**Document:** DEC Officer Report
**Application:** 22/01334/CON — Registered Building Consent for alterations including replacement windows, new rear canopy, roof lights and internal alterations RB187 (in association with 22/01333/GB)
**Decision:** Permitted
**Decision Date:** 2023-02-20
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/26110-braddan-6-victoria-replacement-windows/documents/1112359

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# DEC Officer Report

## PLANNING OFFICER REPORT AND RECOMMENDATION

**Application No.:** 22/01333/GB
**Applicant:** Mr Paul & Mrs Vicky Butler
**Proposal:** Alterations to dwelling including new roof lights and canopy, and replacement of existing garage/store with new garage and car port including access off Victoria Lane (in association with 22/01334/CON)
**Site Address:** 6 Victoria Terrace Douglas Isle Of Man IM2 4EU Technical Officer: Mr Thomas Sinden
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 15.02.2023

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

The application meets the tests of section 18 of the Town and Country Planning Act 1999 and environment policy 32 within the IOM Strategic Plan 2016 as the special interest of the registered building is being preserved. The application is also judged to meet the tests of General Policy 2 and Environment Policy 34 as the character and amenity of the townscape is not being adversely affected and traditional materials are being used. The application is therefore judged to be acceptable.

Plans/Drawings/Information; This decision relates to drawing DID-105-01, DID-105-02, DID-105-03, 1057-01 received on 2nd November 2022, and drawing 1057-02 rev B received 6th February 2023. _______________________________________________________________

## Interested Person Status

Additional Persons

None _____________________________________________________________________________

## Officer’s Report

1.0 THE SITE - 1.1 The site (no 6) forms part of the Registered Building Victoria Terrace (RB 187) which is a row of six pairs of semi-detached houses. Designed in a neo classical style by John Robinson in 1843 the pairs have twin front doors set in shared pedimented porches that are faced directly on to the pavement. The buildings have hipped roofs with deep eaves their interlocking side entrance pillars and railings along with the varied later side additions give the impression the buildings forming a single terrace. The properties follow the contour of the road and are stepped in pairs to reflect this, which gives rise to some of the properties having half and full basements and others not. The Buildings have long gardens which run through to the rear access lane Victoria Place, with some of the properties having garages or sheds others with parking spaces in front of walls, with no's 1 and 2 having more substantial buildings facing onto Victoria place including a small dwelling house. - 1.2 The Site is not located within a flood risk area. The site is designated as predominantly residential within the Area Plan for the East. The property is not located within a Conservation Area.

2.0 THE PROPOSAL - 2.1 The proposals seek planning approval for alterations to dwelling including new roof lights and canopy, and replacement of existing garage/store with new garage and car port including access off Victoria Lane (the application is concurrent with registered building application 22/01334/CON).

3.0 PLANNING CONSIDERATIONS - 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;

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:

- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (g) does not affect adversely the amenity of local residents or the character of the locality;

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;
- 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 91/00961/B - Replacement of Windows - Permitted.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 Douglas Borough Council have stated that they wished to view the Registered Building Officer's views prior to submitting their own comments. Following the publication of the Registered Building Officer's comments on 24.1.2023, Douglas Borough Council have stated that they have no objections to the proposals (14.2.2023). - 5.2 The Department of Infrastructure Highways Services section have stated that the proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway

- Services Development Control raises no objection to the proposal subject to all vehicular access arrangements (18.11.2022).
- 5.3 The Department's Registered Buildings Officer has provided comments for both 22/01333/GB and the accompanying registered building application 22/01334/CON. Generally the application is supported, with the exception of the proposed rear dormer that was initially included in the application. The amended proposed drawing published on 6.2.2023 removed the dormer from the scheme, and proposed conservation roof lights in their place as suggested by the Registered Buildings Officer (24.1.2023).

6.0 ASSESSMENT - 6.1 The issues in this case are whether the proposed alterations to the building will preserve the registered building or its setting or any features of special architectural or historic interest which it possesses and whether the proposals will impact upon the amenity of local residents or the character of the locality. - 6.2 The alterations to the house as now proposed have been amended following discussions with the case officer and the Department's Registered Buildings Officer. The scheme as amended includes attic roof lights instead of the dormer initially proposed, an alteration that the Registered Buildings Officer suggested and stated would be acceptable. The scheme as now proposed is considered to have no negative impact on the character of the surrounding townscape or the amenity of local residents. - 6.3 The proposed replacement outbuilding accessed off Victoria Place is considered to have a scale and form that is appropriate, and as Highway Services have raised no objection in respect of highway safety, this element of the proposals is considered acceptable.

7.0 CONCLUSION - 7.1 The proposals are considered to not affect adversely the amenity of local residents or the character of the locality, and to preserve the special interest of the registered building. The application is therefore judged to be in accordance with the Strategic Plan policies and Planning Policy Statement 1/01 policies. It is therefore recommended that the application is approved.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 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 : Permitted Date: 17.02.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/26110-braddan-6-victoria-replacement-windows/documents/1112359*