Officer Planning Report Revised

Planning Report And Recommendations {{table:535995}} ### Considerations {{table:535993}} ### Written Representations ### Consultations {{table:535994}}

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

Planning History

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

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 - PENDING CONSIDERATION

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 The application seeks approval for the installation of replacement stained glass windows and two roof lights (In association with 08/01411/CON).

The proposed windows would replace the destroyed stained glass windows in the north elevation (like-for like). However, the application also proposes to retain the previously refused clear leaded windows, which would remain to provide protection. Additionally, the proposal is to install two conservation style roof lights within the roof of the porch.

Reprsentations

The Ramsey Commissioners:- "No Objection" The Authority has received no privately written representations objecting to the application.

Assessment / Recommendation

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;
• (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."

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."

Conservation Officer'S Supplementary Report:

This application seeks approval to install replacement stained glass windows and two roof lights. An inspection of the application however, reveals that the proposal is to retain the existing clear glass windows as screens to the reinstated stained glass windows. Both windows are also intended to open.

The previous Planning Application 06/01358/GB and Registered Building Consent Application 06/01359/CON for the installation of clear leaded windows to replace missing and damaged stained glass windows and the introduction of porch windows and porch roof lights was refused for the following reason:

"The replacement of the original stained glass windows with two clear glass windows, by reason of their design is considered to be inappropriate given the Registered Status of the property, which results in an unacceptable alteration, to the detriment of the appearance of the property. As such, the proposal is contrary to Policy RB/5 of Planning Policy Statement 1/01 and paragraph 5 of Planning Circular 1/98."

There has been substantial correspondence on with the applicant's agent regarding the submission, resulting in a letter dated 8th December 2008 which states:

"the existing plain leaded glass will remain in place and behind this glass and formed into a lightweight timber frame will be stained glass, which you have sketches of. The purpose of leaving the existing plain leaded glass will be to provide protection for the expensive stained glass in the event of mechanical damage e.g. stones being flicked up off the lawn or from vandalism. Both windows will be non-opening since there is ventilation elsewhere."

I do not consider that this was what the Planning Committee had that in mind when they refused the previous application. Furthermore, and despite correspondence requesting it, the detail appended to this application is considered insufficient properly to consider the application.

The stained glass windows are and were very much a feature of this registered building and one which should not be lost or indeed obscured beyond recognition. It is considered that this application does not respect the character of the building which retains stained glass windows elsewhere and was very much a feature of this property. The content of this application is therefore considered to be detrimental to the character of the Registered Building.

Turning to the addition of the roof lights and omission of the windows to the entrance porch, these are not a cause for concern as they are considered to have a minimal impact on a new addition to the registered building.

Assessment / Recommendation

Taking the Conservation Officer's comments into account, it is agreed that the Planning Committee refused the previous application for the retention of the clear leaded windows, as it was considered they would not preserve or enhance the character of the Registered Building or the surrounding landscape, but would be to the detriment of the appearance of the property.

It is considered that this position remains, and any scheme should be for the removal of the existing clear lead windows and their replacement with the stained glass windows as originally fitted. The proposal to retain the clear leaded glazing would be a visually intrusive feature to the Registered Building and would not preserve or enhance its character.

In conclusion, it is recommended that the planning application be refused due to conflict 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) in that the proposed works would not preserve or enhance the

character of the Registered Building or the surrounding landscape, but would be to the detriment of the appearance of the property.

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: Refused

Date of Recommendation: 25.02.2009

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

R 1.

By reason of their inappropriate design which results in an unacceptable alteration given the Registered Status of the property. The proposed development would be contrary to 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) in that the proposed works do not preserve or enhance the character of the Registered Building or the surrounding landscape, but would be to the detriment of the appearance of the property.

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

YES/NO