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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/00784/CON Applicant : Mr & Mrs Phillip & Ashley Evans Proposal : Registered building consent for alterations and refurbishment works including replacement roof and windows - RB 187 (in association with application 24/00782/GB). Site Address : 10 Victoria Terrace Douglas Isle Of Man IM2 4EU
Technical Officer: Tom Sinden Photo Taken : Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.09.2024 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.
Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.
C 2. No works to create new internal openings or doorways are to be undertaken until details showing the exact position and size of each opening/doorway have been submitted to and approved in writing by the Department. The openings/doorways are to be installed in accordance with the approved details, and retained thereafter.
Reason: To ensure that the special interest of this registered building is preserved.
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. Whilst some alterations are proposed to the building's plan form, any harm from these alterations is judged to be offset from the removal of the secondary glazing, the restoration of the internal panelling around the windows, the replacement of modern roof lights with low-profile conservation style roof lights and the overall renovation and long-term safeguarding of the building. The proposals are also judged to be in accordance with Strategic Policy 4 and Environment Policy 32 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;
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This decision relates to drawings 318/001, 318/002, 318/010 and 318/021 received 16th July 2024, and 318/020revA received 27th August 2024. __ Interested Person Status
The resident of 11 Victoria Terrace should not be granted Interested Party Status as whilst their comments in respect of replacement windows do relate to a relevant issue in Environment Policy 34, their comments do not explain how this relevant issue could impact the lawful use of their land.
The resident of Boxwood Cottage, 14 Victoria Place should not be granted Interested Party Status as their comments do not relate to relevant issues set out within Environment Policies 30 to 35 or 39 of the Strategic Plan 2016. __
Officer’s Report 1.0 THE SITE
1.1 The site (no 10) 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 internal and external works to the property. Externally this includes replacement roof tiles, replacement windows, replacement roof lights, replacement of rear elevation basement windows with doors, and making good of the painted render wall finishes. Internally the application proposes to remodel the existing first floor plan form to create a master bedroom with en-suite and dressing room, as well as a reconfigured staircase from first floor to attic floor. At basement level the plan form is proposed to be remodelled to create a bedroom with en-suite and dressing room in place of the existing kitchen. The application is concurrent with planning application 24/00782/GB.
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:
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(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 There are no previous planning or registered building consent applications on the property.
5.0 REPRESENTATIONS
Copies of representations received can be viewed on the government's website. This report contains summaries only.
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5.1 Douglas Borough Council had stated that they have no objections to the proposals (25.7.2024).
5.2 Resident of 11 Victoria Terrace "Just a few comments after speaking to relevant parties. I would like to see at least one of the garden gate pillars retained so i can rebuild my side, removal would destabilize the remaining section. Plastic windows to the rear is a retrograde step considering the departments previous position. Plastic is Renovation not Restoration. The roof over the front yard should be removed completely, previously built by an unscrupulous builder who owned the property at the time. As it stands drainage for this roof and the outlet roof is channelled via the drain at number 11, this is illegal and a trespass. Also as it stands any maintenance has to be done from number 11, this is more than an inconvenience" (15.8.2024).
5.3 Resident of Boxwood Cottage, 14 Victoria Place "I have lived at 14 Victoria Place for over 30yrs which is diagonally opposite to where the proposed removal of 3 mature trees (Sycamore, Elder, Holly) to create a parking area for 10 Victoria Terrace. I am a keen supporter of trees, in fact being one of the voluntary directors for the IoM Woodland Trust I regularly plant more around the Island and am always concerned when I see the demise of mature trees. I do object to the removal of these trees on the grounds that they contribute to diversity in the street plus the amount of carbon they sequester. I have for a long time thought that the emphasis should always be on saving mature trees before cutting them down as even when mitigation is done and young saplings are planted in replacement these will always fall short of the benefits of a fully grown tree i.e. 10's of years before diversity benefits and even more needed for carbon sequestration. Planning should always protect mature trees at all costs" (20.8.2024).
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 numerous internal and external alterations. 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. It is judged that any alterations that have the potential to alter these elements of the property are of primary importance in terms of preserving the building's special interest.
Replacement roof tiles and roof lights 6.2 Externally, the application proposes to replace the existing roof tiles, replacement windows, replacement roof lights, replacement of rear elevation basement windows with doors, and making good of the painted render wall finishes. The existing roof tiles are concrete, with non- conservation roof lights. The replacement roof tiles would be Redland concrete tiles, to match those recently installed on the adjacent property (number 9) that forms the other half of this pair of semi-detached properties. Although the historic roof finish would have been natural slate, as the proposed tiles would be the same material as those that currently exist, and would match those on the other semi-detached property, it is judged that the replacement roof tiles would preserve the building's special interest. In relation to the replacement roof lights, as the existing units are not in a conservation style and the proposed units would be conservation style with a recessed flashing detail, this element of the proposals is considered to preserve and partly enhance the building's special interest.
