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23/00289/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00289/B Applicant : Whim Boutique Limited Proposal : Installation of replacement windows and doors Site Address : Whim Boutique 1 - 2 Dumbells Terrace Laxey Isle Of Man IM4 7NY
Planning Officer: Mr Peiran Shen Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.05.2023 __
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. This application is considered to comply with General Policy 2, Environment Policy 35 of the Strategic Plan, Planning Policy Statement 1/01 and Planning Circular 1/98.
Plans/Drawings/Information;
This approval relates to the documents, location plan, site plan date stamped as having been received on 1st March 2023, and drawing no. H/8481/1(B) date stamped as having been received on 10th May 2023. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE
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1.1 The site is 1 - 2 Dumbells Terrace, Laxey, an end-of-terrace building located on the west of the south end of Dumbbell Terrace.
2.0 THE PROPOSAL 2.1 The proposed is the replacement of all windows and doors.
2.2 The windows on ground floor of east elevation will be replaced with sliding sash windows with 50/50 split and one horizontal glazing bars and two vertical glazing bars. The windows on the first floor of the east elevation will be replaced with sliding sash window with 30/70 split. The bottom pane will have one horizontal glazing bar and two vertical glazing bar. The top pane will have two vertical glazing bars.
2.3 The shopfront windows on the ground floor of the south elevation will be placed with like for like. The first floor window on the first floor of the south elevation will be placed with sliding sash window with 30/70 split. The bottom pane will have one horizontal glazing bar and two vertical glazing bar. The top pane will have two vertical glazing bars.
2.4 The two doors on the east elevation will both be replaced with a door with a light on top. The door will have six panel with four pane glass panel.
2.5 The shopfront door on the south elevation will be replaced with a door with a large pane of glass. The other two doors on the south elevation will be replaced with doors with solid panel door with a small window.
3.0 PLANNING HISTORY 3.1 Replace windows and doors to front and side elevations and replacing the existing shop front door (side elevation) with a window was REFUSED under PA 22/01282/B. The refused application have windows with the same frame and glazing bar appearance but are in casement rather than sliding sash. The refused application also proposed to removed the door on the shop front and replace it with a window. The decision notice stressed that the proposal do not preserve or enhance the character of the area.
4.0 PLANNING POLICY Site Specific 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East.
4.2 The site is within the Laxey Conservation Area.
Strategic Policy 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o Strategic Policy 3, 4(a) and 5 o General Policy 2 (b) (c) (g) (m) (n) o Environment Policy 35 o Community Policy 7 and 10
PPS and NPD 4.4 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
4.5 Planning Circular 1/98 - The Alteration and Replacement of Windows Set
5.0 OTHER MATERIAL CONSIDERATIONS Legislation
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5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
Strategy and Guidance 5.2 The Residential Design Guide (July 2021) contains the following policies that are considered materially relevant to the assessment of this current planning application: o Chapter 5 Architectural Details
6.0 REPRESENTATIONS 6.1 Gaff Commissioners support this application (22.03.2023). The comment states that as the site faces a coach drop-off point, the proposal would improve the first impression of tourist and improve the character of the terrace and the area.
6.2 DoI Highway Services has not commented at the time of the report (22.05.2023).
7.0 ASSESSMENT Conservation Areas Statutory Test 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or enhance the character of the Conservation Area.
7.2 The replacement sliding sash windows and doors, while being uPVC, will preserve the appearance of the building and the character of the area. Therefore, the proposal is considered that the proposal passes the test.
Elements of Assessment 7.3 The key considerations in the determination of the application are its impact on the terrace itself and on the character and appearance of the area.
Design of the House Itself 7.4 As mentioned in 7.2, it is considered that the proposal preserve the design of the house.
Character and Appearance 7.5 As mentioned in 7.2, the proposal preserve the character and appearance of the area. Therefore, the design is considered acceptable.
7.6 Compared to the previously refused application, the currently proposed windows has the same method of opening and same frame as the existing windows. While the section of glazing bars changed, the change would be in line with the existing ones alone the terrace, which is arguably enhancing the character of the area.
8.0 CONCLUSION 8.1 The proposal is considered to comply with General Policy 2, Environment Policy 35 of the Strategic Plan, Planning Policy Statement 1/01 and Planning Circular 1/98. Therefore, it is recommended for an approval.
9.0 INTEREST PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
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(a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __
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.
Decision Made : Permitted
Date: 06.06.2023
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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