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                                      23/01447/CON                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/01447/CON Applicant : Mr Ian Swindells Proposal : Registered Building Consent for internal alterations at ground floor level - RB295 Site Address : Cosy Nook Shore Road Port Erin Isle Of Man IM9 6HH

Technical Officer: Mr Thomas Sinden Photo Taken : Site Visit : Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 18.01.2024 __

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.

This application has been recommended for approval for the following reason. The application is in accordance with section 16 of the Town and Country Act 1999 as the building's special interest is being preserved. The application also meets the tests of Planning Policy Statement 1/01 as well as Strategic Policy 4, Environment Policy 32 and Environment Policy 34 of the IOM Strategic Plan 2016 as the building is being protected and preserved, and traditional materials are being used. The application is therefore judged to be acceptable.

Plans/Drawings/Information; This decision relates to drawings 2302-PL-001, 2015-PL-002 and 2302-PL-006, together with the other supporting information submitted on 14th December 2023. __

Interested Person Status - Additional Persons

None __

Officer’s Report

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THIS APPLICATION FOR REGISTERED BUILDING CONSENT IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE INTERIM HEAD OF DEVELOPMENT MANAGEMENT AS THE CONCURRENT PLANNING APPLICATION IS BEING PUT BEFORE THE COMMITTEE AND IS RECOMMENDED FOR APPROVAL

1.0 THE SITE 1.1 The site is the Cosy Nook, registered building 295. The building itself is formed of two traditionally styled Manx cottages, with white-washed Manx stone walls, a pitched roof and chimney stacks on the gable and party walls. A non-historic flat roof servery is attached to the property's southern elevation (this element of the building is not included within the registration). The reasons for registration state that the building is a surviving vernacular building of early Port Erin located in unique shoreline location, and a surviving example of the adaptation of a vernacular building to accommodate the growing tourism industry, it is an example of the national story of the island's development from rural life to tourist destination and associated social and cultural history.

2.0 THE PROPOSAL 2.1 This application for registered building consent seeks approval for remedial works to the internal walls and floor of the ground floor room of the western cottage. The internal walls would have the cementitious render removed and be painted with breathable paint, whilst the floor would have the cement screed removed and mid grey stone paving slabs installed.

3.0 PLANNING POLICY. 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: (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;

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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 The existing rear annex was approved under 10/00774/B. An application for the demolition of the existing café and its replacement with a new building (20/00598/B) was withdrawn prior to determination. Application 21/00352/B approved the "erection of marquee, decking and steps for a temporary period and use of part of beach for Class 1.3 - Selling and consumption of food or drink - All between 15th May and 15th October in any year and until and including 15th October 2023." This application is concurrent with planning application 23/01446/B for "Courtyard and beach area to be used as temporary event and bar space; installation of additional seating and stretch tent; alterations to WC block."

4.2 There are no previous registered building consent applications on the property.

5.0 REPRESENTATIONS 5.1 Port Erin Commissioners advise that they have resolved to support the application (10.01.2024 & 20.12.2023).

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 make alterations to the fabric of the registered building. The removal of the cement based internal wall treatment and cement based screed, and their replacement with appropriate materials, are elements that are judged to be positive in respect of the long term health of the historic fabric.

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With this in mind, it is judged that the features of special architectural interest are being preserved and that the application therefore passes the statutory test.

Policy Tests 6.2 The ground floor area of the westerly, two bay, cottage has had cement based material applied to the internal walls. This has been in place since the mid to late 20th century. This application now proposes to remove this non-breathable material and apply Keim silicate paint. It is considered that this proposed alteration will be positive for the long term health of the walls, as it will enable the historic solid walls to breath. With this in mind, this element of the proposals is considered to preserve the building's special interest.

6.3 The floor of the cottage is currently a cement based screed. This application proposes to remove this screed and install grey sandstone paving, with grey pointing to match. It is likely that the cottage's historic floor would have been either stone paving or beach stone cobbles, given the location and available materials in the mid-19th century. The reintroduction of a stone paved floor finish is therefore judged to be appropriate, and to preserve the building's special interest.

6.4 It is noted on proposed drawing 006 that minor repairs are intended to the ceiling. These minor repairs extend to making good blemishes in the existing ceiling fabric, much of which is not historic, and painting the ceiling. Although these works might be considered repair and maintenance and not to require registered building consent, the proposals are in any case considered to be appropriate and to be something that would preserve the building's special interest.

7.0 CONCLUSION 7.1 It is judged that the proposals meet the tests of Section 16 of the Town and Country Planning Act 1999 as the special interest of the Registered Building is being preserved, and meet the tests of Strategic Policy 4 and Environment Policy 32 of the Strategic Plan 2016, as the special interest is being preserved and protected. It is therefore recommended that the application be approved.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) Manx National Heritage; and (c) 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. __

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Committee Meeting Date: 29.01.2024

Signed : T SINDEN Presenting Officer

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Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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