DEC Officer Report

Application No.: 22/00351/CON Applicant: Mrs Sarah Devereau Proposal: Registered Building consent for Installation of replacement windows to front and side elevations (In association with PA 22/00350/GB) Registered Building Nos. 174 Site Address: 1 Albert Terrace Douglas Isle Of Man IM1 3LQ Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 19.04.2022 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal R . The proposals 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 architectural interest. In addition to the statutory test, it is also judged that the proposals fail the tests of Strategic - Policy 4, Environment Policies 32 and 34 of the IOM Strategic Plan 2016 as the registered building is not being protected, the registered building's character is being detrimentally affected and the materials are not traditional. It is therefore judged to be unacceptable. _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that the Department of Infrastructure Highways Division should not be awarded Interest Party Status as their comments do not relate to relevant issues set out in Environment Policies 30 to 35 and 39 of the Strategic Plan 2016 in accordance with paragraph 2C2 of the Policy. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is 1 Albert Terrace, a building included on the Protected Buildings Register (registered building 174). The building was constructed in 1849 to the designs of renowned

local architect John Robinson. The property was one of the first properties built as part of the Windsor Park development and is a gatehouse to the group which comprises Cambridge Terrace, Osborne Terrace, Windsor Terrace, Albion Terrace and Albert Terrace. Architecturally the property remains largely unspoiled, with Georgian sliding sash timber windows, decorative hood-mouldings over the window openings, pilasters, horizontal string courses and a parapet wall surmounting the principal elevations. The porch and railings around the perimeter wall are later additions.

2.0 THE PROPOSAL - 2.1 This application for registered building consent proposes to replace the windows on the front and side elevations of the property (three sides of the property). All of the existing windows are timber framed sliding sash units with Georgian bars. The application proposes to replace all the windows with uPVC units in a like for like style.

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.

3.4 Planning Circular 1/98: The Alteration And Replacement Of Windows

Category a) Registered Buildings

• Policy 5 If the original windows are still in place they should be preferably repaired. If the 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.

4.0 PLANNING HISTORY - 4.1 There are a number of historic applications relating to the site immediately to the west of 1 Albert Terrace. Specifically relating to 1 Albert Terrace, application 99/01599/C permitted the change of use of the property to office accommodation, and application 00/01760/GB permitted the refurbishment of the building, retaining three flats and the creation of a car park.

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (31.3.2022). - 5.2 Douglas Borough Council have stated that they have no objections to the application (1.4.2022).

- 6.0 ASSESSMENT

6.1 The issue here is whether the proposals would affect detrimentally the building's special interest, and the special character of the Windsor Road Conservation Area.

6.2 The existing timber windows are judged to clearly be a feature that contributes to the property's special architectural interest. As such, their proposed replacement with UPVC windows is judged to fail the statutory test within section 16 of the Town and Country Act 1999 as it fails to preserve the building and some of its features of special architectural interest. - 6.3 In addition to the statutory test, it is also judged that the registered building is not being protected, the registered building's character is being detrimentally affected and the materials are not traditional.

- 7.0 CONCLUSION

7.1 It is judged that the proposals fail the statutory tests within section 16 of the Town and Country Planning Act 1999 as they do not preserve the building or its special interest. In addition to the statutory test, it is also judged that the proposals fail the tests of Strategic Policy 4, Environment Policies 32 and 34 of the IOM Strategic Plan 2016 as the registered building is not being protected, the registered building's character is being detrimentally affected and the materials are not traditional. - 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 the Head of Development Management 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 : Refused Date : 26.04.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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