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Application No.: 17/01065/CON Applicant: Mrs Anne Lee Proposal: Registered Building consent for the erection of a rear conservatory (in association with 17/01064/GB) Registered Building Nos. 261 Site Address: Crofton The Crofts Castletown Isle Of Man IM9 1LW Case Officer : Mr S Butler Photo Taken: 01.05.2018 Site Visit: 01.05.2018 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 29.05.2018 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. Due to the proposed materials and general design, the proposed development would not protect or enhance a Registered Building and so be contrary to Isle of Man Strategic Plan (2016) Strategic Policy 4(a). - R 2. Although the later addition of a conservatory on the building may in principle be acceptable, due to the proposed materials and general design, the proposed development would detrimentally affect the character of Registered Building and so be contrary to Strategic Plan (2016) Environment Policy 32. - R 3. The proposal involves the use of modern materials on a pre-1920 building. Although the conservatory is a recent addition, it has been constructed using timber windows. The replacement of these with uPVC is considered contrary to Environment Policy 34. - R 4. The application does not contain sufficient justification or explanation to form a "convincing case" for the works, and in particular the use of uPVC, and so is contrary to Planning Policy Statement 1/01, policy RB/5 and Planning Circular 1/98. ### _______________________________________________________________
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0.0 PREAMBLE - 0.1 The Case Officer for the application was originally the DEFA Conservation Officer (Mr. S. Moore). Mr. Moore left the Department before the application was determined, but did produce a first draft of the report (recommending refusal, partly due to lack of information). - 0.2 The Head of Development Management (Mr. S. Butler) became the Case Officer for the application. The DEFA Conservation Officer Job Description was updated, including changing the job title to "Registered Buildings Officer". The current post-holder is Mr. Brazier. - 0.3 The agent (Everest Conservatories) for the application contacted Mr. Butler and requested an update and was advised (on 03-01-18) that Mr. Moore had been minded to refuse due to the material not being appropriate for a registered building and also that there was limited justification/detail. On 11-04-18 the agent provided additional information on the proposal (primarily generic technical details). The applicant (Mr. Lee) then contacted Mr. Butler and was sent (on 16-04-18) the draft report and correspondence with the applicant and a site visit was undertaken (on 01-05-18). The applicant also provided additional justification (on 23-04-18). Mr. Brazier was consulted on the application and additional information and provided comments (on 22.05.2018). - 0.4 The remainder of this report is as prepared by Mr. Moore other than:
1.0 THE APPLICATION SITE - 1.1 The application site comprises Crofton a substantial limestone built, two storey dwelling, set within in its own private grounds and located on the eastern side of The Crofts, Castletown. - 1.2 Crofton is built throughout in local limestone. The original part of the property has a twin pitched roof, whilst the two-storey rear extension is mono pitched, and the single-storey extension has a hipped roof. The roof is variously clad in natural slate and asbestos slate, and there is a large eaves overhang. The front elevation has a three-storey central section, with a pitched roof at right angles to the main roof, with dormers to either side. On the rear elevation, there is a single peaked projection at second-floor level, situated between the twin rendered chimney stacks. - 1.3 Crofton was added to the Protected Buildings Register on the 08th April 2008 (Registered Building RB 261) by reason of its special architectural and historic interest. - 1.4 The following are pertinent sections taken from the Registered Building Appraisal, which is considered particularly pertinent to the content of this application: "The date of the first two-storey extension to Crofton is not known, but it does seem likely that it was extended during the ownership of Doctor Clague. Certainly on the Ordinance Survey Map of 1878, the property has not been extended. The first extension was full width to the rear elevation, over two storeys with a single pitched roof. This fits in neatly beneath the eaves of
the original three-storey house. Mr and Mrs Simcocks carried out some remodelling to the interior of the house in 1977. These works included the provision of a new kitchen, utility room, cloakroom and a new bathroom in what had previously been a small bedroom in the centre of the first floor. At the same time, first-floor fireplaces, pelmets and picture rails were removed. A single-storey rear extension was built during Mr and Mrs Ashworth's occupation in the early 1990's."
