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Application No.: 22/00572/B Applicant: Sterling Estates Limited Proposal: Installation of replacement windows and door Site Address: 10 Auckland Terrace Parliament Street Ramsey Isle Of Man IM8 1AF Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 12.07.2022 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal R 1. The proposed uPVC material would not preserve or protect the character, setting and special architectural/historical interest of the registered building. This application is considered to fail to comply with General Policy 2 and Environment Policy 32 of the Strategic Plan, Planning Policy Statement 1/01 and Planning Circular 1/98.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is the curtilage of 10 Auckland Terrace, Parliament Street, Ramsey, a midterrace house located on the north of Parliament Street, close to its junction with Parliament Square.
2.1 The proposed is the replacement of all windows and an entrance door on the front elevation. - 2.2 The front elevation windows are replaced with like-for-like think-line uPVC sliding sash windows. The front door would be replaced with an aluminium and timber composite door with a style matching the existing one.
3.0 PLANNING HISTORY - 3.1 Installation of replacement windows and doors to front and rear elevations (in association with 20/00114/CON) at 3 Auckland Terrace was REFUSED under PA 20/00113/GB. Both properties are part of the same Registered Building. While this 2020 application proposed more contemporary windows design and the current application tries to mimic the original design, both proposed to use uPVC windows. The reason for refusal was: "The applicant has not adequately demonstrated that repair is impractical to all windows and door as required and in addition, by virtue of the use of modern frame materials and inappropriate glazing pattern, the proposed works would have a substantial, harmful impact on the Registered Building contrary to Environment Policies 32 and 34 of the Strategic Plan, Policies RB/3 and RB/5 of Planning Policy Statement 1/01 and Planning Circular 1/98."
4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Mixed Use (Town Centre) in the Ramsey Local Plan 1998. - 4.2 The building is part of a registered building (No. 152). Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: Principles of Developments - 4.4 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." - 4.5 General Policy 2, which provides an overall requirement for all development, 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:
Visual Design
4.6 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." This is also reiterated in RB/3 and RB/5 of PPS 1/01. Environment
4.6 Strategic Policy 5 states:
"New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island."
Other
4.7 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regard to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes." PPS and NPD - 4.8 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area. - 4.9 Planning Circular 1/98 - The Alteration and Replacement of Windows Set states: Category a) REGISTERED BUILDINGS "If the original windows are still in place they should preferably be repaired. If repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify a relaxation.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 Section 16(3) of the Town and Country Planning Act (1999) states, "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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the building is part of a Registered Building, the above requirements apply and appropriate consideration will be given in section 7.
6.0 REPRESENTATIONS - 6.1 Ramsey Town Commissioner has no objection to this application (30.06.2022). - 6.2 Highway Services does not oppose this application (26.05.2022). The comment states that there is no significant negative impact upon highway safety, network functionality and /or parking.
7.0 ASSESSMENT Registered Building Statutory Test - 7.1 Before assessing elements of the proposal, as it is part of a Registered Building, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve the character, setting or special interest of the Registered Building. - 7.2 The replacement windows were like for like in form and scale. However, the uPVC material would not protect the architectural interest of the building due to its modern outlook, despite the choice of a slim frame. The material of the proposed front door (aluminium and timber composite) would also fail to protect its architectural interest. Therefore, the proposal is considered to fail the test. This means the proposal has to demonstrate overwhelming public benefit to possibly overweigh the negative impact on the registered building. Elements of Assessment
7.3 The key considerations in the determination of the application are its impact on the registered building itself and on the character and appearance of the area. Design - 7.4 PC 1/98 asks that if the original windows still exist, repair should be considered before considering replacement. No information has been provided regarding whether the existing windows are repairable. - 7.5 As mentioned in 7.2, it is considered that the proposal would not preserve the design of the building. It is also in direct contradiction with PC 1/98. Character and Appearance - 7.6 As mentioned in 7.2, it is considered that the uPVC and aluminium material would not protect the architectural interest of the terrace, which would negatively impact the character of the area.
8.0 CONCLUSION - 8.1 The proposal is considered to fail to comply with General Policy 2 and Environment Policy 32 of the Strategic Plan, Planning Policy Statement 1/01 and Planning Circular 1/98. Therefore, it is recommended for a refusal.
9.0 INTEREST PERSON STATUS - 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
9.2 The decision-maker must determine:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Date: 12.07.2022 Determining officer Signed : C BALMER
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