DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00824/B Applicant: Miss Yvonne Grogan Proposal: Installation of replacement front five windows Site Address: Bayr Ny Loghan Cottage 14 Lake Lane Peel Isle Of Man IM5 1AU Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.09.2023

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.

The replacement non-traditional windows are no worse than the existing non-traditional windows having negligible visual and amenity impacts beyond the existing arrangement and the wider character of the conservation area is to be preserved in line with S18 of The Act and Strategic Policies 1, 2, 3, 4, 5 and 10, General Policy 2 (b, c, g, h and i) and Environment Policy 35 of the Isle of Man Strategic Plan and with the principles of PPS 1/01 and Planning Circular 1/98

Plans/Drawings/Information; This approval relates to the following information:

• o Existing windows drawing
• o Proposed windows drawing
• o Covering letter 11.09.2023 all date received 12/09/2023
• o Viking glazing proposed window drawing
• o Existing front elevation photo
• o Flood map

• o Peel Conservation Area Map
• o Site Plan
• o Floor Plans all date received 21/07/2023 _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site relates to five front elevation windows belonging to Bayr Ny Loghan, Lake Lane, The existing windows are all non-traditional top opening UPVC casements.

2.0 THE PROPOSAL - 2.1 Proposed is the replacement of the 5 x front elevation windows with 5 x tilt and turn UPVC windows with a central glazing bar. - 2.2 Additional information was requested and provided to clarify the existing windows and sizes.

3.0 PLANNING HISTORY - 3.1 The dwelling was recently approved for additional tourist use under PA 22/00977/C.

4.0 PLANNING POLICY. - 4.1 The site is within an area defined as Mixed Use and within the Conservation Area on the Peel Local Plan 1989. - 4.2 Minded of the current window proposal, S18 of The Act is relevant in being the statutory tests for any development in Conservation Areas, and the most relevant policies of the IOM Strategic Plan 2016 would be:

• o General Policy 2 - general standards towards acceptable development including highway safety
• o Strategic Policies 1, 3, 4, 5 and 10 - needs for access, use of local materials, protect or enhance Registered Buildings and Conservation Areas, make positive contribution and promote integrated transport network encouraging pedestrian movement.
• o Environment Policy 34 and 35 - use of traditional materials, preserve or enhance a conservation area.

4.3 Planning Policy Statement: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man - 4.4 Planning Circular 1/98.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Department's website. This report contains summaries only. - 5.1 Department of Infrastructure Highway Services - No highways Interest (21/07/2023) - 5.2 Peel Town Commissioners - no comments received as of 19/09/2023. - 5.3 No comments received from any neighbours.

6.0 ASSESSMENT - 6.1 The existing windows are not original. The proposed replacements will still not be original. The proposed middle transom is a marginal improvement over the current 70/30 transom position, although the opening method is still not original. The new windows will not positively contribute to the overall character and appearance of the existing property or the wider streetscene, but will be no worse than the existing poor quality windows and so the overall wider character and appearance of the Conservation Area remains preserved.

7.0 CONCLUSION - 7.1 The replacement windows are no worse than the existing non-traditional windows and the wider Conservation Area is to be preserved. The application is considered to be acceptable in respect of S18 of The Act and to have negligible visual and amenity impacts beyond the existing windows preserving the character of the conservation area and not resulting in any public amenity harm in line with Strategic Policies 1, 2, 3, 4, 5 and 10, General Policy 2 (b, c, g, h and i) and Environment Policy 35 of the Isle of Man Strategic Plan and with the principles of PPS 1/01 and Planning Circular 1/98.

8.0 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.

Decision Made : Permitted Date: 27.09.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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