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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00737/CON Applicant : Miss Elizabeth Innes Proposal : Registered Building Consent for Installation of replacement windows and doors (in association with 24/00723/GB) Site Address : 5-7 Queen Street Peel Isle Of Man IM5 1AG
Technical Officer: Tom Sinden Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 19.08.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The replacement of painted timber windows and doors in this Registered Building with UPVC units would fail the statutory test within Section 16 of the Act as it would not preserve the building or its features of architectural special interest.
R 2. The replacement of painted timber windows and doors in this Registered Building with UPVC units would fail the tests of Strategic Policy 4, Environment Policy 32 and Environment Policy 34 as the building would not be protected, preserved or enhanced, and traditional materials are not being used. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is 5-7 Queen Street, Peel. The property is part of a terrace of vernacular two storey terraced dwellings that are entered on the Protected Buildings Register (RB108). The registered terrace has special interest as one of the most significant and representative examples of working class dwellings from the early 19th century, with surviving architectural features, setting and plan forms.
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2.0 THE PROPOSAL 2.1 The application for registered building consent seeks permission to replace the existing timber windows and doors with UPVC windows and doors.
3.0 PLANNING POLICY. 3.1 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.
3.2 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.
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/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.
3.4 Planning Circular 1/98: The Alteration And Replacement Of Windows Category a) Registered Buildings
If the original windows are still in place they should be preferably repaired. If the repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly
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applied other than where the particular circumstances are so exceptional as to justify a relaxation.
4.0 PLANNING HISTORY 4.1 Whilst there are historic applications in 1988, 1989 and 1991 regarding the entire registered block of dwellings (1-11 Queen Street and 5-9 Charles Street), there are no applications deemed relevant to the current application.
5.0 REPRESENTATIONS 5.1 No comments have been received.
6.0 ASSESSMENT Statutory Test 6.1 Section 16 of the Act states that 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." In this instance, the application proposes to replace the existing timber windows and doors with UPVC windows and doors. Although the opening method of the Queen Street facing windows is proposed to be replicated, the use of UPVC to replace painted timber for these elements is a clear departure from the guidance in planning circular 1/98 in respect of replacement windows on registered buildings, and a clear departure from Environment Policy 34, which states a preference for traditional materials. No justification has been made in support of this application that would warrant the use of UPVC for these elements. The Department's policy is clear that existing windows should be repaired where possible, and replaced in an identical manner in all respects if repair is not possible. As these buildings have been entered on to the Protected Buildings Register as a surviving example of 19th century vernacular dwellings in an urban setting, it is judged that the replacement of the existing timber windows and doors with UPVC units would not preserve the building or its features of special architectural interest, and as such the application is considered to fail the statutory test.
Policy Tests 6.2 The application proposes to replace the existing timber windows and doors with UPVC windows and doors. Although the opening method of the Queen Street facing windows is proposed to be replicated, the use of UPVC to replace painted timber for these elements is a clear departure from the guidance in planning circular 1/98 in respect of replacement windows on registered buildings, and a clear departure from environment policy 34, which states a preference for traditional materials. No justification has been made in support of this application that would warrant the use of UPVC for these elements. The Department's policy is clear that existing windows should be repaired where possible, and replaced in an identical manner in all respects if repair is not possible.
6.3 In addition to these tests, the replacement of painted timber windows and doors with UPVC is also judged to fail to protect, preserve or enhance this registered building as required by Strategic Policy 4.
7.0 CONCLUSION 7.1 It is judged that the proposals fail the tests of Section 16 and 18 of the Town and Country Planning Act 1999, and the tests of Strategic Policy 4 and Environment Policies 32 and 35 of the Strategic Plan 2016, as the replacement of painted timber windows and doors with UPVC units is judged to fail to preserved, protected or enhanced this registered building. It is therefore recommended that the application be refused.
8.0 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:
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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.
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 as per section 3.2.4 of the Operational Policy. __
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 : Refused Date: 20.08.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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