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The application site is the Tower of Refuge which is a stone structure built in 1832 as shelter for shipwrecked sailors on Conister Rock in Douglas Bay. The Tower is also a Registered Building.
The application is seeking planning permission and Registered Building Consent to install 28 lighting units onto the building.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policy 4, General Policy 2 and Environment Policy 32.
Environment Policy 32 states that "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.
Section 16(3) of the Town and Country Planning Act 1999 states that "In considering whether to grant planning approval for development which affects a registered building or its setting, or 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."
Within Planning Policy Statement 1/01, the following policies are considered to be relevant in the determination of this application: Policy RB/5
Policy RB/5 states that "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."
There has been no previous planning application for the site considered relevant to the assessment of this application.
Douglas Corporation has advised that they do not oppose the applications. The Isle of Man Victorian Society has commented on the quality of the applications and has objected on the lack of information.
This is a joint report for planning permission and Registered Building consent. The key issue for both of the applications is whether the proposed lighting scheme for the Tower would adversely affect the setting of the Registered Building.
The applications had originally proposed a lighting scheme of 68 linear fluorescent up lights and 30 downward floodlights. Following concerns from the Conservation Officer and the Planning Officer, the applicants have revised their floodlighting scheme to 28 lighting units. This reduction in the number of units reduces significantly the impact of the scheme on the setting of the Registered Building. The Conservation Officer is content with the proposed scheme. It is considered this proposal will not have an adverse affect on the setting of the Registered Building.
It is recommended that planning permission and Registered Building Consent be granted subject to conditions in the attached schedule.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Isle of Man Victorian Society do not have sufficient interest in the application to be afforded party status in this instance.
In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Douglas Corporation Highways Division of the Department of Transport
Accordingly the following parties are not afforded interested party status: Isle of Man Victorian Society.
Recommended Decision: Permitted
Date of Recommendation: 10.08.2009
N : Notes attached to conditions R : Reasons for refusal
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This consent relates to the installation of floodlights as shown in drawing numbers 100, 101, 122 date stamped 12th August 2008, JC5402/E/06, JC5402/E/07, JC5402/E/08, JC5402/E/09, JC5402/E/10 date stamped 9th July 2009.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Committee Meeting Date : Signed : Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
11 August 2009 08/01580/CON Page 4 of 4
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