DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00748/GB Applicant: Landfall Limited Proposal: Alterations and extension to dwelling (in association with RB consent application 22/00750/CON) Site Address: Old School House Main Road Sulby Isle Of Man IM7 2HP Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 13.10.2022 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal - R 1. It is considered the introduction of an entrance door, including fan and side lights to the front elevation would have a significant negative impact on the building's principal elevation which is of special architectural and historic interest, therefore contrary to Section 16 (3) of the Town and Country Planning Act (1999) and Environment Policy 32 and General Policy 2 the IOM Strategic Plan 2016. - R 2. It is considered the proposed rear flat roofed extensions would all fail to respect the style and form of the existing building which is of special architectural and historic interest, therefore contrary to Section 16 (3) of the Town and Country Planning Act (1999) and Environment Policy 32 and General Policy 2 the IOM Strategic Plan 2016. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is within the curtilage of the Old School House which is situated to the South of Sulby Straight. Due to the history of the site, there are currently three properties

• on the site, The Old School house itself and two properties in various points of being built, PA19/00087/B which is substantially built, and PA19/00989/B).
• 1.2 The registration of the Old School House states the following regarding its appearance, "The Architecture has a pleasing and as yet, unspoilt, simplicity which employs materials and language very similar to its neighbour, St. Stephen's Church and former schoolhouse. Manx slate stone provides the main finishing material, with openings, verges string courses and other dressings completed in golden/brown brickwork. A notable feature is the distinctive Bell Gable placed centrally on the front elevation which again echoes its neighbour St Stephen's in this regard."

2.0 PROPOSAL - 2.1 The application seeks approval for the alterations and extension to dwelling (in association with RB consent application 22/00750/CON). The work involve the demolition of the existing rear conservatory and replaced with the erection of two rear flat, parapet roofed extensions to either side of the existing two storey rear outlet. - 2.2 The proposal includes the installation of a new front entrance to the front elevation of the building. - 2.3 A brick chimney stack and metal flue to the rear of the building is proposed to be removed. - 2.4 Works also included the replacement sliding sash windows with timber sliding sash windows and replaced a door with a window to rear outlet. - 2.5 Internal works are also proposed.

- 3.0 PLANNING HISTORY

3.1 There are several applications upon the site as a whole and on The Old School House itself, as such below are the most recent and relevant to this application; - 3.2 PA 22/00750/CON - "Alterations to dwelling including the removal of the existing rear conservatory, erection of two single storey extensions at the rear and creation of an additional entrance door on the front elevation - RB171 (in association with application 22/00748/GB)" Pending Consideration - 3.3 PA 21/01056/CON - "Registered Building Consent for renovation of dwelling to include re roofing & removal of side porch (in association with PA 21/01055/GB) RB.171" - Permitted - 3.4 PA 21/01055/GB - Renovation of dwelling to include re roofing & removal of side porch (in association with PA 21/01056/CON) RB.171 - Permitted - 3.5 PA 21/01058/B - "Erection of detached garage/carport" - Permitted - 3.6 PA19/00989/B - "Erection of a detached dwelling and alteration to existing vehicular access" - Permitted - 3.7 PA19/00087/B - "Erection of a detached dwelling" - Permitted at Appeal - 3.8 PA18/00532/REM - "Reserved Matters application for the erection of a detached dwelling (relating to PA 15/00794/A)" - Refused

3.9 PA17/00073/CON - Registered Building Application (RB 171) for demolition of existing garage and outbuildings, erection of new garage and garden walls (in connection with application 17/00072/GB) - Permitted - 3.10 PA17/00072/GB - Demolition of existing garage and outbuildings, erection of new garage and garden walls (in connection with Registered Building Application 17/00073/CON) Permitted

- 4.0 KEY DOCUMENTS

4.1 Material Considerations Town and County Planning Act 1999 - 4.2 Section 10(4) of the Town and Country Planning Act states: "In dealing with an application for planning approval… the Department shall have regard to -

• (a) The provisions of the development plan, so far as material to the application,
• (b) Any relevant statement of planning policy under section 3;
• (c) Such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and
• (d) All other material considerations."

4.3 Section 16(3) of the Town and Country Planning Act (1999) states, "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". - 4.4 In light of (a) above, it is considered that two key documents are:

• o The Area Plan for the North and West (2020); and
• o The Isle of Man Strategic Plan (2016).

