Registered building consent for alterations and internal works RB. 133

Strategic Policy 4

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; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.

Environment Policy 32

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

Environment Policy 34

In the maintenance, alteration or extension 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.

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

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).

POLICY RB/5 ALTERATIONS AND EXTENSIONS

There will be a general presumption against alteration or extension of 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 affect upon the building's special interest as a result of several minor works which may individually seem of little consequence.

RB/10

Policies RB/3, RB/5 and RB/10 of Planning Policy Statement 1/01

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.

Planning Circulars: 1/98: The Alteration and Replacement Of Windows Category a) Registered Buildings Policy 5

replacement windows MUST BE THE SAME as the originals in all respects