Replacement windows
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6.3 Two types of replacement windows are proposed within this application. On the front elevation, at ground and first floor level the application proposes to replace the existing windows with timber-framed double glazed units in a style, form and opening method to match the existing windows. Prior to submission of the application, two meetings on site have taken place with the owners and their agent. The existing windows were inspected during these two meetings, and it was apparent that parts of the frames of each window were in need of replacement due to the perished nature of the timber. As the material, style and opening method of the ground and first floor front elevation windows is proposed to be replicated, it is judged that these windows would preserve the building's special interest. At basement level on the front elevation, and at all levels on the rear elevation, the application proposes to replace the existing windows with UPVC framed sash opening units. The existing windows on the property's rear elevation are UPVC casement opening units, and it is understood that these units were in place at the time of registration in 2001. As the historic windows on the rear elevation are no longer in place, and the proposed windows would reinstate the historic opening method even though UPVC is being retained, it is judged that the proposed rear windows would preserve the building's special interest. With regard to the two basement level windows on the front elevation, within the light well, that are proposed to be replaced. Although the existing windows are timber framed, the units are not historic. Although the use of timber would be preferable, there is very limited visibility of these windows externally and these windows are not an element that is noted as contributing to be building's special architectural interest, it is judged that the basement level front elevation replacement windows would preserve the building's special interest.
Rear elevation basement doors 6.4 The application proposes to replace the rear elevation windows at basement level with two glazed doors. There are a number of instances along the terrace where the basement or ground floor openings on the rear elevation have been altered to doors. These alterations have been permitted on the basis that the intervention has not had any significant adverse impact on the terrace's special interest. With this in mind, the creation of doorways within these existing window openings is considered to preserve the building's special interest.
Internal alterations 6.5 The application proposes to remodel the existing first floor plan form to create a master bedroom with en-suite and dressing room, as well as a reconfigured staircase from first floor to attic floor. At basement level the plan form is proposed to be remodelled to create a bedroom with en-suite and dressing room in place of the existing kitchen. At both ground and first floor levels, the application proposes to remove the secondary glazing and to restore the timber panelling to its historic form. The alterations to the building's layout at basement and first floor will result in alterations to the building's plan form. However, it is apparent from the two site visits that have occurred prior to the submission of this application that the building's historic plan form is not intact. The removal of the secondary glazing and restoration of the internal panelling is judged to be a positive proposal. Overall, it is judged that the minor alterations to the plan form are offset by the restoration of the window panelling, and that the overall impact of the internal works would be to preserve the building's special interest. It is considered important that the proposed plan changes and new internal openings are undertaken in a sympathetic manner and that the building's pathology can be understood in the future. With this in mind, it is recommended that conditions are added to require that details of the form and nature of the internal openings/alterations to be submitted and approved by the Department prior to being undertaken.
Policy Tests 6.6 Strategic Policy 4 requires that 'proposals for development must protect or enhance the fabric and setting of registered buildings', while Environment Policy 32 states that '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.' As discussed within sections 6.1 to 6.5 above, it is judged that overall the proposals within the registered building
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consent application will preserve the special interest of the building. Whilst some alterations are proposed to the building's plan form, any harm from these alterations is judged to be offset from the removal of the secondary glazing, the restoration of the internal panelling around the windows, the replacement of modern roof lights with low-profile conservation style roof lights and the overall renovation and long-term safeguarding of the building. It is therefore judged that the application would preserve and protect the building's character and special interest.
6.7 Although comments have been received on the application in respect of loss of trees, the creation of the rear parking area, and the nature of the boundary with number 11 Victoria Terrace, this application for registered building consent is solely focussed on physical works to the registered building itself. As such, the matters raised by these comments will be assessed as part of the concurrent planning application 24/00782/GB.
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. Whilst some alterations are proposed to the building's plan form, any harm from these alterations is judged to be offset from the removal of the secondary glazing, the restoration of the internal panelling around the windows, the replacement of modern roof lights with low-profile conservation style roof lights and the overall renovation and long-term safeguarding of the building. The proposals are also judged to be in accordance with Strategic Policy 4 and Environment Policy 32 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.
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.
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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 and/or rights to appeal.
Decision Made : Permitted
Date: 12.09.2024
Determining Officer
Signed : J SINGLETON
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Jason Singleton Principal Planner
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