DEC Decision Notice

Isle of Man

Government Isle of Man Government BRW Architectural Beaconsfield Cottage Richmond Hill Braddan Isle Of Man IM4 1JG

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order, the Department of Infrastructure determined to REFUSE planning application by Barbara Dean, ref 13/00473/B, for the alterations to external finish on rear elevation at 44 The Crofts Castletown Isle Of Man IM9 1LZ for the following reason(s):

1. The property is one of the few remaining buildings in the terrace to have retained so many of its original features and the proposed rendering and removal of chimney pots would fail to enhance or preserve the character of the building or the Conservation Area in which the property is situated as is required by Environment Policy 35 of the Strategic Plan.

Date of Issue: 11th July 2013

M Kallyher

Director of Planning and Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision (copy enclosed), together with correspondence relative to the application, are available for inspection at the Department.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected] $13 / 00473 / B$

Planning Report And Recommendations

Case Officer :	Mr Trevor Wilson
Photo Taken :
Site Visit :
Expected Decision Level :	Officer Delegation

Application No. :	13/00473/B
Applicant :	Barbara Dean
Proposal :	Alterations to external finish on rear elevation
Site Address :	44 The Crofts Castletown Isle Of Man IM9 1LZ

Officer's Report

The Application Site

1. 44 The Crofts is located close to the junction with Arbory Road in Castletown which is located approximately 100 metres from the town centre. As the application site is located within the Castletown Conservation Area, designated in 1990.

The Proposal

1. This application seeks apply a smooth cement render to the exposed limestone wall to the rear of 44 The Crofts. Additionally, the existing brick raised chimney pots are to be removed and the remaining stack also rendered. No provision has been made to replace/replicate the former chimney pots.

Planning History

1. 44 The Crofts has no relevant historical planning history in relation to this application.

Planning Policy

1. As 44 The Crofts is located within the Castletown Conservation Area designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 being Strategic Policy 4, General Policy 2, Environment Policies 35 and Policy CA/2 Special Planning Considerations from Planning Policy Statement 1/01 (Conservation of the Historic Environment) is also considered to be relevant to determining this application.

Strategic Policy 4 states:

"Proposals for development must:

(a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, 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 unacceptable environmental pollution or disturbance."

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; (I) 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."

Environment Policy 35 states; "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."

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."

Environment Policy 35 is intended to "ensure that the special features contributing to the character and quality are protected against inappropriate development."

Representations

1. Castletown Commissioners have 'no objection'.

1. The key issues to consider in the determination of this application is whether the removal of the chimney pots and their brick extensions, along with the rendering of the stack and the proposed rendering of the rear elevation of the property, preserves or enhances the character or appearance of the Conservation Area within which the building is located.
2. It is clear from the photos of both this property and the terrace as a whole, that this is one of the few remaining properties in the terrace to have retained so many of their original features and does not readily display evidence of past works, remedial or otherwise other than the brick extensions to the chimney pots. Whilst there is a predominance of rendered stacks in the terrace, such works have left only two original exposed stone stacks and should not be regarded as justification for permitting the complete loss of one of the last remaining original stacks.
3. The rendering to the rear elevation, which would be clearly visible from Arbory Street, would not complement the existing architectural landscape of exposed limestone construction and as such would have a detrimental impact upon the character of the Conservation Area within which it is located.
4. In conclusion, the proposed works, including the loss of the chimney pots to the Crofts skyline given the similar detrimental works carried out to the two adjoining stacks, would greatly add to the erosion of such characteristic features to the Conservation area. Similarly, the rendering to the rear of the property would further contribute to the loss of original features and have a detrimental impact upon the character of the Conservation Area. Therefore, these proposals are not therefore considered to comply with the relevant planning policies from the Isle of Man Strategic Plan 2007 are Strategic Policy 4, General Policy 2, Environment Policies 32, 34 and 35 and Policies RB/3, RB/5 and CA/2 Special Planning Considerations from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man).

Recommendation

1. It is recommended that the application be declined.

Party Status

1. The local authority, Castletown Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Refused

Date of 09.07.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

R 1. The property is one of the few remaining buildings in the terrace to have retained so many of its original features and the proposed rendering and removal of chimney pots would fail to enhance or preserve the character of the building or the Conservation Area in which the property is situated as is required by Environment Policy 35 of the Strategic Plan.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date : 16/7/13

Determining officer (delete as appropriate)

Signed : Signed : Sarah Corlett Anthony Holmes Senior Planning Officer Senior Planning Officer

Signed : Signed : Jennifer Chance Michael Gallagher Director of Planning and Building Control Development Control Manager

10 July 2013 13/00473/B Page 4 of 4

PA13/00473/B Barbara Dean Alterations to external finish on rear elevation, 44 The Crofts Castletown Isle Of Man IM9 1LZ Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 23.04.2013, includes;

Listed Buildings: Address: 44 The Crofts, Castletown, Isle Of Man, IM9 1LZ Grade: Conservation Grant application Description: Grant application for replacement front window. Reference Number: 07/00031/HB Conservation Areas: Cons Areas: Castletown Cons Area Dev Control Polygons: Reference Number: 10/01050/B Status: Permitted Proposal: Installation of replacement windows to front elevation Reference Number: 00/00995/B Status: Permitted Proposal: Erection of satellite dish BC Case Polygon: Reference Number: 98/07137/DEX BC Case Status: Building Work Complete Proposal: Remove internal walls and refurbishment