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Application No.: 24/91273/GB Applicant: Ramsey Town Commissioners Proposal: Replacement of four windows on east elevation (in association with RB consent application 24/01274/CON) Site Address: Court House Parliament Street Ramsey Isle Of Man IM8 1AR Technical Officer: Tom Sinden Recommended Decision: Permitted Date of Recommendation: 20.12.2024 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
The proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, and the tests of Strategic Policy 4 and Environment Policies 32 and 35 of the Strategic Plan 2016, as the nature of the replacement windows would result in the character of the Registered Building and Conservation Area being preserved. It is therefore judged that the application is acceptable.
This decision relates to drawing 24 1862 01, together with the other information submitted on 11.11.2024.
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: D.O.I. Highways - No objection
1.0 THE SITE - 1.1 The site is Ramsey Courthouse - registered building number 79. The building dates from 1798 and is a well-preserved example of the work of renowned architect George Steuart whose other works included the Castle Mona and Red Pier Complex in Douglas. In addition to the special architectural interest noted above, the building has special historic interest as a result of its contribution to the civic and social history of Ramsey and the north of the island. The site also sits within the Ramsey Conservation Area.
2.0 THE PROPOSAL - 2.1 The application proposes to install four replacement double glazed timber framed windows on the east elevation of the building in a like for like manner in terms of opening method and pattern of glazing bars.
3.0 PLANNING POLICY. - 3.1 The site is within area defined as Town Centre in the Ramsey Local Plan 1998. A portion of the site is in an area at high risk of tidal flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999
S16 Registered buildings: supplementary provisions S18 Designation of conservation areas
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 General Policy 2: 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:
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 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.
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/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.
4.1 Isle Of Man Renewable Heating Scenarios (January 2022): Key Targets:
4.2 Isle Of Man Future Energy Scenarios (2020), in which the Isle of Man Government launched its Future Energy Scenarios Strategy to determine the pathways to meet the following: "Key Targets - To ensure 75% of the island's electricity is generated from renewable sources by 2035 and to deliver net zero emissions by 2050." - 4.3 Climate Change Act 2021 - sets out the legal requirement; "to make provision for the setting of interim targets for the reduction of greenhouse gas emissions; to make provision about the mitigation of climate change and the enhancement of natural carbon storage; to impose climate change duties on public bodies; to make provision for energy generation and energy use and for the reduction and recycling of waste; and for connected purposes". - 4.4 Climate change plan 2022-2027 - Statutory document for climate change which seeks to reduce greenhouse gasses across the Island to become a carbon neutral Island by 2050 and meet interim targets of a 35% reduction in emissions by 2030 and 45% by 2035 and is expected to affect various economic, social and environmental factors.
5.1 There are 12 previous applications (a combination of planning and registered building consent) on the property, none of which are judged pertinent to the very focussed and modest nature of this application. - 6.0 REPRESENTATIONS
6.1 The Department of Infrastructure Highways Division judge the application to have no highways interest (15.11.2024).
6.2 Ramsey Town Commissioners were consulted on 12.11.2024. At the time of writing this report (20.12.2024), no comment has been received. However, given that the Commissioners are the owners of the building and the applicant for the application, it is judged reasonable to assume that they do not object to the proposals. - 7.0 ASSESSMENT
Statutory Test
7.1 Section 16 of the Act states that 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." In addition to this, Section 18 of the Act requires the Department to pay special attention to the desirability of preserving or enhancing the character or appearance of any conservation area in the exercise of any powers under the Act. In this instance, the application proposes replace four windows on the building's east (side) elevation with timber framed double glazed units in a like for like material, form and opening method. Following a site visit it is apparent that the existing windows are not historic, and likely to date from the mid-to-late 20th century. As the replacement windows are proposed to match the material, glazing bar pattern and opening method of the existing windows, I judge that the proposals would preserve the special interest of the registered building, as well as preserve the character and appearance of the conservation area in accordance with the statutory tests. Policy Tests
7.2 The application proposes to replace four windows on the building's east (side) elevation with timber framed double glazed units in a like for like style. Prior to the application being submitted, the case officer visited the property together with representatives from Ramsey Commissioners. The windows appear to date from the mid-20th century, and it was apparent that the windows had been the subject of various repairs during their lifetime, and were now in need of wholesale replacement. As the material, form and style are proposed to match the existing units, it is judged that the building's special interest and the special character of the conservation area are being preserved.
7.3 Given the nature of the proposals, it is judged that the replacement windows will not change the site's potential susceptibility to flooding. - 8.0 CONCLUSION
8.1 It is judged that the proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, and the tests of Strategic Policy 4 and Environment Policies 32 and 35 of the Strategic Plan 2016, as the nature of the replacement windows would result in the character of the Registered Building and Conservation Area being preserved. It is therefore recommended that the application be approved. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 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 the Right to Appeal.
I can confirm that this decision has been made by the Acting 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 and/or rights to appeal.
Decision Made: Permitted Date: 23.12.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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