Planning Report and Recommendations

Application No.: 09/01158/CON Applicant: Mr John Scaife Proposal: Registered Building Consent for the re-instatement of two stained glass windows (RB no 90 in association with 09/01157GB) Site Address: - Ballure Church - Walpole Drive - Ramsey - Isle Of Man - IM8 1NA ### Considerations Case Officer: Mr Chris Balmer Photo Taken: Mr Chris Balmer Site Visit: Senior Planning Officer Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee: Clerk To The Commissioners Notes: No objection. Consultee: Conservation Officer Notes:**

Officer's Report

Site

The site represents the residential curtilage of St Mary's Church, Walpole Drive, Ramsey, which is a single storey detached pitched roofed property which is located on a corner plot with Walpole Drive to the north and Ballure Road to the east of the site.

Land Use Zoning / Planning Policies

The application site is within an area recognised as being an area of "Predominately Residential", under the Ramsey Local Plan. The site is not within a Conservation Area, but the building is a Registered Building (Nr 90).

The following policies are considered relevant in the consideration of this application:

• Ramsey local Plan 1998 – Planning Circular 2/99;
• The Isle of Man Strategic Plan (20th June 2007) - General Policy 2 and Environmental Policy 32;
• Planning Policy Statement 1/01 – Policy RB/5

Due to the zoning of the site and as the property is a Registered Building the following policies are relevant for consideration:

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."

General

Policy 2: "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; (1) 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."

Planning Policy Statement 1/01 "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:

• 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;
• 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;
• 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)."

"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."

Ramsey Local Plan Written Statement states:- 3.10 F. Ballure - "Most of this area is either developed, partly developed, or has the benefit of planning permission. It is important that the completion of these development or any proposals for further development should be such as to safeguard the settings of the Manx Electric Railway and St Mary's Church, and should have regard to the amenity value of existing trees and gardens."

Planning History

The following previous planning applications are considered relevant in the assessment and determination of this application:

Installation of replacement stained glass windows and two roof lights (In association with 08/01411/CON) - 08/01410/GB - REFUSED

PA 08/01411/CON - Registered Building consent to install replacement stained glass windows and two roof lights (In association with 08/01410/GB) Registered Building Nos. 090 - REFUSED

PA 08/00052/GB - Alterations and erection of a detached garage (In association with 08/00053/CON) - REFUSED

PA 08/00053/CON - Registered Building consent for alterations and erection of a detached garage (In association with 08/00052/GB) Registered Building Nos. 90 - REFUSED

PA 06/01358/GB - Installation of clear leaded windows to replace missing and damaged stained glass windows and introduction of porch windows and porch roof lights (in association with 06/01359/CON) - REFUSED

PA 06/01359/CON - Installation of clear leaded windows to replace missing and damaged stained glass windows and introduction of porch windows and roof lights (in association with 06/01358/GB) REFUSED

PA 02/02458/GB - Conversion of redundant church into private dwelling - Approved PROPOSAL Re-instatement of two stained glass windows (In association with 09/01158CON). The proposed windows would replace the destroyed stained glass windows in the north elevation (like-for like).

Representations

The Ramsey Commissioners:- "No Objection" The Authority has received no privately written representations objecting to the application. CONSERVATION OFFICER'S SUPPLEMENTARY REPORT: As the property is a Registered Building (RB 90) the content of this application has been considered with particular regard to POLICY RB/5 ALTERATIONS AND EXTENSIONS as set out within Planning

Policy Statement 1/01, and Planning Circular 1/98 The Alteration and Replacement of Windows, specifically paragraph 4. Category a) REGISTERED BUILDINGS.

The previous Planning Applications 06/01358/GB and 08/01410/GB and Registered Building Consent Applications 06/01359/CON and 08/01411/CON were for the installation of clear leaded windows to replace missing and damaged stained glass windows and introduction of porch windows and porch roof lights. All four applications were refused by Committee and the subsequent Appeals withdrawn by the applicant's agent.

There has been substantial correspondence with the applicant's agent regarding the previous submissions which has finally resulted in these two latest Planning and Registered Building Consent applications.

The stained glass windows are and were very much a feature of this registered building a former chapel, and one which should not be lost or indeed obscured beyond recognition. It is considered that this application to reinstate the stained glass windows, which are to be exact replicas of the originals, finally respects the character of the registered building which retains stained glass windows elsewhere and is therefore acceptable.

Assessement / Recommendation

Taking the Conservation Officer's comments into account, it is considered that the proposal to reinstall the stained glass windows as originally fitted would be acceptable and beneficial to the registered property and would preserve and enhance its character.

A condition should be attached which states that the two existing clear leaded windows in the north elevation, which where installed to replace missing and damaged stained glass windows and consequently refused under applications 06/01359/CON, 06/01358/GB, 08/01410/GB \& 08/01411/CON are to be removed and replaced with the proposed stain glass windows within one year of this decision.

The applicant has asked for two years to carry out the works, however, after discussion with the Conservation Officer, who has spoken to the glazier, it is considered one year, is more than adequate to carry out the works.

In conclusion, it is recommended that the planning application be approved due to complying with RB/3 and RB/5 of Planning Policy Statement 1/01 and Environment Policy 32 and General Policy 2 of the Isle of Man Strategic Plan (June 2007).

Party Status

It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Ramsey Commissioners Department of Transport Highways Division

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 26.10.2009

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions

R : Reasons for refusal

0 : 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 all drawn information as follows: Boundary Map date stamped 13 Jul 2009 Drawing No. 2281 12.1.03 Rev D Plans as proposed date stamped 13 Jul 2009 Drawing No. 2281 12.2.03 Rev D Elevations as proposed date stamped 13 Jul 2009 2No. A4 Photo sheets date stamped 13 Jul 2009

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : Signed : Senior Planning Officer