2.1 This application seeks Registered Building Consent for the erection of a rear conservatory (in connection with Registered Building Application 17/01065/CON) - 2.2 The works involve the replacement of an existing conservatory, approved within application number 95/01023/B. It is here proposed that the new replacement conservatory will be constructed in Upvc. - 2.3 In response to concerns raised, additional technical information has been provided by the applicant. - 2.4 Additional information has also been provided by the applicant which indicates that:
3.1 The application site has previously been the subject of a number of Planning and Registered Building consent applications, but the following is considered particularly pertinent in the consideration of this application: 95/01023/B - Erection of Porch and Conservatory - Application Permitted. - 4.0 PLANNING POLICY
4.1 As Crofton is a Registered Building (RB 261) and the application seeks Registered Building Consent for the erection of a rear conservatory, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically relevant to the assessment of this Registered Building Consent application: Strategic Policy 4 states: 'Proposals for development must:
"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:
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."
4.2 Planning Policy Statement 1/01 - Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man sets down the policies in relation to the conservation of the built environment of the Isle of Man, including policy for the identification and protection of historic buildings, conservation areas and other elements of the environment. This policy statement contains two policies that are considered specifically material to the assessment of this planning application:
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:-
RB/5: Alterations and Extensions states: "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
Policy CA/2 - Special Planning Considerations states: "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."
Category a) REGISTERED BUILDINGS of Planning Circular 1/98 - The Alteration and Replacement of Windows is pertinent in the consideration of this application: "If the original windows are in place they should preferably be repaired. If 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. Reasons for Policy: Registered Buildings are those buildings which are judged to be of special architectural or historic interest and which are already entered into the Protected Buildings register. Because of their special status, these buildings merit particular care and any work carried out by way of repair or alteration requires Registered Building Consent.
Planning Approval and Registered Building Consent ARE ALWAYS required."
5.1 Castletown Commissioners state no objections (10-11-17).
5.2 The DEFA Registered Buildings Officer has commented as follows, "I have reviewed the above applications and fully endorse the advice given by the previous Conservation Officer. The different appearance and character of PVC-u windows compared to windows of a traditional material, in this case timber, will make them make them unsuitable. These windows are assembled from factory-made components designed for rigidity, thermal performance and ease of production. Their design, detailing and operation make them look different to
6.1 The application seeks Registered Building Consent for the erection of an uPVC conservatory to the rear of the property to replace the current conservatory.
6.2 The key issue in the consideration of this application is whether the proposals 'would affect detrimentally its character as a building of special architectural or historic interest . . . .'
6.3 In the first instance, there is an existing, non-original conservatory approved and built following the approval of application 95/01023/B. That here proposed is what could be considered a relatively straight forward replacement of that conservatory with a conservatory that essentially replicates the existing, albeit in uPVC. However, the scaled drawings are at 1:100 and do little in terms of explaining the detail of the application. There is an expectation that an application on a Registered Building; "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."
The detailing of an addition to a Registered Building can be successful and add to its character as a building, or detract from its 'special architectural or historic interest' because of its poor detailing and finish. There is after all, a consideration that 'Because of their special status, these buildings merit particular care and any work carried out by way of repair or alteration requires Registered Building Consent'.
(Category a) REGISTERED BUILDINGS of Planning Circular 1/98 - The Alteration and Replacement of Windows is pertinent in the consideration of this application).
6.4 The existing conservatory does not look out of place on a Registered Building and certainly not one designed as Crofton is. The issue is more the material usage and the inherent visual weight in using uPVC on a Registered Building. The status of a Registered Building itself is suggestive of the use of appropriate materials. Painted timber offers a slenderness of detail, particularly on a conservatory that cannot be achieved in uPVC. Policy EP34 is helpful in this instance as it states; 'In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.' - 6.5 In conclusion, this application which seeks Planning Approval for the erection of a uPVC conservatory to the rear of the property to replace the current conservatory and is NOT thereby considered to comply with part (a) of Strategic Policy 4 and part (c) of General Policy 2, Environment Policies 32 and 34 and Policies RB/3 and RB/5 of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and is NOT therefore acceptable.
7.1 For the above reasons the application is NOT considered to be acceptable and is recommended for REFUSAL.
7.2 The points made by the applicant in relation to maintenance and cost are noted, but are given limited weight in the assessment of works to a Registered Building.
7.3 The point made by the applicant in relation to the works not being visible outside the site is noted, and accordingly impact on the Conservation Area does not form a recommended reason for refusal. - 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:
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.
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 Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date: 29.05.2018 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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