DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00155/CON Applicant: Mr Alexander Burnett Proposal: Registered building consent for alterations to single storey side extension, works to roof, internal works, creation of rear doorways and works to staircases (all retrospective) - RB187. Site Address: 2 Victoria Terrace Douglas Isle Of Man IM2 4EU Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.03.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

N 1. The external face of the property's external walls should remain breathable in order to prevent any moisture becoming trapped within the walls. The applicant is advised to contact the Department's Building Conservation team prior to undertaking any future remedial works on the property.

This application has been recommended for approval for the following reason.

The proposals pass the statutory test within section 16 of the Town and Country Planning Act 1999 as the building's architectural and historic special interest is being preserved. The proposals are also in accordance with Strategic Policy 4, Environment Policy 32 and Environment Policy 34 of the IOM Strategic Plan 2016, together with Policies RB/3 and RB/5 of Planning Policy Statement 1/01 as the building's special interest is being protected and preserved. The application is therefore considered to be acceptable.

Plans/Drawings/Information; This decision relates to drawings 01, 02, 03, 04 and 05 received 9th February 2024.

Interested Person Status

Additional Persons None

Officer’s Report

1.0 THE SITE - 1.1 The site (no 2) forms part of the Registered Building Victoria Terrace (RB 187) which is a row of six pairs of semi-detached houses. Designed in a neo classical style by John Robinson in 1843 the pairs have twin front doors set in shared pedimented porches that are faced directly on to the pavement. The buildings have hipped roofs with deep eaves; their interlocking side entrance pillars and railings along with the varied later side additions give the impression the buildings forming a single terrace. The properties follow the contour of the road and are stepped in pairs to reflect this, which gives rise to some of the properties having half and full basements and others not. The Buildings have long gardens which run through to the rear access lane Victoria Place, with some of the properties having garages or sheds others with parking spaces in front of walls, with no's 1 and 2 having more substantial buildings facing onto Victoria place including a small dwelling house.

2.0 THE PROPOSAL - 2.1 This application seeks registered building consent for numerous alteration and renovation works, all retrospectively. For clarity, these works are described, element by element, in the following sections. - 2.2 Alterations to the single storey side extension. Repair, re-render, plaster and paint existing walls. Remove existing polycarbonate roof, and construct insulated timber flat roof finished with Polyroof membrane and including a glazed lantern roof light. Existing front and rear windows and doors replaced in a like for like style in UPVC. - 2.3 Works to roof. Replacement of existing roof finish with natural slate tiles. Replacement of existing roof structure with timber rafters/battens in a like for like manner. Replacement of existing fascias, soffits and rainwater goods with like for like style in UPVC. Replacement of existing roof lights with new velux units in a like for like size. Installation of two solar panels on the rear roof slope. - 2.4 Internal walls and joinery. All existing external walls studded out and plasterboarded. Existing skirting boards, architraves and doors removed and replaced. Alterations to floor and ceiling junctions resulting from external wall works. Installation of partition wall and door opening within first floor bathroom to create separate bathroom and en-suite. - 2.5 Creation of doorways in existing openings. Existing ground floor rear windows removed. Window openings increased to create two door openings. New UPVC French windows installed in new openings. - 2.6 Replacement windows. Front elevation existing timber sliding sash windows replaced with double glazed timber framed units in a like for like style; neither the existing or replacement units feature Georgian bars. Replacement of existing first floor side and rear windows with UPVC casement opening units. Existing basement rear windows replaced with UPVC casement opening units. - 2.7 Replacement staircase balustrades. Replacement of existing stair balustrade from ground to first floor. Replacement of existing stair balustrade from first floor to attic level. PLANNING CONSIDERATIONS

3.1 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, 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.

3.2 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 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 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred. - 3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man 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/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.

4.0 PLANNING HISTORY - 4.1 19/00483/GB and 19/00484/CON - Installation of replacement windows

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 Douglas Borough Council had stated that they have no objections to the proposals (23.2.2024).

