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25/90740/GB
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90740/GB Applicant : Stephen W Hamer Proposal : Replacement of eight high-level windows (in association with 25/00731/CON) 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 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.
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 tests within section 16 and 18 of the Act, as the building and its features of special architectural and historic interest, and the character of the conservation area, are being preserved by the replacement tower windows. It is also judged that the application would accord with Strategic Policy 4, Environment Policy 32 and Environment Policy 35 of the Strategic Plan as the proposed works would protect and preserve
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the registered building's special interest and the character and appearance of the conservation area. The application is therefore considered to be acceptable.
Plans/Drawings/Information;
This decision relates to the supporting information and schedule of work submitted on 1.8.2025.
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Right to Appeal
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 The site has an established use as a Place of Worship, and is within the Kirk Michael Conservation Area. The site is not in an area at risk of 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 Strategic Policy 4 Environment Policy 32 Environment Policy 34 Environment Policy 35
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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
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.
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 Tests 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.
6.2 Section 18 of the Act requires the Department to pay special attention to the desirability of preserving or enhancing the character or appearance of any conservation area in the exercise of any powers under the Act. In this instance, these works propose the replacement of eight high level windows on the tower of the Parish Church, one of the most notable buildings within the conservation area. Although the leaded detailing is not proposed to be replaced within the windows, the protection of the historic fabric within the Church is judged to be something that will preserve the character and appearance of the conservation area.
Policy Tests 6.3 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 and preserve the special character of the conservation area.
6.4 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-
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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 tests within section 16 and 18 of the Act, as the building and its features of special architectural and historic interest, and the character of the conservation area, are being preserved by the replacement tower windows. It is also judged that the application would accord with Strategic Policy 4, Environment Policy 32 and Environment Policy 35 of the Strategic Plan as the proposed works would protect and preserve the registered building's special interest and the character and appearance of the conservation area. The application is therefore recommended for approval.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
8.5 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 the Right to Appeal.
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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
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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
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