DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00233/CON Applicant: Manx National Heritage Proposal: Registered Building Consent for internal alterations to courtroom and witness room in Outer Gatehouse - RB 24 Site Address: Castle Rushen The Quay Castletown Isle Of Man IM9 1LD Technical Officer: Thomas Sinden Recommended Decision: Permitted Date of Recommendation: 17.04.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

This application has been recommended for approval for the following reason.

The proposals pass the statutory test within Section 16 of the Town and Country Planning Act 1999 as the building's architectural and historic special interest is being preserved. The proposals are also in accordance with Strategic Policy 4, Environment Policy 32 and Environment Policy 34 of the IOM Strategic Plan 2016, together with Policies RB/3 and RB/5 of Planning Policy Statement 1/01, as the building's special interest is being protected and preserved. The application is therefore considered to be acceptable.

Plans/Drawings/Information; This decision relates to drawings E (--) 100, E (--) 101, E (--) 102, E (--) 103, E (--) 700, E (61)

• 100, E (61) 101, G (--) 000, G (--) 001, E (1-) 100, E (1-) 101, E (1-) 700, G (--) 100, G (--)
• 101, G (1-) 700, G (--) 700, G (--) 701 and G (61) 100 received 4th March 2024. _______________________________________________________________

Interested Person Status

Additional Persons None

Officer’s Report

1.0 THE SITE - 1.1 The site is Castle Rushen, Registered Building no.24, is a large limestone fortress initially built around 1200AD. Manx National Heritage state in their information regarding the site that Castle Rushen is one of the best preserved medieval castles in the world. While originally used as a military fortress, the site has also been used as a royal residence, a mint, a prison and a courthouse. - 1.2 The works proposed under this Registered Building Application focus on the Outer Gatehouse. Whilst initially built for defence, when the Castle was converted to a prison in the early 1800s, the Outer Gatehouse served an administrative purpose. Since the prison was relocated in the 1890s, the site served as a museum. The ground floor of the outer gatehouse now serves as an education room adjacent to the shop, while the first floor was used as a courtroom until 2013, and following the recent refurbishment is now used for presentations and seminars.

2.0 THE PROPOSAL - 2.1 The application proposes to install a platform lift within the Outer Gatehouse from the former witness room, now part of the ticket office, at ground floor and the former courtroom at first floor. Preparatory works for this installation, including the trimming of the first floor structure around the opening, were approved under registered building consent application 20/01296/CON.

3.0 PLANNING POLICY - 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

(3) In considering (b) whether to grant registered building consent for any works, the relevant 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.

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 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 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.

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/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).

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 effect upon the building's special interest as a result of several minor works which may individually seem of little consequence.

4.0 PLANNING HISTORY - 4.1 In addition to application 20/01296/CON mentioned in section 2.1, applications 17/00857/GB and 17/00858/CON approved various alterations including the relocation of the visitor shop, replacement of the drawbridge, and a new ramp and steps to the ground floor of the Keep.

5.0 REPRESENTATIONS - 5.1 No comments have been received for the application.

6.0 ASSESSMENT Statutory Test - 6.1 Section 16 of the Act requires that when considering whether to grant registered building consent, the Department must "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." Aside from the Limestone external walls, which are partly exposed at ground floor level, the fabric in this part of the castle is all modern and is judged to make no contribution to the special interest of the Castle. With this in mind, the installation of a modern platform lift in this area is considered to cause no harm to the Castle's special interest, and therefore to pass the statutory test. Policy Tests - 6.2 The application proposes to install a platform lift, frame and enclosure within the Outer Gatehouse. As stated in section 2.1, the preparatory works for this installation were approved under application 20/01296/CON, and have since been undertaken. The platform lift now proposed to be installed would have a powder coated steel frame, and glazed panels. Whilst

• the materials proposed are modern, as a modern intervention intended to facilitate access for those with reduced mobility, the proposed finishes are judged to be acceptable. In addition to the above, the area proposed for the lift's installation is not considered to be historically sensitive, and the presence of the lift is not judged to harm the ability to view or appreciate any of the elements that contribute to the Castle's special interest.
• 6.3 The final element within this application is a proposed alteration to the screen within the ground floor Education Room. The alterations proposed would install a glazed timber door within part of this screen in order to provide access to the ground level entrance to the platform lift. As the screen proposed to be altered is not historic, and the alterations would increase access in and around the Castle, this element of the works is considered to cause no harm to the building's special interest and potentially enhance the ability for a wider proportion of the public to visit these parts of the building.

7.0 CONCLUSION - 7.1 It is judged that the proposal meets the tests of Section 16 of the Town and Country Planning Act 1999 as the building's special interest is being preserved. The proposals are also judged to meet the tests of Strategic Policy 4 and Environment Policy 32 of the Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, as the building is being protected and preserved. The application is therefore recommended for approval.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o Manx National Heritage, and
• o The local authority in whose district the land the subject of the application is situated.

8.2 In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

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

Decision Made : Permitted Date : 17.04.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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