4.5 Planning Policy Statement 1/01 - Conservation Of The Historic Environment Of The Isle Of Man- POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS 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.

4.6 All the documents are available on the government website. - 4.7 The Sulby Local Plan (adopted 1999) - 4.8 The site lies within an area zoned as Predominantly Residential on the Sulby Local Plan 1998 map. The site is not within a Conservation Area nor a Flood Risk Zone, it should be noted that The Old School House is a registered Building, No.171. - 4.9 Isle of Man Strategic Plan (adopted 2016) - 4.10 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application. - 4.11 Strategic Policy 4 states: "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."

4.12 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;

• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.13 Environment Policy 4 states: "Development will not be permitted which would adversely affect:

• (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.
• (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land.
• (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

4.14 Environment Policy 30 states: "There will be a general presumption against demolition of a Registered Building. In considering proposals for demolition or proposed works which would result in substantial demolition of a Registered Building, consideration will be given to:

• o the condition of the building; o the cost of repairing and maintaining it in relation to its importance and the value derived from its continued use (based on consistent long-term assumptions);

• o the adequacy of efforts made to retain the building in use; and
• o the merits of alternative proposals for the site."

4.15 Environment Policy 32 states: "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." - 4.16 Environment Policy 34 states: "In the maintenance, alteration or extension of pre1920 buildings, the use of traditional materials will be preferred." - 4.17 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 4.18 The principles of the Residential Design Guidance 2021 which sets out a number of general development standards which are a material consideration.

5.0 CONSULTATION RESPONSES Full comments can be viewed via the online planning website.

5.2 Local Authority - 5.3 Lezayre Parish Commissioners (21.07.2022) comment; "Refused Unanimous The members feel that a flat roof should not be added to this registered Building. The applicant has stated in the application letter that the proposed single storey

• extensions to the rear will be invisible. This is because the property is surrounded by fencing, garage and walls. A flat roof extension to this building is also not in keeping with a registered building. They do not agree with the creation of a front door as in their opinion, this will change the street scene, which has existed since 1879, when the building started its life as a school. We would also like to ask regarding the red line around the site, which includes the development approved under 19/00989/B. Should this area have a blue line to show ownership of this site with the red line extending only around the development site..".
• 5.4 Government Departments
• 5.5 DOI Highway Services have no objection (06.07.2022).
• 5.6 The DEFA Assistant Registered Buildings Officer has provided comments (08.07.2022); "The applications propose to remove the existing conservatory at the rear of the property and construct two single storey flat roof extensions either side of the existing central rear wing. The applications also propose to replace the existing central window on the front elevation with a new entrance door, accessed via new external steps and a new path.

Section 16 of the Town and Country Planning Act 1999 requires the Department to 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. It is judged that the building has special architectural and historic interest as an example of a school house from 1879, with surviving historic fabric and it illustration of aspects of the island's social and cultural history. The building's setting, particularly at the rear and sides, has been heavily compromised by numerous development schemes in recent years. However, the setting of the building's north facing (principal) elevation has survived.

Whilst the removal of the modern conservatory is welcomed, the proposed addition of single storey flat roof extensions both sides of the existing central rear outrigger clearly fails to respect the style and form of the existing building, and will not preserve the building or its setting.

The applications also propose to replace the existing central tripartite sash window on the north facing elevation with an entrance door, including fan and side lights. This proposed alteration is judged to cause significant harm to the form of the principal elevation, and to significantly alter its character. In addition to the replacement of the window in itself, the construction of steps and an access path for this proposed new entrance are judged to have a significant negative impact on the building's principal elevation and to cause significant harm to the setting of the elevation.

REASON FOR REFUSAL The applications fail to preserve the building and its setting as required by section 16 of the Town and Country Planning Act 1999.

The applications fail the tests of strategic policy 4 and environment policy 32 of the IOM Strategic Plan, and RB/3 and RB/5 of PPS 1/01, as the proposals fail to protect or enhance the registered building and would detrimentally affect its character.

The applications fail the tests of general policy 2 of the IOM Strategic Plan as the proposals do not respect the site in terms of form, design and landscaping, and would affect adversely the character of the locality."

5.7 DEFA Ecosystem Policy Officer (23.08.2022) makes the following summarised comments; "Since our initial response to this Planning application, the Ecosystem Policy Team have undertaken a site visit with the applicant in order to discuss the proposed work in relation to the potential for damage, destruction or blocking of the bat roost and to see if any further

evidence of use by bats could be found since the Manx Wildlife Trust's Protected Species Report, for the Old School House, Sulby, dated January 2021.