6.0 ASSESSMENT Statutory Test - Section 16 (b) of The Town and Country Planning Act 1999 - 6.1 The works proposed within this registered building consent application are all retrospective. The Department's Principal Registered Buildings Officer, when still in post, visited the site to view the works now applied for together with the Assistant Registered Buildings Officer and one of the Department's Enforcement Officers. The applicant and their agent have provided photographs of the condition of the property prior to the works being undertaken. - 6.2 Section 16 of the Act requires that when considering whether to grant registered building consent, the Department must "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." As described in section 1.1, the property forms part of a terrace of 12 properties protected under a single registration (RB 187). The properties were registered as a terrace constructed in 1843 in a neo-classical style, with pedimented porches, distinctive entrance pillars and railings on their front elevation, and a distinctive form featuring hipped roofs with deep eaves. The existing condition of the building is a key consideration when assessing the retrospective works within this application. Of the elements replaced as part of these works, photographic evidence has shown that only the existing staircase from ground to first floor and the roof structure dated from the building's construction. The windows, roof finish, side extension, and internal joinery are all elements that have been replaced during the 20th century. Both the roof structure and the existing staircase balustrade were found to be in need of replacement at the time that the applicant took occupancy of the property. The roof structure, together with the roof finish, has been replaced in a like for like manner in terms of form and materials, and this intervention is therefore judged to preserve the building's architectural interest. The existing staircase balustrade was initially replaced with a balustrade constructed of glass in a modern style. Following concerns raised by the Department regarding the inappropriate nature of this replacement balustrade, the applicant and owner has taken out this glass balustrade and replaced it with a timber balustrade with square section balusters and a circular section handrail. Although it is deeply regrettable that the existing balustrade had fallen into a state of disrepair in the hands of previous owners, the replacement now installed is in a form and material that is judged to preserve the building's architectural special interest. The cills of the ground floor rear windows have been lowered to floor level in order to create twin French windows. Although this operation has resulted in a loss of historic fabric, as the sections of wall removed were historic, it is the case that consent has been granted elsewhere on the terrace for the creation of doorways in these openings on the basis that the action did not impact the property's architectural special interest. With this in mind, it is considered that the same judgement should apply to the creation of rear doors on this property. - 6.3 Overall, the building's overall form and the elements of architectural special interest noted in the reasons for registration are being preserved, and as such the proposals within this application are considered to pass the statutory test. Policy Tests - 6.4 Alterations to the single storey side extension. On visiting Victoria Terrace, it is apparent that a significant variety of sizes, forms, styles and materials exist in respect of the side extensions on each dwelling. Two storey and single storey examples are present, as are pitched roofs, flat roofs, roof lights, windows, solid roofs and clear polycarbonate roofs. The side extension at no.2 (the application site) is set back from the pavement, on the line of the main building. The large gated pillars on the pavement line

• prevent the side extension from being visible. Although the materials and roof lantern are not traditional, the side extensions along the terrace do not contribute to the special interest. In addition to this, the side extension as now exists is not visible from the street, and as such it is considered that the building's special historic and architectural interest is preserved by this element of the works.
• 6.5 Works to roof. This application includes the replacement of the roof structure, roof finish, roof lights, soffits, fascias and rainwater goods on the property. As all of these works have already taken place, it is possible to assess the impact of the works on the special interest of the property. Photographic evidence provided by the applicant as part of an enforcement query has demonstrated that the property's rainwater goods were not historic, and were in a grey UPVC material. In addition to this, the roof lights, roof structure, roof finish and soffits and fascias are all shown to be in a very poor condition. As the roof structure and finish have been replaced in a like for like manner in terms of form and materials, these elements are considered to be appropriate. Although modern materials have been used, the replacement roof lights and rainwater goods are considered to be an enhancement when compared to the existing elements known to be in place at the time that the applicant took occupancy of the property. The replacement fascias and soffits have been installed in a style that matches those in place on no.1 (the other property in this pair of semi-detached dwellings). Although the materials used are modern (UPVC), this element of the property now matches the adjacent property, and are judged to preserve the property's special interest when compared to the condition of the elements previously in place. The final element of roofing works within the application is the installation of two solar panels. As these solar panels are sited on the property's rear roof slope, and protrude only very slightly above the roof plane, it is judged that the building's special architectural interest is preserved.
• 6.6 Internal walls and joinery. The application includes the replacement of all the skirting boards, architraves and internal doors within the property. As with a number of the other elements, the applicant has provided photographs prior to the current work being undertaken that demonstrate that the existing elements were not historic. From the photographs, it is estimated that the existing skirtings, architraves and doors dated from the 1980s or 1990s, and prior to the property's registration in

