Officer Report

Application No.: 15/00932/CON Applicant: Mrs Rosemary Shipley Proposal: Registered Building consent for the installation of replacement windows (in association with 15/00931/GB) Registered Building Nos. 28 Site Address: Derby House 7 Castle Street Castletown Isle of Man IM9 1LA Case Officer : Mr Jason Singleton Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The application site is the curtilage of Derby House (Former Post Office), Castle Street, Castletown which is a two storey building which adjoins the Police Station and is opposite Castle Rushen. The building is traditional in appearance; it is constructed of stone and has timber sliding sashes with Georgian glazing bars, the property also has two prominent chimney stacks. There is a yard area to the rear of the building which is not within the curtilage of the application site, beyond this there are other properties. While there are properties beyond the yard at the rear of the application site, the rear elevation of the property is still visible from the public thoroughfare. THE PROPOSAL - 2.1 The application seeks approval for the installation of replacement windows in the rear elevation, the windows would be replaced with new timber windows matching the size, shape and design of the existing (in association with 15/00931/GB). PLANNING HISTORY - 3.1 The following refused planning application is considered relevant to the consideration of this planning application; PA 14/001272 - Installation of replacement windows to the rear elevation. Refused;

• 1. The installation of u PVC windows would fail to preserve or enhance the character and appearance of the Registered Building and the Conservation Area within which it is located and is therefore contrary to Environment Policy 32 and Environment Policy 35 of the Isle of Man Strategic Plan.
• 2. The proposed windows would not match the originals in terms of their materials and therefore would be contrary to Planning Circular 1/98.

DEVELOPMENT PLAN POLICIES

4.1 The application site is within an area zoned as "Mixed Use" and is also within the Castletown Conservation Area identified on The Area Plan for the South 2013. Given the nature of the application it is appropriate to consider Environment Policy 35 of The Isle of Man Strategic Plan (20th June 2007). Also appropriate in the assessment of the application is Policy RB/5 of Planning Policy Statement 1/01, and Planning Circular 1/98.

4.2 Environment Policy 35

• Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
• 4.3 Policy RB/5 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.

Applications 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.

4.4 Planning Circular 1/98 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.

CONSULTATIONS

5.1 No comments have been received from either the Local Commissioners or Highway Services. ASSESSMENT - 6.1 The key considerations in the assessment of the application are the impacts upon the character and appearance of the Registered Building and the Conservation Area and the impact upon the street scene in general.

6.2 The windows which are to be replaced are in the rear of the building. Three of the existing windows are fixed timber casements; one is a timber slide opening and the other four are vertical timber sliding sashes, all timber and finished in white. - 6.3 The replacement windows would have the same methods of opening and the same glazing bars and sections as the existing windows. The proposed material would be timber and in accordance with Planning Circular 1/98 which requires that replacement windows have the original method of opening, materials and detailed design. - 6.4 It is considered that the removal of the timber windows and the installation of timber windows would not have a harmful impact upon the character and appearance of the property itself and as a Registered Building. - 6.5 Overall it is considered that the installation of replacement windows would have an acceptable impact upon the character and appearance of the Registered Building and the Castletown Conservation Area within which it is located. In doing so, it is considered that the application conforms to the basis of the relevant aforementioned planning policies and is therefore considered acceptable.

PARTY STATUS

• 1. By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application;
• (c) Manx National Heritage; and
• (d) The local authority in whose district the land the subject of the application is situated

• 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.
• 3. In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person. (It may be that it is appropriate for you to explain why)

Recommendation Recommended Decision: Permitted Date of Recommendation: 01.10.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

• C 2. All new external joinery work shall match exactly the materials, finish, dimensions and profiles of the existing joinery work. Reason: To ensure the satisfactory preservation of this registered building.
• C 3. PRIOR to the commencement of any building works, further large scale ( 1:10) detail drawings of the windows to indicate the framing detail, material and any glazing bar profiles shall be submitted to and approved in writing by the Planning Authority and the works shall be carried out in accordance with the approved details. Reason: To ensure the satisfactory preservation of this registered building.

This approval relates to the drawing reference numbers 1407-101 date stamped as received 13th August, 2015.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 09.10.2015 Determining officer

Signed : J CHANCE Jennifer Chance Head of Development Management

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