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23/00474/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00474/B Applicant : Mr David George Trustrum Proposal : Installation of replacement windows and rear door Site Address : Avondale 5 Church Road Port Erin Isle Of Man IM9 6AH
Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 07.08.2023 __
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.
C 2. The replacement sliding sash windows to the front elevation are to feature run through sash horns and externally applied vertical glazing bars.
Reason: To preserve the character of the Proposed Conservation Area within which the property sits.
C 3. Notwithstanding the details provided as part of the application, the replacement windows to the rear elevation are to include vertical glazing bars to match the existing, which must be externally expressed.
Reason: To protect and enhance the character of Proposed Conservation Area within which the property sits.
C 4. The glazing of the proposed replacement arched windows to the front elevation shall match the curvature of the existing windows in terms of detailed execution to match the shape of the arch in the masonry.
Reason: to ensure that the new windows are appropriate in appearance for the streetscene
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23/00474/B Page 2 of 5
This application has been recommended for approval for the following reason. It is deemed that the proposal complies with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01. Although the frame materials are not traditional, as required by Environment Policy 34, they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 14th April 2023; o Site Plan o Location Plan o Photo Elevation Sheets
This decision also related to site photo elevations and window allocations detail dated received 19.06.23 __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is within "Avondale," 5 Church Road, Port Erin, which is a mid-terraced, three storey property situated to the North side of Church Road.
1.2 To the front elevation, the property has sliding sash windows with horns, of which the third floor windows are arched. To the rear elevation the property has a sliding sash windows which have glazing bars.
THE PROPOSAL
2.1 The current planning application seeks approval for the following;
PLANNING HISTORY
3.1 The previous applications upon the site are not relevant in the assessment of this application.
PLANNING POLICY
4.1 The site lies within an area zoned as "Mixed Use" on the Area Plan for the South, Map 7 - Port Erin/Port St Mary. The site is not situated within a Flood Risk Zone but is situated within a proposed Conservation Area.
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23/00474/B Page 3 of 5
4.2 Whilst the site is only within a proposed Conservation Area, it is still relevant to consider Environment Policy 34 & 35 and Planning Policy Statement 1/01, CA/2 which require development within a Conservation Area is required to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the surrounding area. As the area is within a proposed Conservation Area, it is necessary to ensure that the proposed development would not prejudice the future Conservation Area designation.
4.3 Also relevant to the assessment of the application is General Policy 2 of the Isle of Man Strategic Plan 2016 which sets out "development control" considerations, the Residential Design Guidance 2021 and Planning Circular 1/98.
REPRESENTATIONS
5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the proposal and state, no highways interest. (28.04.23)
5.3 Port Erin Commissioners have considered the application and have "resolved to support the proposal." (09.05.23)
5.4 Consultation was sought from the Principle Registered Buildings Officer, due to the site being within a proposed Conservation Area. The Principle Registered Buildings Officer states the following, "Whilst acknowledging the property is located within a proposed conservation area and the weight of the above policy context as a result of this, the property retains all its historic windows, this is becoming rare and rarer situation on island and I feel I have no choice but to raise concerns as a result, particularly when the wholesale replacement of all its original historic windows is proposed because of energy efficiency." (23.07.23)
ASSESSMENT
6.1 The fundamental issues to consider in the assessment of this application is whether the proposed windows would preserve or enhance the character or appearance of the proposed Conservation Area, whilst taking into account the special character of the area. Whilst the Conservation Area is not yet adopted, so the full force of Environment Policy 35 and Planning Policy Statement 1/01 cannot properly be applied to this development, it is important that the proposal would not prejudice the future designation of the Conservation Area by allowing something that could be viewed as harmful to the character and appearance of the area.
6.2 When looking at the change of the windows to the front elevation, the comments from the Principle Registered Buildings Officer are noted and it is regrettable that proposal would fit within the existing policies in place and that there is nothing stated within this application on whether the windows can be saved in their current form.
6.3 The front elevation is based on a like for like replacement abide in uPVC not timber, which means that the front elevation would keep the sliding sash windows which are currently in place and the arches to the third floor which are an important feature within the streetscene. Whilst the proposal is to make sure these features are kept, a condition should be attached for the benefit of doubt.
6.4 Turning towards the proposal to the rear elevation, the proposal is to replace the existing sliding sash windows with casements. Whilst no details have been provided with regards to the glazing bar, a conversation via phone call with the applicant on the 4th August 2023, confirmed that glazing bars would be necessary for the application to comply with Planning Circular 1/98 and as such a condition should be attached to make sure the glazing bars are replicated in the new application.
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23/00474/B Page 4 of 5
6.5 The proposed replacement rear door is of a different style and material to the existing. Whilst this is contrary to Environment Policy 34, the door is not readily visible from a public thoroughfare and cannot reasonably be judged to contribute to the proposed Conservation Area's character or appearance. On balance, the replacement rear door on its own would therefore be judged to be acceptable.
6.6 Overall, it is noted that the degree of flexibility in the material used for replacement windows as stated in Planning Circular 1/98 and the proposed replacement window styles; which would be sliding sash windows on the front elevation and casement windows with the glazing bars on the rear elevation, would result in a neutral impact upon the overall character and appearance of the property, the streetscene and the Conservation Area. This would ensure that the character of the proposed Conservation Area is not compromised. Whilst the proposed use of materials for the window changes would be at variance with EP 34; which gives preference for use of traditional materials, it is not considered of over-riding concern in this case given the level of acceptability for UPVC in Planning Circular 1/98.
CONCLUSION
7.1 It is concluded that the proposal complies with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01. Although the frame materials are not traditional, as required by Environment Policy 34, they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area.
7.2 The application is therefore recommended for approval with a condition regarding the curved windows and the glazing bars to the rear elevation.
INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (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 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.
8.2 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.
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23/00474/B Page 5 of 5
Decision Made : Permitted
Date: 11.08.2023
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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