Officer Report

Application No.: 25/00161/CON Applicant: Mr John-Paul Walker Proposal: Registered building consent for the replacement of the existing mortar cap to Clock Tower Belfry with lead roof (in association with application 25/90160/GB) Site Address: Castle Rushen The Quay Castletown Isle Of Man IM9 1LD Technical Officer: Tom Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 08.04.2025 _________________________________________________________________

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.

It is judged that the proposal meets the tests of Section 16 and 18 of the Town and Country Planning Act 1999 as the registered building's special interest is being preserved and the character of the conservation area is being preserved. The proposals are also judged to meet the tests of Strategic Policy 4, Environment Policies 32 and 35 of the Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, as the registered building and conservation area is being protected and preserved. The application is therefore judged to be acceptable.

Plans/Drawings/Information;

This decision relates to drawings P-006, P-007 and the other supporting information detailing the lead roof covering to the clock tower belfry, all received 20.2.2025.

_________________________________________________________________ Interested Person Status 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 Clock Tower Belfry, the elevation and portion of the Castle Keep that overlooks Castletown's Market Square.

2.0 THE PROPOSAL - 2.1 The application proposes to replace the existing mortar cap to Clock Tower Belfry with lead roof.

3.0 PLANNING POLICY - 3.1 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.
• Environment Policy 35: 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.

3.2 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY RB/3 POLICY RB/5 ALTERATIONS AND EXTENSIONS POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 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. S18 Designation of conservation areas

• (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.

5.0 PLANNING HISTORY - 5.1 There have been various applications relating to the Castle since its date of registration, principally regarding amendments to improve its use as a heritage attraction. These include applications 24/00233/CON and 20/01296/CON that permitted the installation of 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. Before those works, 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.

6.0 REPRESENTATIONS - 6.1 No comments have been received for the application.

7.0 ASSESSMENT Statutory Tests - 7.1 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." A supporting statement has been submitted with this application, outlining the rationale behind the proposed lead roof. This states that the current cement cap to the bell tower has failed and is resulting in high levels of water ingress to the fabric and rooms below. No evidence has been found of a historic masonry roof covering to the bell tower, and therefore it is likely that any historic roof was either formed in slate or lead, as it has been on other areas of the Castle. Given the research that has been undertaken and the obvious benefits that a weatherproof roof/capping will provide to the historic fabric below, I judge that the proposed lead roof will preserve the special interest of the building.

Section 18 of the Act requires the Department to pay special attention to the desirability of preserving or enhancing the character or appearance of any conservation area in the exercise of any powers under the Act. In this instance, the application proposes to construct a lead roof over the bell tower, replacing a non-historic cement cap. Lead is a commonly used material for roofing in the conservation area, and on parts of the Castle itself, and together with the fact that this proposed roof would be modest in scale and placed at the top of one of the highest parts of the Castle keep, I judge that the proposed roof would preserve the character and appearance of the conservation area.

Policy Tests

7.2 The application proposes to construct a lead roof over the Castle's bell tower, replacing a non-historic cement cap. As noted in 7.1 above, information has been included within the application documents explaining the rationale behind the proposals. Given the roof is intended to protect the historic fabric below, is modest is scale and located high up on the Castle wall, it is judged that the proposals will preserve and protect the special interest of the registered building, and preserve the character of the conservation area.

8.0 CONCLUSION - 8.1 It is judged that the proposal meets the tests of Section 16 and 18 of the Town and Country Planning Act 1999 as the registered building's special interest is being preserved and the character of the conservation area is being preserved. The proposals are also judged to

meet the tests of Strategic Policy 4, Environment Policies 32 and 35 of the Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, as the registered building and conservation area is being protected and preserved. The application is therefore recommended for approval.

9.0 INTERESTED PERSON STATUS - 9.1 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.

9.2 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 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 and/or rights to appeal.

Decision Made : Permitted Date: 14.04.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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