3 December 2014 · Delegated
Our Lady Star Of The Seas And St Maughold, Queens Promenade, Ramsey, Isle Of Man, IM8 1bh
This application sought Registered Building consent to erect a replacement conservatory to the rear elevation of Our Lady Star of the Seas and St Maughold church on Queens Promenade, Ramsey — a Manx stone church registered as Building No. 080 and located within the Ramsey Conservation Area. The application was refused by delegated decision on 3 December 2014, in line with the officer's recommendation. The conservatory was judged to be of an excessive size that would dominate the rear of the church, masking and competing with a number of its important architectural and historic features. The submitted drawings were found to be inaccurate in their representation of the existing building, and no details of rainwater goods were included, creating a risk of water ingress. The decision also noted that there was no adequate justification for the conservatory's design or evidence that it would respect the registered building's qualities.
Registered Building consent was refused on 3 December 2014. The proposed conservatory was considered too large, poorly designed, and insufficiently justified for a building of this historic and architectural significance. The submitted drawings did not accurately represent the existing building's features, and there was a risk of water ingress due to missing rainwater goods details. The proposal was found to be harmful to the character and integrity of the registered Manx stone church.
Refusal Reasons
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 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. 7.27 Change of Use of Registered Buildings 7.27.1The best use for a Registered Building is usually the use for which the building was designed. However, it is recognised that it is often necessary to look for a new use to secure the economic future of the b uilding. It is important therefore that any new use is appropriate and that physical alterations are sensitive to its character. (1) Curtilage is defined in Appendix 1
Alterations and extensions
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 affect upon the building's special interest as a result of several minor works which may individually seem of little consequence.
Ecclesiastical buildings
POLICY RB/10 ECCLESIASTICAL BUILDINGS The same provisions apply for registered buildings which fall within this category, as apply elsewhere. Contrary to the situation which prevails elsewhere, no exemption exists with respect to ecclesiastical buildings in the Isle of Man. In considering applications for registered building consent for alteration or extension to buildings in this category, it is acknowledged that factors such as the size and requirements of modern congregations may differ considerably from when the church was originally constructed. Applicants considering carrying out alterations, extensions or improvements to ecclesiastical buildings which are registered, should consider the extent to which their proposals will affect the particular historic merit or architectural character of the building in question. An application is less likely to succeed if either of these qualities is markedly affected. It must also be remembered that in addition to the requirement for registered building consent, it will usually be necessary to obtain the formal consent of the appropriate church authority: early dialogue can often assist in deciding upon the most appropriate way to progress such works. FIXTURES AND CURTILAGE STRUCTURES The Registration of a building confers protection not only on the building, but extends to its full curtilage. Protection is also conferred on any object or structure fixed to the building, which is ancillary to the building. The word "fixed" is taken to have the same connotation as in the law of fixtures. The rule provides that any object or structure fixed to a building should be treated as part of it. It is a test, therefore, of fact in each individual case, as to whether a structure is free-standing or physically fixed to the building. Generally, it would be reasonable to expect some degree of physical annexation, together with indications that the annexation was carried out with the intention of making the object an integral part of the land or building. The principal tests as to whether an object or structure is within the curtilage of the Registered Building will relate to the physical layout of the land surrounding the Registered Building at the date of Registration and the relationship of any structures on the surrounding land to each other. Changes in ownership, occupation or use after the date of Registration will not bring about the de-Registration of a building which formed part of the principal building at the date of Registration. LEASEHOLD TENURE It is important that in creating a Leasehold Tenure of a Registered Building, particularly in the case of a fully or partially repairing Lease, notice of the building's Registered status should be passed from Landlord to Tenant, as the policies which apply to the Registered Building and its freehold estate, will generally be equally enforceable against the owner of a leasehold estate. (e.g. If a Leaseholder carries out unauthorised works which affect the special architectural character or historic interest of the building). FINANCIAL ASSISTANCE Grant assistance for works which would be judged to be routine maintenance and repair, would not usually be available as a matter of course. However, works to protect the structural integrity of the building, or which protect the architectural and historic interest of the building, may well merit financial assistance under one of the prevailing financial assistance schemes operated by the Department. Financial assistance can help ease the burden of the requirement to use traditional craftsmanship and materials, or to reinstate on a "like for like" basis. Each case will be judged upon its individual merits. CONSERVATION AREAS The Town and Country Planning Act, 1999 provides that: (1) The Department shall determine which parts of the Island are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance, and shall by order designate such areas as conservation areas. (2) Before making an order under subsecti on (1) the Department shall consult - every local authority in whose district the area in question, or any part of that area, falls.
In the maintenance, alteration or extensions of pre-1920 buildings, the use of traditional materials will be preferred.
Environment Policy 34: In the maintenance, alteration or extension of pre -1920 buildings, the use of traditional materials will be preferred. 7.29 Development within Conservation Areas 7.29.1 Conservation Areas are designated where the Department is satisfied that there is an area of special architectural or historic interest, the character of which it is desirable to preserve or enhance. Accordingly, the Department will; i. appraise and review existing Conservation Areas; and ii. designate new Conservation Areas where Conservation Area appraisals have revealed individual areas to be worthy of such status. 7.29.2 Development proposals within Conservation Areas will be expected either to preserve or enhance their character or appearanc e. Development proposals should be in accordance with the Department's conservation policies set out in Planning Policy Statement 1/01, "Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man." There is generally gra nt assistance available to help in the use of appropriate materials and positive and appropriate development within Conservation Areas.
General criteria applied in considering Registered Building applications
considered specifically material
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:- • 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).
