of timber fencing was proposed behind the solid wall, this element of the proposal was refused due to its impact upon the registered building and conservation area.
I support the view of the Planning Officer in relation to the original decision; I consider the unauthorised timber fencing to be out of character with the surrounding stone walling, the registered building and conservation area. I have no objection to the principle of walling in this area but this should be solid either stone or stone faced.
I object to the application due to impact of the proposals upon the setting of the registered building and character and appearance of the conservation area."
6.0 ASSESSMENT 6.1 The application runs contemporaneous to PA 18/00984/CON for the Registered Building Consent for the same works and in seeking approval for the retrospective installation of timber fencing within the site. The fundamental issues to consider in the determination of the current planning application are whether or not the proposal affects detrimentally the special architectural or historic character of the Registered Building, whether it protects or enhances the fabric and setting of the Registered Building and whether or not the character and appearance of the Conservation Area is to be preserved or enhanced and its special features 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 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 have a cumulative impact on the overall character of the building.
6.3 Previously applications PA 17/01332/GB and PA 17/01333/CON included the erection of timber fencing within the existing boundary running along Georges Lane and inside of a new wall to be built between the extended beer garden and the car park. PA 17/01332/GB and PA 17/01333/CON also included the installation of a new timber pergola, one covered seating structure and the extension to the beer garden (reducing the off road parking area). The reports for the applications indicated that the extension to the beer garden and reduction of car parking was acceptable and that while the timber pergola and covered seating area were not structures perhaps readily found in a Conservation Area or within the grounds of this Registered Building that the installation here, on balance, would help to facilitate the provision of outdoor seating and help facilitate the continued use of the building as a public house without resulting in any significant loss of the buildings special interest. However, the reports concluded that the installation of any timber fencing at the site would result in an adverse visual impact on the character of the Conservation Area which is predominantly characterised by the use of stone boundary walls and that subsequently this would have an adverse visual impact on the setting
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and character of the Registered Building. Condition 3 revoked the installation of any timber fencing within the site.
6.4 The application now details in full the siting and design of the timber fencing that has been erected to enclose the approved extended beer garden. The fencing is finished in vertical panels with spacers and varying in height from 1.85m along the Georges Lane and 0.9m high fencing in place of where the new wall was to separate the parking and beer garden.
6.5 In assessing the proposal it's relevant to first understand the character and appearance of the existing building, its surrounding setting and the character and appearance of the Conservation Area. It is clear from exploring the immediate area that the prevailing building material throughout Castletown, and including the landmark building Castle Rushen, is exposed grey Castletown limestone along with the wide use of painted render and limewash, the overall appearance of the town and Conservation Area has a mostly medieval and part industrial feel.
6.6 The George has both an exposed stone and render finish throughout the front and rear elevations, and similar to its immediate and adjacent neighbours and the surrounding Conservation Area and townscape the site comprises an exposed stone wall enclosing its rear boundary. This stone wall enclosure dominates the streetscene from Farrants Way and characterises view into and throughout the Conservation Area as a whole.
6.7 The pergola structure is open sided and views through it to the Registered Building are achievable, there are high levels of inter-visibility. The covered seating structure is of a more solid construction but was considered on balance that its installation would help facilitate the beer garden and the continued use of the facility as a public house. In both cases there was a reasonable level of justification of need and acceptability, however given the existing stone wall enclosing the site and proposed beer garden wall for the extended beer garden it was considered that the installation of an additional timber fence was unnecessary and that its erection would have a significant detrimental impact on the visual character of the area and the setting of the building. Timber fencing is not a traditional material nor is it sympathetic to the special architectural or historic interest of this Registered Building or the Castletown Conservation Area.
6.8 The APS 2013 also states that a "key element of the ISS is the "protection of the historic setting of Castletown". Any development proposals including regeneration of the old town must preserve its character, and improve the appearance of the approaches to the historic centre..." it is not considered that the installation of a timber fence here preserves nor improves the approaches into Castletown and subsequently fails to respect the fabric, material, character and historic context of the old town and the setting of this Registered Building.
6.9 To set out the views of the Department in light of such timber structures it is relevant to refer to two previous planning applications for similar fencing sited just outside of a designated Conservation Areas; both applications were considered to be unacceptable due to their height and timber material finish having an adverse visual impact on the character of the adjacent Conservation Area. One of these applications was refused PA 17/01212/B (1 Creggans Avenue, Peel), and the other was withdrawn PA 17/01181/B (1 Farrant's Park, Castletown) where the applicants amended the fence to comply with Class 16 of the Town and Country Planning (Permitted Development) Order 2012 which allows for a timber fence outside of a Conservation Area up to 1m high and detailed with spacing gaps.
6.10 The agent for the application has submitted a design statement in support of the proposed fencing which includes images of small sections of timber and corrugated metal being used elsewhere in the Conservation Area either as a small means of enclosure for bins or for vehicles access gates. The document also includes images of fencing being used at another public house outside of a Conservation Area in the Douglas area (likely fencing which means the PDO) although the agent has not provided any relevant planning application or details of approval for these works. In any case it is important to reiterate that each application is assessed on its own merits, and in this specific case we have an important Registered Building which in its
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own right should be protected along with its surrounding setting, being on a main pedestrian link route (Georges Lane) and the contribution it makes to the character of the wider designated Conservation Area.
6.11 In the case of this application it is considered that the proposed timber fence fails to protect or enhance the fabric and setting of the Registered Building and neglects the particular identity of this specific site, its size, design and material finish detrimentally affects the context and setting of the site particularly views into and out of the area given its prominent location on the corner and alongside Georges Lane which is an important pedestrian route through the town. This adverse visual impact neither preserves nor enhances the character of the Conservation Area and visually neglects the traditional and prominent stone building materials which form the historic features and architectural interests at this specific site.
7.0 CONCLUSION 7.1 Overall it is concluded that the proposal fails to comply with Strategic Policy 4 (a), Environment Policies 32, 34, 35 and 42 of the Isle of Man Strategic Plan 2016, 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 Landscape Proposal 4 from the Area Plan for the South 2013.
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: (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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date: 13.02.2019
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
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