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                                                 25/00731/CON                                      Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/00731/CON Applicant : Mr Stephen Hamer Proposal : Registered Buildings Consent for the replacement of eight high- level windows - RB248 (in association with 25/90740/GB) Site Address : Michael Parish Church Main Road Kirk Michael Isle Of Man IM6 1ER

Technical Officer: Tom Sinden Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 10.09.2025 __

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. Prior to the commencement of works, a preliminary assessment for roosting bats and summer emergence surveys shall been undertaken by a suitably qualified ecological consultancy and a report including a ecological mitigation plan be submitted to and approved in writing by the Department. Thereafter the ecological mitigation plan is to be carried out in full.

Reason: To ensure the development results in no harm to the statutory protected species.

N . The applicant should note that it is a legal requirement for a written method statement to be obtained from the DEFA Ecosystem Policy Team prior to any works commencing on parts of the building where active bat roosts are present. This is in line with sections 9 and 10 of the Wildlife Act 1990. The applicant is directed to get in contact with DEFA Ecology on 651577 at least 4 weeks before works are due to take place and ideally 2 months before, so that this written advice can be provided.

This application has been recommended for approval for the following reason. The application meets the statutory test within section 16 of the Act, as the building and its features of special architectural and historic interest are being preserved by the replacement tower windows. It is also judged that the application would accord with Strategic Policy 4 and Environment Policy 32 of the Strategic Plan as the proposed works would protect and preserve the building's special interest. The application is therefore considered to be acceptable.

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                                                 25/00731/CON                                      Page  2  of  4

Plans/Drawings/Information;

This decision relates to the supporting information and schedule of work submitted on 1.8.2025.

__ Interested Person Status

The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, DEFA Ecology cannot be given the Right to Appeal. __

Officer’s Report

1.0 THE SITE

1.1 The site is St Michael and All Angels Church (Michael Parish Church), a Registered Building within the Kirk Michael Conservation Area. The church was consecrated in 1835, replacing the 12th century parish church that was deemed in poor condition and too small for the parish population. Designed by architect John Welch, the church has a Victorian Gothic style, is cruciform in shape with a large tower at the west end. The church is rendered, with metal framed windows and a natural slate roof.

2.0 THE PROPOSAL

2.1 This application seeks registered building consent to replaced eight high-level windows on the church's tower. The windows would be replaced with treated red pine frames, and one fixed pane of glass in each window. The leaded lattice detailing would not be replicated.

3.0 PLANNING POLICY

3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 Strategic Policy 4 Environment Policy 32 Environment Policy 34

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 POLICY RB/5

4.0 PLANNING HISTORY

4.1 Whilst there have been several historic applications for internal alterations, protection to windows, installation of antenna/dishes and the formation of an access, none of these are considered relevant to the current application.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

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                                                 25/00731/CON                                      Page  3  of  4

5.1 The Ecosystems Policy Team have submitted comments highlighting the legal protection of bats and have requested a preliminary assessment for the presence of bats, and requesting conditions in relation to the protected species (15.8.2025).

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 eight rectangular windows approximately half way up the Church's tower (two windows on each side of the tower). The Church was designed by notable local architect John Welch in a Victorian Gothic style. While the lead lattice detailing within these windows is not proposed to be replicated within the replacement windows, each of these windows are small in size and have very deep recesses. The leaded detailing is not visible from ground level, and whilst the window recesses are a readily visible and prominent element of the tower, the glass within the windows is not. With this in mind, I judge a plain pane of glass to be something that would preserve the special architectural interest of the building.

Policy Tests 6.2 The window replacement works proposed within this application are intended to protect and preserve the internal fabric of the tower, including the historic clock and its former winding mechanism. Several of the windows are damaged, one is missing and all have large amounts of corrosion. As per section 6.1 above, although the proposed windows would not include the leaded detailing, given the location and very limited visibility of the window glass, I judge that the proposals would protect and preserve the special interest of the building.

6.3 The Ecosystems Policy Team have submitted comments in relation to the known presence of bats within the Church. The team object to the application on the basis of not having enough information to assess the impact. In this instance, with the size of the windows in question and the presence of much larger louvred openings above, I consider that a pre- commencement assessment is more suitable. Given the Ecology comments, the known presence of bats, and the legal protection afforded within the Wildlife Act, it is recommended that a preliminary assessment for roosting bats and a summer emergence survey be required to be submitted prior to commencement of works. It is also recommended that a note be added to any approval that highlights the requirements under the Wildlife Act.

7.0 CONCLUSION

7.1 It is judged that the application meets the statutory test within section 16 of the Act, as the building and its features of special architectural and historic interest are being preserved by the replacement tower windows. It is also judged that the application would accord with Strategic Policy 4 and Environment Policy 32 of the Strategic Plan as the proposed works would protect and preserve the building's special interest. The application is therefore recommended for approval.

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:

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.

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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.

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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: 10.09.2025

Determining Officer

Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.