As a bat roost is known to be present in the property, it is Statutory requirement for the applicant to obtain a written method statement for bats from a member of the Ecosystem Policy Team, prior to the works being undertaken. This written method statement will set out all the steps that must be taken to ensure that bats and their roosts are not intentionally or recklessly damaged, destroyed or blocked via the works, which would an offence under the Wildlife Act 1990.The building work must then be undertaken in line with this written method statement. Based on the site visit and discussion with the applicant, we believe that any potential issues relating to this building work can be dealt with via this statutory written method statement and therefore we will not be requesting any conditions on approval.

Should there be any changes to the Planning proposals then we will need to be reconsulted, as these changes could materially impact upon bats and their roost spaces and we may need to update our response."

- 6.0 ASSESSMENT

6.1 Main Issues

• o Statutory test (Town and County Planning Act 1999);
• o Impact upon the Conservation Area/Registered Building and the visual amenities of the street scenes (StP 4, GP 2, EP 4, 30, 32, 34 & 42 of the IOMSP); and
• o Impact on Neighbouring Residential Properties (GP2(g)).

Statutory test

6.2 Firstly, given the proposals involves the alteration of a Registered Buildings, the first consideration is the statutory test, which have significant material planning consideration which are outlined within the Town and County Planning Act 1999. - 6.3 Section 16 (3) of the Town and Country Planning Act (1999) requires decision makers to 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 in assessing works which may affect registered building or its settings. - 6.4 Comments from the Assistant Registered Building Officer commenting that; "The applications fail to preserve the building and its setting as required by section 16 of the Town and Country Planning Act 1999" are acceptable and agreed with. The proposal for two flat roofed extensions fails to respect the style and form of the existing building, and will not preserve the building or its setting. Further the proposal to replace the existing central tripartite sash window on the north facing elevation with an entrance door, including fan and side lights, is judged to cause significant harm to the form of the principal elevation, and to significantly alter its character.

Impact upon the Conservation Area/Registered Building and the visual amenities of the street scene

6.5 When considering these issues EP32 indicates that 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. GP2 indicates (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; and (c) does not affect adversely the character of the surrounding landscape or townscape. - 6.6 As outlined previously, whilst the removal of the rear conservatory is acceptable, the replacement with two flat roofed extension is not acceptable. The form of the existing building is made up of a steeped pitched roofs/lean to roofs. The exception is the hipped roof conservatory which has a negative impact upon the Registered Building. Essentially, the

• proposal would be replacing one inappropriate roof form and style with another i.e. flat roof; which would affect detrimentally its character as a building of special architectural and clearly fails to respect the style and form of the existing building or its setting.
• 6.7 There is also some concerns of how the extension stonework finish would be successfully replicated to match the existing.
• 6.8 There is also significant concern of the introduction of the new front entrance to the north elevation of the building by the removal of the existing central tripartite sash window and existing stone work. This will significant harm the form of the principal elevation, and to significantly alter its character which is made up of high level windows. The high level windows are a historical element of when the building was used as a school house. This proposal would significant alter this architectural feature from the main public views of the building which clearly identifies as a former school house. The proposed works to introduce an entrance door, including fan and side lights would dramatically change this and lose this important historical aspect and significant harm the character of the building and its setting. The works would make the proposal appear as a dwelling, rather than a converted school house.
• 6.9 Accordingly, given the style and form of the proposed extensions and introduce an entrance door, including fan and side lights to the front elevation, it is considered the proposal would fail EP32 and GP2. Impact on neighbouring residential properties
• 6.10 It is not considered the proposed extension would have any significant adverse impacts to neighbouring properties to the south east or west of the application site to warrant a refusal.

- 7.0 CONCLUSION

7.1 As outlined in this report the main concern of the application centres on the Registered Building and the proposed alterations to it. As outlined it is considered the rear extensions and introduce of an entrance door, including fan and side lights to the front elevation would fails to respect the style and form of the existing building, and will not preserve the building or its setting. Therefore the proposal would fail the i.e. Section 16 (3) of the Town and Country Planning Act (1999) Statutory test and the IOMSP EP32 and GP2. - 7.2 Accordingly, for these reasons it is recommended the application is refused.

- 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and

• o whether there are other persons to those listed above who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

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 : Refused Date: 25.10.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.