1. It is therefore considered that the replacement of this internal fabric with new painted timber elements preserves the building's special interest. The external walls of the property have been lined with timber studwork, insulated, fixed with plasterboard, skimmed and painted. Retrofitting insulation to historic solid wall construction is a complex matter that often depends on many variables if it is to prove successful for both the health of the building fabric and the living environment. Given that no historic fabric has been removed to undertake these works, it is not considered that any harm has been caused to the building's special architectural interest. However, the applicant will be strongly advised to ensure that the external face of the walls remains breathable in order for any moisture to not remain trapped within the external walls. The final element within this application concerning the property's walls is the installation of a partition wall within the existing bathroom in order to create a separate bathroom and ensuite. This work also included the creation of a door in the existing wall to provide access to the en-suite. Having visited several of the dwellings within the terrace, and viewed the planning history since registration, it is apparent that the internal plan form of the dwellings has been altered in many of them. The intervention to create an en-suite that is within this application is considered to be very modest in scale, and as the historic plan form can still be appreciated when walking around the property, it is judged that the architectural and historic special interest is being preserved.

6.7 Creation of doorways in existing openings. This application includes lowering the cills of the ground floor rear windows to floor level in order to create twin French windows providing access to the rear decking area. This operation includes the removal of a section of historic wall below each existing window cill. Elsewhere on

• the terrace, no.5 obtained consent in 2022 to erect a ground floor extension that involved the creation of a doorway in one the rear ground floor window openings. Although the creation of twin French windows and the use of modern materials are not strictly in accordance with the terrace's historic design principles, the alteration is considered to be very modest, and as it does not harm the form or neo-classical elements mentioned in the registration documents, this element is considered to preserve the building's special architectural and historic special interest.
• 6.8 Replacement windows. The application includes the replacement of the existing front elevation windows with timber framed sliding sash units, and the replacement of the existing side and rear elevation windows with UPVC framed casement opening units. Other properties along the terrace have retained their historic windows, which demonstrates that the historic style was timber framed sliding sash units with Georgian bars. The photographs provided from when the applicant first took ownership of the property show that the historic windows were no longer in place. On the front elevation, timber framed one-over-one sliding sash units were in place. These windows have been replaced in a like for like manner, with the addition of double glazing. As the style, material and opening method of the existing front elevation windows has been replicated it is considered that this element of the works preserves the building's special architectural interest. The side and rear elevation windows have been replaced with UPVC framed double glazed casement opening units. Photographs have shown that the existing windows in these openings were not those that were originally installed, with no Georgian bars present. With this in mind, the guidance within planning circular 1/98 does not apply, as it only refers to instances where the original windows are still in place. Although modern materials have been used and the opening method is not historically appropriate, the replacement windows do not impact the building's historic form or any of the elements of neo-classical detailing that are mentioned in the registration documents. With this in mind, overall the replacement windows are judged, on balance, to preserve the building's special interest.
• 6.9 Replacement staircase balustrades. The existing staircase balustrade from ground to first floor was initially replaced with a balustrade constructed of glass in a modern style. Following concerns raised by the Department regarding the inappropriate nature of this replacement balustrade, the applicant and owner has taken out this glass balustrade and replaced it with a timber balustrade with square section balusters and a circular section handrail. Although it is deeply regrettable that the existing balustrade had fallen into a state of disrepair in the hands of previous owners, the replacement now installed is in a form and material that is judged to preserve the building's architectural special interest. The exiting staircase balustrade from first floor to attic level has been replaced with a timber balustrade that features square section balusters and a circular section handrail, in a form that is very similar to the existing balustrade. With this in mind, it is considered that the replacement balustrade from first to attic level preserves the building's special architectural interest. CONCLUSION

7.1 The proposals are considered to pass the statutory test within section 16 of the Town and Country Planning Act 1999 as the building's architectural and historic special interest is being preserved. The proposals are also judged to be in accordance with Strategic Policy 4, Environment Policy 32 and Environment Policy 34 of the IOM Strategic Plan 2016, together with Policies RB/3 and RB/5 of Planning Policy Statement 1/01 as the building's special interest is being protected and preserved. It is therefore recommended that the application is approved. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o Manx National Heritage, and
• o The local authority in whose district the land the subject of the application is situated.

8.2 In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 13.03.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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