DEC Officer Report

Application No.: 22/00614/B Applicant: Mr Kenneth John Devaney Proposal: Installation of replacement windows (Retrospective) Site Address: Harbour Bistro Shipdesign House East Quay Ramsey Isle Of Man IM8 1BA Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.07.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2, Environment Policy 35 of the Strategic Plan, Planning Policy Statement 1/01 and Planning Circular 1/98.

Plans/Drawings/Information;

This approval relates to the documents, planning statement, existing elevation photos, windows details and current photos date stamped as having been received on 11th May 2022.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of Harbour Bistro, Shipdesign House, East Quay, Ramsey.

- 2.0 THE PROPOSAL

2.1 This application seeks retrospective approval for the replacement of windows on the front, northwest, north, and south elevation and those on the porch. - 2.2 The front elevation windows are replaced with like-for-like uPVC sliding sash windows. The porch windows are replaced with like-for-like uPVC top-hung casement windows. - 2.3 The window on the ground floor of the northwest corner elevation is replaced with a like-for-like uPVC window. The windows on the ground floor of the north elevation are replaced with like-for-like uPVC windows. The windows on the south elevation are replaced with uPVC top-hung casement windows.

3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.

4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Mixed Use (Town Centre) in the Ramsey Local Plan 1998. - 4.2 The site is within the Ramsey Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: Principles of Developments - 4.4 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." - 4.5 General Policy 2, which provides an overall requirement for all development, 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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality;

• (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."

Visual Design

4.6 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." This is also reiterated in CA/2 of PPS 1/01. Environment - 4.7 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island." Then, Infrastructure Policy 5 particularly states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."

• Safety and Security
• 4.8 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regard to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes." PPS and NPD
• 4.9 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
• 4.10 Planning Circular 1/98 - The Alteration and Replacement of Windows Set states: Category b) Buildings in a Conservation Area "if the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare must have the same method of opening as the originals. Whatever the material used in their construction, the windows must have the same pattern and section of glazing bars and the same frame sections as the original windows. Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."

5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.

6.0 REPRESENTATIONS - 6.1 Ramsey Town Commissioner has not commented at the time of the report (30.06.2022). - 6.2 Highway Services does not oppose this application (26.05.2022). The comment states that there is no significant negative impact upon highway safety, network functionality and /or parking. - 6.3 Manx National Heritage wrote in expressing their disappointment (07.07.2022). The comment states that retrospective window replacement applications are often for replacement windows with broader frames, which reduce the glazing area and cause an insidious loss of historical character.

7.0 ASSESSMENT Conservation Areas Statutory Test - 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or protect the character of the Conservation Area. - 7.2 The replacement windows were like for like and would preserve the character of the Conservation Area. Therefore, the proposal is considered to pass the test. Elements of Assessment

7.3 The key considerations in the determination of the application are its impact on the house itself and on the character and appearance of the area. Design of the House Itself - 7.4 As mentioned in 7.2, it is considered that the proposal would preserve the design of the building. Character and Appearance - 7.5 As mentioned in 7.2, the proposal would improve the character or appearance of the area. Therefore, the design is considered acceptable.

8.0 CONCLUSION 8.1 The proposal is considered to comply with General Policy 2, Environment Policy 35 of the Strategic Plan, Planning Policy Statement 1/01 and Planning Circular 1/98. Therefore, it is recommended for an approval.

9.0 INTEREST PERSON STATUS - 9.1 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 which 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.

9.2 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.

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 : Permitted Date: 12.07.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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