Installation of replacement windows to front and side elevations (In association with PA 22/00351/CON)

Town and Country Planning Act 1999 Section 16 Registered buildings: supplementary provisions

fail the statutory tests within section 16 of the Town and Country Planning Act 1999 as they do not preserve the building or its features of special interest

Designation of conservation areas

fails the statutory test within section 18 of the Town and Country Act 1999 as the replacement of the existing windows with UPVC windows in this registered building would not preserve or enhance the character or appearance of the conservation area

he proposed level of development on the highway system. Essentially, the evidence demonstrated that the highway network could cope with the expected traffic growth up to 2026. The Strategic Links18 between the communities on the Island (the Centres referred to in the Spatial Strategy) are below. Strategic Link Roads in the East Highway Route A1 Douglas to Peel A2 Douglas to Laxey A2 Laxey to Ramsey A5 Douglas to Ballasalla A18 Douglas to Ramsey 17 Chapter 11, Isle of Man Strategic Plan 2016 18 Chapter 11, Isle of Man Strategic Plan 2016 Douglas, as the Main Centre, sits at the top of the hierarchy of service provision and is home to most of the Island's principal businesses and shops. More 'strategic links' converge on Douglas than anywhere else on the Island. The public transport network consists of buses and seasonal rail services. Lord Street currently serves as the main bus transfer hub although during the lifetime of the plan the creation of a bus station may need to be addressed. There is a short section of cycle route on Peel Road which is a strategic route i n from the South and West. Further opportunities are still under investigation and are likely to develop further alongside other measures as part of the delivery of the Active Travel Action Plan 19. The intention is to provide better and safer cycling and walking routes into and out of Douglas, better links between vehicular routes and off road routes with an overall policy goal of increasing the number of people travelling actively. The Area Plan fully supports the integration of the Active Travel Strategy into the sustainable development framework for the East. Particular Issues in the East Traffic Congestion and Road Junctions The Isle of Man Strategic Plan 2016 concluded that following junctions experience regular traffic congestion: • Quarterbridge Junction • Mountain Road/Governor's Road Junction • Glencrutchery Road/Victoria Road Junction The implications of adding the new housing units needed in the East to the road network during the plan period are set out in the Strategic Plan (see below): i. the Strategic Links are, and should, continue to operate within their 3,060 vehicles per hour capacity for the duration of the Isle of Man Strategic Plan (up to 2026); ii. the Quarterbridge and Governors Hill junctions will continue to operate at greater than 85% capacity and the increased traffic flows predicted in all the assessments will increase congestion at these locations; and iii. traffic flows at the Parliament Square junction in Ramsey, Ballacraine junction, and Main Road junction at Onchan are all set to incr ease by 2026 which will increase congestion at these locations. Outside of the East Plan area, sensitivity tests were undertaken in the Strategic Plan based on the planned level of development from 2011 to 2026. These concluded that: i. on the Ballacraine to Ramsey Strategic Link, there was no requirement to undertake further traffic congestion investigation work in rural village locations such as Kirk Michael; and ii. on the Castletown to Ballasalla and Ballasalla to Douglas links there would be the requirement for traffic congestion investigation work in Ballasalla in 2026. 19 GD 0043/18 Active Travel Strategy 2018 - 2021 From the outset of the preparation of this Plan, it has been acknowledged that the Onchan Main Road traffic signals would require further assessment. This would ensure that the junctions woul d not be subject to a high level of congestion as a resu lt of additional development. This was just one reason for carrying out detailed scenario testing work looking at different ways of spreading development across the settlements in the East. Network Capacity Issues - Roads and Utilities During the early stages of the Plan, work was undertaken to help understand both the infrastructure and environmental implications of different growth distribution patterns within the East. The servicing of Baldrine and Laxey for sewer and mains water supply were identified as matters of concern and limitation in capacity. This arises both from advice from the servicing Authority, Manx Utilities, and consideration of the public consultation respo nses. Levels of development in those two locations in terms of how they may or may not be able to be serviced and the timeframes involved were visited and re-visited throughout the plan stages and the Public Inquiry. In terms of i dentifying and addressing network capacity, new development requires water and sewer services, electricity, telecommunications and legal access connection to the road network. These are reasonable expectations of modern society and ensure a basis of healthy and connected communities for all. All sites identified can in principle be adequately serviced. Some sites will have to address specific issues set out in Development Briefs. Judgements will always be made at the planning application stage as to what

Strategic Policy 4

fail the tests of Strategic Policy 4, Environment Policies 32 and 34 of the IOM 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; (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

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

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.

Environment Policy 35

Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area

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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.

fail to meet the tests of Planning Policy Statement 1/01

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

In considering whether to grant planning approval for development which affects a registered building

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.

POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS

When considering proposals for the possible development of any land or buildings which fall within the conservation area

POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.