DEC Officer Report

Application No.: 21/01513/CON Applicant: Mr Simon Mark Cochran Proposal: Repairs to existing window and internal repairs to ceiling and roof space RB.136 Site Address: The Court House Main Road Kirk Michael Isle Of Man IM6 1AJ Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.01.2022 _________________________________________________________________

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.

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

The application is judged to be in accordance with section 16 of the Town and Country Act 1999 as the building's special interest is being preserved. The application is also judged to meet the tests of planning policy statement 1/01 as well as strategic policy 4, environment policy 32 and environment policy 34 of the IOM Strategic Plan 2016 as the building is being protected, preserved and traditional materials are being used in repair of the window. The application is therefore judged to be acceptable.

Plans/Drawings/Information; This decision relates to the supporting information received on 15 December 2021. _______________________________________________________________

Interested Person Status

Additional Persons

As this application for Registered Building Consent does not involve any proposed alterations to or immediately adjacent to a highway, the Department of Infrastructure Highways Division are not judged to have sufficient interest in the subject matter of the application, and therefore should not be awarded Interest Party Status.

Officer’s Report

1.0 THE SITE - 1.1 The site is the former Courthouse on the main road in Kirk Michael. The building is entered on the Government's Protected Buildings Register (RB 136). Built in 1835 and designed by Thomas Brine, the last cases were heard at the courthouse in circa 1950, since when the building has been used variously as a classroom, restaurant and social centre. The building is castellated, with arched head windows, a rendered wall finish and a slate roof. Whilst the building is currently in a state of disrepair, it retains many elements of historic fabric which provide architectural special interest in addition to the more obvious historic special interest.

2.0 THE PROPOSAL - 2.1 This application for registered building consent seeks approval for works to facilitate repairs. The north elevation westerly window is proposed to be removed in order to enable the lower section of the frame to be repaired. Once repaired, the window would be reinstated. In addition to the window work, it is proposed to remove the existing lath and plaster ceilings in the entrance hall and the main room. The timber laths have been found to be decayed in both locations. The removal of the ceiling in the main room would enable the roof trusses to be repaired in situ. The removal of the ceiling in the entrance hall would enable the roof to be repaired, including the replacement of the wall plate, making good of the rafters, and then reinstatement of the existing slate covering.

3.0 PLANNING POLICY - 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;

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 Application 98/00924/GC permitted the change of use from store to hairdressers, while application 84/00396/B permitted the construction of a temporary car port. Neither of these applications is judged to be relevant to the current application for registered building consent.

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (31.12.2021).

6.0 ASSESSMENT - 6.1 The principal issue regarding this application for registered building consent is the impact of the works on the building's special architectural and/or historic interest. - 6.2 The first element of the application is the proposed temporary removal of one of the north elevation windows in order for the frame to be repaired. The building's distinctive arch head windows are a significant part of the special architectural interest. Having met with the applicant at the property to view the current condition, the applicant has highlighted the area of the window that has suffered decay. The proposed repair and reinstatement of the window in a like for like manner is judged to preserve the building's special architectural interest. - 6.3 The second element of the application relates to the removal of the lath and plaster ceilings within the entrance hall and the main room. As with 6.2 above, site visits and discussions with the applicant have taken place on a number of occasions regarding the intended repair works and the condition of the existing ceilings. The ceilings proposed for removal are judged to be beyond repair. The removal of the ceiling in the main room will enable the repair of the historic

roof structure, which includes the mortice and tenon trusses that have in some places separated. The benefit to the building's special interest from the repair of the historic roof structure in situ is judged to offset the loss of the decayed and perished ceiling. The case is judged to be very similar in the entrance hall. The benefit to the building's special interest and its long term future by the repair of the roof structure is judged to offset the removal of the ceiling.

7.0 CONCLUSION - 7.1 The application is judged to be in accordance with section 16 of the Town and Country Act 1999 as the building's special interest is being preserved. The application is also judged to meet the tests of planning policy statement 1/01 as well as strategic policy 4, environment policy 32 and environment policy 34 of the IOM Strategic Plan 2016 as the building is being protected, preserved and traditional materials are being used in repair of the window. The application is therefore recommended for approval.

8.0 INTERESTED PERSONS STATUS - 8.1 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) Manx National Heritage; and
• (c) The local authority in whose district the land the subject of the application is situated

• 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: 17.01.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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