DEC Officers Report

Case Officer: Mr S Moore Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is the curtilage of 9 Castle Street, Castletown, named Compton House, a Registered Building (RB65) sited within the Castletown Conservation Area designated in 1990. The property in question is a late Georgian town house later converted to office use constructed from un-dressed limestone with a cement render finish to the front elevations. The property comprises three floors, the front and side elevations facing onto the main road are characterised by six-over-six timber sliding sash windows, whilst the front door, which faces onto a small open square immediately adjacent to the former house of Keys, surmounts three natural stone steps with plain neo-classical columns supporting a period authentic Georgian fan-light. The rear elevation consists of un-rendered local lime stone with timber sliding sashes whilst the low pitched roof is clad in natural Welsh slate. The property occupies the prominent corner site opposite Castle Rushen.

1. Castle Street is part of the inner ring road system around Castle Rushen and leads onto both the quay-side and Castletown Square, The Parade. Surrounding properties consist of a mixture of civic and other commercial premises.

The Proposal

1. This application seeks Registered Building Consent for the removal of a chimney stack from the rear of main roof slope.

Planning History

1. The following applications are considered relevant:

13/00906/CON Registered Building consent for refurbishment works and installation of a replacement window (In association with 13/00905/GB) Registered Buildings Nos. 65 – Application Permitted

Application No.:	14/00132/CON
Applicant:	Cain House Ltd
Proposal:	Registered Building consent for the removal of a chimney stack from rear pitched roof (In association with 14/00131/GB) Registered Building Nos. 65
Site Address:	Compton House 9 Castle Street Castletown Isle Of Man IM9 1LF

13/00905/GB Refurbishment works and installation of a replacement window (In association with 13/00906/CON) – Application Permitted

10/01346/CON Registered Building Consent for internal alterations and change of use of basement from former restaurant to archive storage (RBno 65 in association with 10/01345GB) – Application Permitted

10/01345/GB Internal alterations and change of use of basement from former restaurant to archive storage (In association with 10/01346 CON) – Application Permitted.

07/01360/CON Repair work to existing stone steps and stone slabs (In association with 07/01359/GB) Registered Building Nos. 65 – Application Permitted.

07/01359/GB Repair works to existing cobbled area, stone steps and stone slabs and erection of two bollards (In association with 07/01360/CON) – Application Permitted.

06/00933/CON Registered Building Consent for the installation of two replacement sliding sash windows to the rear of the property – Application Permitted.

06/00932/GB Installation of two timber sliding sash windows to replace existing on rear elevation (In association with 06/00933CON) – Application Permitted.

91/04132/C Change of use from retail shop to estate agents – Application Permitted.

90/00032/B Internal alterations to create additional shop unit to existing Sweet and Fancy confectionary shop. – Application Permitted.

Planning Policy

1. As 9 Castle Street, Castletown, named Compton House, is a Registered Building located within the Castletown Conservation Area designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 are Strategic Policy 4, General Policy 2, Environment Policies 32, 34 and 35 and Policies RB/3, RB/5 and CA/2 Special Planning Considerations from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) is also considered to be relevant to determining this application.

Strategic Policy 4 states:

"Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest;

• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and

• (c) not cause or lead unacceptable environmental pollution or disturbance."

General Policy 2 states:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;

• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

Environment Policy 32 states:

"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 states:

"In the maintenance, alteration or extensions of pre-1920 buildings, the use of traditional materials will be preferred."

Environment Policy 35 states:

"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

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 affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

Policy CA/2 - Special Planning Considerations states:

"When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

Representations

1. Castletown Commissioners have stated that the above application was discussed with no objections raised.

Assessment

1. The application seeks Registered Building Consent for the removal of a chimney stack from the rear of main roof slope and the resulting hole in the roofslope slated over to match the remainder of the roof.

1. The black and white record photography taken the time of the addition of the building to the Protected Building Register on the 24th February 1984 indicates that the small, brick flue was in place at that time.

1. The small flue, the subject of this application, is on the rear roof slope at eaves level and may be viewed from the public car park. The small flue is neither particularly well built, nor is it of architecturally or historically significant. The main stack bisecting the ridgeline is a dominant architectural feature within the townscape and the immediate environs. The removal of the flue, doubtless a later modification to the building, will reintroduce the parapet line, removing an aspect of visual clutter from the skyline.

1. In conclusion; removal of this secondary flue is not considered to have a detrimental impact upon the character of the Registered Building or the Castletown Conservation Area within which it is located and in doing so, is considered to comply with the relevant planning policies from the Isle of Man Strategic Plan 2007 are Strategic Policy 4, General Policy 2, Environment Policies 32, 34 and 35 and Policies RB/3, RB/5 and CA/2 Special Planning Considerations from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man).

Recommendation

1. For the above reasons the application is considered to be acceptable and is recommended for approval.

Party Status

1. The local authority, Castletown Commissioners, is by virtue of the Town and Country Planning (Development Procedure) (No2) Order 2013 (Article 6(4)(e), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 03.03.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the following information all date stamped 03 February 2014:

A4 Sheet "Location Plan" Scale 1:500 Drawing Number 01 A4 Photo 1 Sheet "Existing defective chimney stack removed below level of roof tiles. Existing opening in roof to be made good using the tiles to match existing" A4 Photo 2 Sheet "Existing defective chimney stack removed below level of roof tiles. Existing opening in roof to be made good using the tiles to match existing" A4 Photo 3 Sheet "Existing defective chimney stack removed below level of roof tiles. Existing opening in roof to be made good using the tiles to match existing"

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 13/3/14

Determining officer (delete as appropriate)

Signed : _________________________ Signed : _________________________ Chris Balmer Serial Corlett Senior Planning Officer Senior Planning Officer

Signed: _________________________ Michael Gallagher Director of Planning and Building Control Signed: _________________________

Signed: _________________________ Michael Gallagher Director of Planning and Building Control Signed: _________________________

Jennifer Chance Development Control Manager

3 March 2014

Jennifer Chance Development Control Manager

3 March 2014