DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01056/B Applicant: Ms Maureen Vannan Proposal: Remove existing timber windows, install new white PVC windows into existing apertures Site Address: Cronk-Na-Quill Old Laxey Hill Laxey Isle Of Man IM4 7DA Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.12.2023

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 casement windows must have externally applied glazing bars in size and pattern similar to the existing windows. Reason: In the interests of the character of the Conservation Area.

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

The proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, Strategic Policy 4 and Environment Policy 35 of the IOM Strategic Plan 2016, and Policy CA/2 of Planning Policy Statement 1/01 as the conservation area is being preserved and protected. It is also judged that the proposals meet General Policy 2 of the IOM Strategic Plan 2016 as they do not affect adversely the character of the surrounding townscape.

Plans/Drawings/Information;

This decision relates to the information received on 4 September 2023, and amended elevation drawing received 30 November 2023.

______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Cronk-Na-Quill, Old Laxey Hill, Laxey, which is part of a pair of semi-detached dwellings, located to the western side of the Old Laxey Hill. The dwelling has casement windows on its side and rear elevations which are completely screened by the existing vegetation on the site boundary and neighbouring dwellings.

2.0 THE PROPOSAL - 2.1 The application proposes to remove existing timber windows, install new white PVC windows into existing apertures. One of the existing timber windows at the rear elevation would be replaced with a new UPVC casement window, while the ground floor window to the site would be replaced with a new UPVC windows. Both windows have been clearly depicted in the submitted photos. - 2.2 The applicants had initially proposed to alter the appearance of the glazing bars on the proposed windows (as detailed in section 22 of the Application form). However, this element of the scheme has been changed with the new windows retaining the pattern of glazing bars as the existing windows, following discussions with the Planning Officer.

- 3.0 PLANNING POLICY

3.1 The site lies within an area designated on the Area Plan for the East 2020 as predominantly residential, and within the Laxey Conservation Area. The site is not in an area at risk of flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999

• 3.2.1 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.

3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

• i. Environment Policy 35 - Seeks to preserve or enhance the character or appearance of Conservation Areas.
• ii. General Policy 2 - General Development Considerations
• iii. Strategic Policy 4 - Seeks to Protect or enhance the fabric and setting of Conservation Areas (etc.).
• iv. Environment Policy 42 and Strategic Policy 3 - character and need to adhere to local distinctiveness.
• v. Environment Policy 34 - Preference for the use of traditional materials in the maintenance, alteration or extension of pre-1920 buildings.

3.4 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN

3.4.1 POLICY CA/2 - Special Planning Considerations

3.5 Planning Circular: 1/98 THE ALTERATION AND REPLACEMENT OF WINDOWS

• 3.5.1 Category b) BUILDINGS IN CONSERVATION AREAS Policy 6:

"If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows.

Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."

- 4.0 PLANNING HISTORY

4.1 The site has been the subject of two previous planning applications which are not considered to be materially relevant in the assessment and determination of the current application. The most relevant planning history on the site in terms of the current proposals are the following applications. They relate to the installation of LGP tank (90/01755/B), as well as the erection of a greenhouse and installation of vehicular and pedestrian entrance gates (05/00973/B). - 5.0 REPRESENTATIONS Copies of representations received can be viewed on the Department's website. This report contains summaries only.

5.1 The Department of Infrastructure Highways Division - No comments.

5.2 Garff Commissioners - No objections. - 5.3 No comments have been received from neighbours.

- 6.0 ASSESSMENT

6.1 The principal issues to consider in the assessment of the current application is:

• i. The potential impact on the special character of the conservation area and surrounding neighbourhood (GP 2, EP 35, & STP 4, & PPS 1/01); and
• ii. Acceptability of UPVC as a replacement material (EP42 & PC 1/98).

6.2 Character and Appearance

• 6.2.1 The existing windows at the property are timber casement units, although the historically appropriate window style would have been sliding sash timber framed units, which means that the existing windows have been installed at a previous time. Notwithstanding the above, Planning Circular 1/98 is clear that windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction. As such, it is not important in this case that the windows should be sliding sash windows provided the new windows have similar patterns of glazing bars as originals.
• 6.2.2 With the above given due consideration, it is considered that there would be no adverse impact on the character of the site and Conservation Area, given that the proposed windows would have similar appearance as the existing (in terms of pattern of glazing bars).
• 6.2.3 It is also important to reiterate that the application proposes to change one rear ground floor window and a ground floor window to the side elevation, both of which are casement windows and replace them with new casement windows, and these windows are not readily visible from outside of the property's curtilage. Thus, it is considered that this proposal would have no impact on the special character of the Conservation Area or the character of the surrounding townscape.

6.3 Materials

• 6.3.1 It has been noted that Environment Policy 34 places emphasis on the use of traditional materials in the maintenance, alteration or extension of pre-1920 buildings. However, Planning Circular 1/98 allows a degree of flexibility in the material used for replacement windows. In the case of the current application, the replacement windows would be UPVC windows but have similar appearance as the existing timber casement windows, thus the scheme is considered to result in a positive impact on the overall character and appearance of the property.
• 6.3.2 Whilst the proposed use of materials for the feature changes would be at variance with EP 34, it is not considered of over-riding concern in this case given the level of acceptability for UPVC in Planning Circular 1/98. Therefore, it is considered that the replacement windows would preserve the special character of the site, Conservation Area and the character of the surrounding townscape.

- 7.0 CONCLUSION

7.1 Overall, it is judged that the application meets the tests of section 18 of the Town and Country Planning Act 1999, Strategic Policy 4 and Environment Policy 35 within the IOM Strategic Plan 2016 as the character of the conservation area is being preserved. The proposals are also judged to comply with General Policy 2 as they do not affect adversely the character of the locality or surrounding townscape. It is therefore recommended that the application be approved. - 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 the Head of Development Management 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 : 01.12.2023 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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