Officer Report

Application No.: 15/00059/GB Applicant: Raeburn Ltd Proposal: Installation of replacement first and second floor windows (in association with PA 15/00060 CON) Site Address: Former Burtons Building 20 Victoria Street Douglas Isle of Man IM1 2LE Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site represents the curtilage of the Former Burtons Building , 20 Victoria Street, Douglas which is situated on the corner of Duke Street and Victoria Street in the heart of Douglas Town Centre. The building is three storeys and has a flat roof at the top level on which there is a lantern light. The façade is notable for being faience in the Art Deco Style favoured by and synonymous with, Montague Burton and his Burton's stores in the early 20th century. - 1.2 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Shopping and within the Athol Street/Victoria Street Conservation Area designated in November 2007. The building is Registered (RB223).

2.0 THE PROPOSAL - 2.1 This application seeks approval for the installation of replacement first and second floor windows (in association with PA 15/00060 CON).

3.0 PLANNING HISTORY - 3.1 There has been a number or previous planning application, however only the following applications are considered relevant: - 3.2 Registered Building consent for the installation of replacement windows to first and second floors Registered Building Nos. 223 - 13/00517/CON & 13/00516/GB both REFUSED on the following grounds: "R 1. The applicant has failed to provide adequate justification for the replacement of the original windows and has not demonstrated why they cannot be reasonably repaired and retained, and why it would be impractical to do so. The application includes limited details of the proposed replacement windows and the details that have been provided are inconsistent with the sample window frame that the applicant has provided. The sample frame is wide, crude and clumsy and fails to respect the design, character and appearance of the original windows. There is inadequate justification for the design of the replacement windows and no demonstration of why the design is appropriate and how it would respect the architectural and historic qualities of the registered building. There is no proposed full elevation of the

building and insufficient information to show how the new windows would appear in context. The proposed replacement windows would be detrimental to the special architectural and historic qualities of the registered building. The proposal is therefore contrary to Environmental Policy 32 of the Isle of Man Strategic Plan Isle of Man Strategic Plan 2007; Policy RB/5 of the Planning Policy Statement 1/01; and paragraph 5, Category a) Registered Buildings of Circular 1/98 'The Alteration and Replacement of Windows'."

4.0 PLANNING POLICY - 4.1 As the former Burtons Building, 18a - 20 Victorian Street is a Registered Building located within the Athol Street/Victoria Street Conservation Area designated in November 2007, 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/4, 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) is also considered to be relevant to determining this application. - 4.2 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."

4.3 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;
• (l) 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."

4.4 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."

4.5 Environment Policy 34 states: "In the maintenance, alteration or extensions of pre1920 buildings, the use of traditional materials will be preferred." - 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." - 4.7 "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:

• o 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;
• o 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;
• o 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)."

4.8 POLICY RB/4 USE states: "In considering a proposal for change of use of a registered building, the principal aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the building, all of which affect its special character as a building of merit. An applicant will have to illustrate that the effect of any proposed changes upon the architectural and historic interest of the building will be minimised." - 4.9 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 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."

4.10 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."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council has 'no objection' to the proposals.

6.0 ASSESSMENT - 6.1 The key issue with the prosed works are whether they would preserve or enhance the Conservation Area and will the works affect detrimentally its character as a building of special architectural or historic interest will not be permitted. - 6.2 The application seeks planning approval to replace the first and second floor windows. The applicant claims that the existing windows are in a poor state of repair. Photographs and a detail 'Schedule of Defects' have been submitted with the application showing rust on a number of the frames and water ingress from the sides. The information also identifies a number of issues with each window, ranging from unable to fully close, window cracking, corrosion, mould, hinge broken. Previously the Conservation Officer suggested that this could be due to a build-up of paint that has not been stripped back over the years, which can be a common problem for rust/mould. - 6.3 The existing windows were manufactured by Crittal, constructed of mild steel. They are of a casement design with narrow framing. The Conservation Officer has previously suggested that these are the original windows and therefore have been in place for excess of 80 years. The application proposes to replace the windows with a powder coated aluminium specification. The applicant has failed to provide adequate justification for replacing the windows and has not demonstrated why the existing windows cannot be repaired, which is the preference stipulated by policy. There are other examples known to the Planning Authority where Crittal windows have been fully refurbished having been removed, shotblasted and re-painted. - 6.4 The applicants have advised they have considered the repair/restoration of the existing windows; however, it would be very difficult, in this instance, to undertake an effective repair. They also indicate that: "The existing frames are built against the fabric of the building and partially boxed in internally. Access if therefore restricted. It is not practical to repair the frames insitu, as a repair could not be effected to the rear section of frame. Due to the condition of the frame, it the frame were removed, for a more effective repair, then a significant number of frames would be lost or damaged in their removal. As a result, it is prosed to undertake a sympathetic window replacement to the existing windows on the first and second floors." - 6.5 The proposed replacement windows would replicate the existing fenestration pattern, with fixed lights and top hung opening casements in the same locations and opening in the same manner. A heritage replica for commercial frames will be utilised. A slim 16mm double glazed polyester powder coated, galvanised mild steel window. It is proposed the windows will offer a near exact sight-line match for the existing windows. - 6.6 In conclusion, the applicant has demonstrated that the existing windows cannot be reasonably repaired. The submitted detailed drawings show the replacements would respect the architectural and historic qualities of the registered building. It is considered that the proposed windows would be in keeping with the registered building, to its special architectural and historic qualities, and would be an enhancement to the character and appearance of the Conservation Area.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is 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/4, 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). Accordingly, the application is recommended for an approval.

8.0 PARTY STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

Recommendation Recommended Decision: Permitted Date of Recommendation:

18.02.2015

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. 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to drawings reference numbers 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13 all received on 20th January 2015.

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

Decision Made : Permitted Date : 03.03.2015 Determining officer (delete as appropriate)

Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance Head of Development Management