DEC Decision Notice

Isle of Man Government

Brenda Isobel Kennaugh Slieu Whallian Bungalow St Johns Douglas IM4 3BL

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 APPROVE a planning application by Brenda Isobel Kennaugh, Ref 13/00732/GB, for the Installation of replacement cellar window (retrospective, in association with 13/00733CON) at 1 Quay Lane Castletown Isle Of Man IM9 1LE subject to compliance with the following condition(s):

1. This approval relates to the following information all date stamped 24/6/2013 and 13/1/2014:

• A4 Location Plan and Aerial photograph
• External photographs indicating the replacement window to be removed.
• A4 Window specification drawing of proposed window replacement

1. The approved window must be painted to match those in the remainder of the building.

Date of Issue: 27th January 2014

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. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. 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

http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/

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

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later.

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]

13/00732/GB

Officer's Report

Application No.:	13/00732/GB
Applicant:	Brenda Isobel Kennaugh
Proposal:	Installation of replacement cellar window (retrospective, in association with 13/00733CON)
Site Address:	1 Quay Lane Castletown Isle Of Man IM9 1LE
Case Officer:	Mr Trevor Wilson
Photo Taken:
Site Visit:
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site is the curtilage of 1 Quay Lane, a three storey property with a deteriorating lime-washed facade. The property comprises a basement, ground floor and two upper bedroom floors which are all located in a narrow lane leading off from the quayside at the point of Soloman's Corner and Harbour House.
2. The surrounding area is characterised by a mix of uses of residential, commercial, retail and tourism.

The Proposal

1. The application seeks retrospective planning permission for the installation of a fixed six pane timber basement window. This is to replace an un-authorised uPVC window which had been fitted to replace the original basement window which had been removed without planning permission or Registered Building Consent.

Planning History

1. 13/00320/COMP Enforcement enquiry regarding breach of planning control.

Planning Policy

1. As 1 Quay Lane is a Registered Building (RB 43) located within the Castletown Conservation Area as designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 are 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) and Planning Circular 1/98 'The Alteration and Replacement of Windows' Category (a) which states:

"If the original windows are still 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".

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."

Environment Policy 34 states: "In the maintenance, alteration or extensions of pre-1920 buildings, the use of traditional materials will be preferred."

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." "Planning Policy Statement 1/01 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:

• 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;
• 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;
• 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)."

"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."

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."

Assessment

1. The application seeks retrospective permission for the installation of a timber basement window to replace an unauthorised uPVC window which had been fitted to replace the original basement window which was removed without Planning permission or Registered Building Consent.
2. Basement lights are an integral feature to the houses in Quay Lane and contribute to the property's Registered Building status.
3. Photographs appended to the Registered Building file dating back to 1984 indicate a timber basement window consisting of six panes in a fixed frame. Based on recent photography, this fixed basement window remained in situ until replaced in 2013 with the unauthorised uPVC window.
4. The replacement timber window is to consist of six panes (3 over 3) of Slimlite double glazed units set within a fixed timber frame. This arrangement closely relates to the former window which was in-situ at the time of registration in 1984 and is considered an enhancement over the current window.
5. In conclusion; the works in the main, are considered to respect the character of the Registered Building and the Conservation Area within which it is located and in doing so, 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. Permit.

Party Status

1. The local authority, Castletown Commissioners, are 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: Permitted

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

C 1. This approval relates to the following information all date stamped 24/6/2013 and 13/1/2014:

A4 Location Plan and Aerial photograph External photographs indicating the replacement window to be removed. A4 Window specification drawing of proposed window replacement

C 2. The approved window must be painted to match those in the remainder of the building.

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 : Permitted Date : 24/6/14

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager

PA13/00732/GB Brenda Isobel Kennaugh Installation of replacement cellar window (retrospective, in association with 13/00733CON), 1 Quay Lane Castletown Isle Of Man IM9 1LE Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 25.06.2013, includes;

Listed Buildings: Address: 1 Quay Lane,Castletown,IM9 1LE Grade: REGISTERED BUILDING Description: Reference Number: 05/00043/REGBLD Conservation Areas: Cons Areas: Castletown Cons Area Dev Control Polygons: