Officer Report

Application No.: 25/90297/GB Applicant: Christine Anne Jones Proposal: Installation of replacement windows and door - RB 218 (in association with 25/00298/CON) Site Address: Riverside Cottage Bridge Lane Ramsey Isle Of Man IM8 3DE Technical Officer: Tom Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.05.2025 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

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

The proposals are considered to be in accordance with Section 16 of the Town and Country Planning Act as the replacement windows and door in the manner specified would protect and preserve the building's special architectural interest. It is also judged that the application accords with Strategic Policy 4 and Environment Policy 32 of the Strategic Plan, and policies RB/3 and RB/5 of Planning Policy Statement 1/01 as the replacement windows and door would result in the building's special interest being protected and preserved. The application is therefore judged to be acceptable.

Plans/Drawings/Information;

This decision relates to the replacement window and door specifications detailed on the B Walmsley (1988) Ltd document dated 21/02/25 and received on 18.3.2025.

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Ramsey Commissioners - No objection D.O.I. Highways - No objection

Officer’s Report

1.0 THE SITE - 1.1 The site is Riverside Cottage, registered building no. 218. The building is one of the oldest surviving properties in Ramsey north of the Sulby River, being likely to date from the 18th century, and retains many elements of historic fabric, form and materials.

2.0 THE PROPOSAL - 2.1 This application seeks planning approval to replace the building's existing front windows with double-glazed timber windows and front door in a style, opening method and form that would match the existing units. The application is concurrent with 25/00298/CON.

3.0 PLANNING POLICY - 3.1 The application site is in an area at high risk of river and tidal flooding. - 3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

General Policy 2 Strategic Policy 4 Environment Policy 32 Environment Policy 34

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.

3.4 Planning Circular 1/98: The Alteration And Replacement Of Windows Category a) Registered Buildings

If the original windows are still in place they should be preferably repaired. If the 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.

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

(3) In considering —

• (a) whether to grant planning approval for development which affects a registered building or its setting, or
• (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.

5.0 PLANNING HISTORY - 5.1 The following applications have been received for the property:

03/01480/B Permitted Demolition of outbuildings, conversion of part of rear porch to a boiler house and installation of timber French doors to replace rear ground floor window.

6.0 REPRESENTATIONS - 6.1 Ramsey Commissioners have no objections to the proposals (1.5.2025). - 6.2 D.O.I. Highways have stated that there is no highways interest in the application (21.3.2025).

7.0 ASSESSMENT Statutory Test - 7.1 Section 16 of the Act states that 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." In this instance, this registered building consent application proposes to replace the building's existing front elevation windows and timber door with double-glazed timber windows in a style, opening method and form that would match the

existing units. Whilst it would be preferable for the existing windows to be repaired, the applicant has demonstrated during pre-application discussions that the current window frames are perished. As such, the replacement of the windows and door in a material, style, form and opening method to match the existing units is judged to preserve the building's special architectural interest.

Policy Tests

7.2 Prior to the submission of the application, the property owner engaged in pre-application discussions with the Department and has demonstrated that the frames of the existing windows are perished. Planning circular 1/98 states that "If the original windows are still in place they should be preferably repaired. If the repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design." Given that is has been demonstrated that the existing window frames and door are perished, it is judged that the replacement windows will accord with this guidance as they would replicate the existing style, material, opening method and form. Given that the windows and door are considered to closely replicate the existing units, it is also judged that the application would protect and preserve the building's special interest. - 7.3 Whilst the application site is in an area noted as being at high risk of flooding, the nature of these proposals will not change the property's susceptibility to flooding, and as such flood risk is not considered to be a reason for refusal in this instance.

8.0 CONCLUSION - 8.1 The proposals are considered to be in accordance with Section 16 of the Town and Country Planning Act as the replacement windows and door in the manner specified would protect and preserve the building's special architectural interest. It is also judged that the application accords with Strategic Policy 4 and Environment Policy 32 of the Strategic Plan, and policies RB/3 and RB/5 of Planning Policy Statement 1/01 as the replacement windows and door would result in the building's special interest being protected and preserved. It is therefore recommended that the application be approved.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

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: 07.05.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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