DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00569/CON Applicant: Mr Chris Misselbrook Proposal: Registered Building consent for the replacement of two windows and the installation of lighting on an existing outbuilding (in association with PA 22/00568/GB) Registered Building Nos. 147 Site Address: Point Of Ayre Lighthouse Cranstal Bride Isle Of Man IM7 4BS Technical Officer: Mr Thomas Sinden Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 28.06.2022

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.

• C 2. No works in connection with the installation of the kiosk signage shown on the proposed south elevation of drawing PA 001 Rev 2 shall commence unless details of the proposed signage are submitted to and approved in writing by the Department. Thereafter the signage shall be installed in accordance with the approved details. Reason: To ensure that the special character of the registered building is preserved.
• C 3. Prior to the occupation/operation of the kiosk, the replacement windows detailed on drawing PA 001 Rev 2 are to be installed, and shall be retained thereafter. Reason: To ensure that the special character of the registered building is preserved.

N 1. The applicant is advised that Express Consent to erect an advertisement will be required for the signage shown on the proposed south elevation of drawing PA 001 Rev 2. Any posters or other educational material intended to be fixed to the building may also require advertisement consent and registered building consent.

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

The proposals meet the tests of Section 16 of the Town and Country Planning Act 1999, as well as the relevant policies within the Isle of Man Strategic Plan 2016 and policies RB/3, RB/4 and RB/5 of Planning Policy Statement 1/01 as they will protect and preserve the character of the Registered Building. The application is therefore judged to be acceptable.

Plans/Drawings/Information; This decision relates to drawing PA 001 Rev 2 and the supporting information received on

• 5.5.2022. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the Department of Infrastructure Highways Division should not be awarded Interested 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

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE DEVELOMPENT IS CONTRARY TO THE LAND USE DESIGNATION ON THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL

1.0 THE SITE - 1.1 The site is an outbuilding and part of the compound of the Point of Ayre Lighthouse, Bride. The lighthouse is entered on the protected buildings register (RB 147) as a building of special architectural or historic interest. The lighthouse dates from 1818 and was designed by notable engineer Robert Stevenson. The lighthouse tower retains many elements of historic fabric, including its first order Fresnel lens from 1890, which is the only example still in use on the island. In addition to this, the lighthouse complex of tower, keeper's cottages, outbuildings and curtilage walls is still substantially intact. - 1.2 The application is focussed on an existing outbuilding in the north-east corner of the compound, and an area within the boundary wall immediately to the south of the outbuilding. The building is flat roofed with a storage tank on the roof, and has white painted brickwork walls. No approval appears in the site's planning history for the two UPVC windows that are currently in place. The other windows in the outbuilding are metal framed.

2.0 THE PROPOSAL - 2.1 This application seeks registered building consent for the replacement of two UPVC windows with metal framed windows and associated works to create a refreshments kiosk. The replacement windows are proposed to match the material and style of the surviving historic windows still in place elsewhere on the outbuilding. The refreshments kiosk is proposed to have light fittings either side of the serving window, and signage above the window. It is proposed that part of the lighthouse compound immediately south of the outbuilding is used as a seating area and delineated with a post and rope barrier.

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 33: The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest.
• 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/4 USE In considering a proposal for change of use of a registered building, the principal aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the building, all of which affect its special character as a building of merit. An applicant will have to illustrate that the effect of any proposed changes upon the architectural and historic interest of the building will be minimised.
• 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 The site has been the subject of a number of applications. However, all previous applications relate to the lighthouse keeper's cottages and not the outbuilding that is the subject of this application. - 5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 DOI's Highways Division have stated that there is no highways interest in the application. (19.5.2022). - 6.0 ASSESSMENT

6.1 The issue with this application for registered building consent is whether the proposed alterations to the building and the change in use will preserve the registered building or its setting or any features of special architectural or historic interest which it possesses.

6.2 The building is of clear architectural and historic interest with its links to notable engineer Robert Stevenson and the architectural form, details and fabric that has been retained.

6.3 It is considered that the change of use will not be detrimental to the building's character, and the associated works to replace the UPVC windows with metal framed units will preserve the existing features of special interest within the building and will generally improve its appearance, using traditional materials. The proposed signage above the serving window has not been shown in detail. With this in mind, it is suggested that a condition be placed upon any approval that requires the signage details to be approved prior to the kiosk coming in to operation. - 7.0 CONCLUSION

7.1 The proposals are considered to meet the tests of Section 16 of the Town and Country Planning Act 1999, to be in accordance with the policies within the Strategic Plan and policies RB/3, RB/4 and RB/5 of Planning Policy Statement 1/01 as they will protect and preserve the character of the Registered Building. The application is therefore recommended for approval. - 8.0 INTERESTED PERSON 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) 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

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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 04.07.2022

Signed : T SINDEN Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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