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                                      24/00379/GB                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00379/GB Applicant : Laxey Glen Mills Limited Proposal : Replacement timber windows and doors to main building and screen house (in association with RB consent application 24/00327/CON) Site Address : Flour Mill Mill Road Laxey Isle Of Man IM4 7AU

Technical Officer: Thomas Sinden Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 22.05.2024 __

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. The proposals meet the tests of Section 16 and 18 of the Town and Country Planning Act 1999, and the tests of General Policy 2, Strategic Policy 4, Environment Policy 32 and Environment Policy 35 of the Strategic Plan 2016, as the special interest of the Registered Building and Conservation Area are being preserved and protected, and the proposals respect the character of the surrounding townscape. It is therefore judged that the application is acceptable.

Plans/Drawings/Information;

This decision relates to the window details and other supporting information submitted on 16th April 2024. __

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Interested Person Status - Additional Persons

The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, DEFA Fisheries cannot be given Interested Person Status. __

Officer’s Report

1.0 THE SITE

1.1 The site is Laxey Glen Flour Mills. The building is registered (RB 337), and represents a mid-19th century mill complex still in use for its original purpose and retaining many elements of historic fabric and detailing.

2.0 THE PROPOSAL

2.1 The application seeks approval to replace the existing windows on the main building and adjacent screen house with timber framed windows in a style and glazing bar arrangement that seeks to replicate the existing units as closely as possible. The application is concurrent with registered building consent application 24/00327/CON.

3.0 PLANNING POLICY.

3.1 The site lies within an area designated on the Area Plan for the East 2020 as industrial, and within the Laxey Conservation Area. The site is in an area that is noted as having a high likelihood of surface water flooding according to the Government's Flood Risk Viewer.

3.2 TOWN AND COUNTRY PLANNING ACT 1999

S16 Registered buildings: supplementary provisions (3) In considering - (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.

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.

3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

General Policy 2 Strategic Policy 4 Environment Policy 32 Environment Policy 35

3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY RB/3 POLICY RB/5

4.0 PLANNING HISTORY

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4.1 Although there are a number of applications on the site relating to replacement of silos, ancillary buildings and the use of parts of the site, there are no applications that specifically relate to the main building or screen house.

5.0 REPRESENTATIONS Full copies of the submitted representations are available on the Department's website. This report contains summaries of the comments received.

5.1 The D.O.I. Highways Division have stated that they find the application to have no highways interest (26.4.2024).

5.2 DEFA Fisheries have stated that they have no objections to the application (21.5.2024).

5.3 Garff Commissioners make comment regarding the style of windows, but stated that members generally supported the application (22.5.2024).

6.0 ASSESSMENT

Statutory Test 6.1 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." In this instance, the application proposes to replace the existing timber framed windows with timber framed in a style and glazing bar arrangement that seeks to replicate the existing. The building has been the subject of several significant fires, and as a result the windows now in place are not those that were installed when initially constructed. Although the intermediate bars are proposed to be slightly thicker in order to accommodate toughened glazing, the proposed windows are judged to be sufficiently similar to preserve the building's special interest. In addition, the replacement windows are judged to be in a style and material that would preserve the character and appearance of the conservation area.

Policy Tests 6.2 The application proposes to replace the existing timber framed windows with timber framed in a style and glazing bar arrangement that seeks to replicate the existing. The existing windows in question are themselves replacements, as the building has been the subject of several serious fires during its lifetime. Although the glazing bars would be slightly thicker than those currently in evidence, they are judged to be sufficiently similar to protect and preserve the building's special interest, respect the form and design of the existing building, and to respect the character of the surrounding landscape.

6.3 Whilst the site is within an area noted as being at high risk of surface water flooding, the replacement windows that are the subject of this application would not alter the building or the site's susceptibility to flooding, and therefore flood risk is not considered to be a valid reason for refusal in this instance.

7.0 CONCLUSION

7.1 It is judged that the proposals meet the tests of Section 16 and 18 of the Town and Country Planning Act 1999, and the tests of General Policy 2, Strategic Policy 4, Environment Policy 32 and Environment Policy 35 of the Strategic Plan 2016, as the special interest of the Registered Building and Conservation Area are being preserved and protected, and the proposals respect the character of the surrounding townscape. It is therefore recommended that the application be approved.

8.0 INTERESTED PERSON STATUS

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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 __

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 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: 22.05.2024

Determining officer Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.