DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00165/GB Applicant: Mr David Thompson Proposal: Replacement of two windows on front elevation and one window on rear elevation (in association with RB Consent application 24/00112/CON) Site Address: School House St Marks Ballasalla Isle Of Man IM9 3AH Principal Planner: Mr Chris Balmer 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 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

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

As outlined in this report the main concern of the application centres on the Registered Building (Nrs 181) and the proposed alterations to it. As outlined it is considered the new windows to the front and rear elevations would preserve the building and its setting. Therefore the proposal would comply the i.e. Section 16 (3) and 18(4) of the Town and Country Planning Act (1999) Statutory test and the IOMSP EP32 & 34, SP4 and GP2 and Planning Policy Statement 1/01.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 08.02.2024. _______________________________________________________________

Interested Person Status

Additional Persons None

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is within the curtilage of the School House, St Marks, Ballasalla which is a semi-detached building attached to the "The Old School Room" which is in separate ownership. To the south lies St. Mark's Church. The building is an interesting two storey building but both with substantial chimneys, slated roofing and rendered walling. The application dwelling and the neighbouring property would have been an original School Houses, which has been split into two separate dwellings in the past. - 1.2 The application building is Registered Building (Nr 181)

2.0 PROPOSAL - 2.1 The application seeks approval for the replacement of two windows on front elevation and one window on rear elevation (in association with RB Consent application 24/00112/CON). The windows would be new timber sliding sash windows, including individual window panes to match the existing windows in material, method of opening and over design.

3.0 PLANNING HISTORY - 3.1 The following application is considered relevant in the determination of this current application; - 3.2 Registered Building consent to replace three timber framed windows with double glazed timber framed windows - RB181 (in association with 24/00165/GB) - 24/00112/CON PENDING CONSIDERATION

4.0 KEY DOCUMENTS - 4.1 Material Considerations Town and County Planning Act 1999 - 4.2 Section 10(4) of the Town and Country Planning Act states: "In dealing with an application for planning approval… the Department shall have regard to -

• (a) The provisions of the development plan, so far as material to the application,
• (b) Any relevant statement of planning policy under section 3;
• (c) Such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and
• (d) All other material considerations."

4.3 Section 16(3) of the Town and Country Planning Act (1999) states, "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". - 4.4 Section 18(4) of the Town and Country Planning Act (1999) states, "(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". - 4.5 In light of (a) above, it is considered that two key documents are:

• o Area Plan for the South; and
• o The Isle of Man Strategic Plan (2016). Area Plan for the South

4.6 The site lies within an area not designated for development under the Area Plan for the South. The site is within a Conservation Area and a Registered Building, No.181. Isle of Man Strategic Plan (adopted 2016) - 4.7 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application. - 4.8 Strategic Policy 4 states: "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;
• (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."

4.9 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.10 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." - 4.11 Environment Policy 34 states: "In the maintenance, alteration or extension of pre1920 buildings, the use of traditional materials will be preferred." - 4.12 Planning Policy Statement 1/01 - Conservation Of The Historic Environment Of The Isle Of Man

5.0 CONSULTATION RESPONSES Full comments can be viewed via the online planning website.

Local Authority

5.1 Malew Parish Commissioners have no objection (07.03.2024).

Government Departments

5.2 DOI Highway Services comment they have no highway interest (23.02.2024). - 5.3 Registered Building Officer makes the following comment (04.03.2024); "I did look at these applications briefly when they were submitted. In my view, as the material, opening method and pattern of glazing bars of the existing windows is being replicated by the proposed replacements, the proposals comply with the windows policy in circular 1/98. As the proposal is to replicate the existing style and materials, I would also judge that the building's special architectural and historic interest is being preserved and protected."

6.0 ASSESSMENT - 6.1 Main Issues

• Statutory test (Town and County Planning Act 1999); and o Impact upon the Conservation Area/Registered Building and the visual amenities of the street scenes (StP 4, GP 2, EP 4, 30, 32, 34 & 42 of the IOMSP).

Statutory test

6.2 Firstly, given the proposals involves the alteration of a Registered Buildings, the first consideration is the statutory test, which have significant material planning consideration which are outlined within the Town and County Planning Act 1999. - 6.3 It is necessary to apply the Conservation Area statutory test as referenced in sections 4.3 and 4.4 of this report on whether the proposal would preserve or enhance the Conservation Area and 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. - 6.4 The proposals to the front and rear elevations would be on a "like for like" basis and would replicate the material, method of opening, glazing pattern and overall design of the existing windows. Accordingly, it is considered the proposals would preserve (neutral impact) the buildings character and appearance.

Impact upon the Conservation Area/Registered Building and the visual amenities of the street scene

6.5 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Sections 18(3) and 18(4) of the Town and Country Planning Act (1999) as mentioned above, also requires that the desirability of preserving or enhancing its character or appearance in the exercise. - 6.6 For the reason outlined previously (par 6.2.2 to 6.2.4) it is considered the proposal are acceptable and would preserve the character and appearance of the Conservation Area and ensure the preservation of the existing building, its setting and its features of special architectural/historic interest which it possesses.

7.0 CONCLUSION - 7.1 As outlined in this report the main concern of the application centres on the Registered Building (Nrs 181) and the proposed alterations to it. As outlined it is considered the new windows to the front and rear elevations would preserve the building and its setting. Therefore the proposal would comply the i.e. Section 16 (3) and 18(4) of the Town and Country Planning Act (1999) Statutory test and the IOMSP EP32 & 34, SP 4 and GP2 and Planning Policy Statement 1/01.

7.2 Accordingly, for these reasons it is recommended the application is approved.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 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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