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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/00518/B Applicant : Mr Johnny & Mrs Loni Evans Proposal : Alterations and installation of replacement windows and creation of Juliette balcony Site Address : The Herring Houses Fort Island Road Derbyhaven Isle Of Man IM9 1TZ

Principal Planner: Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 01.07.2020 __

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 proposed windows would be sympathetic to the character of the building in which they would be inserted as well as that of the surrounding area in general and in accordance with the guidance on replacement windows set out in Planning Circular 1/98, General Policy 2b, c and g of the Strategic Plan and the Residential Design Guidance July 2019

Plans/Drawings/Information; This decision relates to drawings P-01, EX-01, L-01, L-02 all received on 20th May, 2020. __

Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The site is the curtilage of a dwelling - The Herring House which sits on the western side of Fort Island Road in the group of dwellings which sit to the south of Derbyhaven Road to the

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north. The highway is narrow with most dwellings sitting right onto the highway. The site also includes open land across the road.

1.2 The dwelling is formed from the conversion of an older, stone building which has a number of relatively small, square window openings on the roadside but which has more recently been extended in a very modern way at the rear. The frontage is in two distinct parts: the northern part has thin framed windows which are two fixed lights beside each other. The southern part has windows which are recessed more deeply in the apertures, have thicker frames and two of the windows are curved bays.

THE PROPOSAL 2.1 Proposed is the replacement of all of the windows in the southern section. Most of the windows will be replaced like for like in frames made of powder coated aluminium or steel in grey. The two bay windows are to be replaced with flat windows and one first floor square window is to be replaced with a long double patio door arrangement with a Juliet-style balcony flush with the front of the building (ie not projecting out over the carriageway).

PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South as Residential. Derbyhaven is one of 6 settlements identified in the Area Plan "Groups of Houses in the Countryside Survey 2009 , describing it as "a group of dwellings clustered around the junction where the Castletown Road meets the Fort Island Road. It is a compact group, having a well- defined boundary with the Airport and the Golf Course. There are no public buildings, but there is a sense of place arising from its geographical position facing the largely natural harbour and the pleasant public foreshore. The group is clearly not sustainable , there is little or no scope for infilling, and the extension of the group into Airport or Golf Course land would be undesirable. Derbyhaven is not far enough from Castletown for there to be a valid argument for local housing need. Additional dwellings are not therefore proposed."

3.2 As such, the following parts of the Strategic Plan are relevant:

General Policy 2: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality"

and

Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.

3.2 The Department has recently published the Residential Design Guidance (March 2019 revised in July of the same year to include illustrations) which provides advice on the design of new houses, alterations and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. This includes advice on windows as follows:

"5.2 WINDOWS AND DOORS 5.2.1 The majority of traditional properties (i.e. Manx farmhouses & Victorian terraces etc.) on the Isle of Man have vertically proportioned windows. A general exception to this is more modern properties (i.e. 1960/70s) which have more horizontally proportioned windows (i.e. picture windows).

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5.2.2 The proportions and style of proposed windows should be identified and included within the design process. For new dwellings, windows should be sympathetic to those in neighbouring properties. For extensions, windows should be sympathetic to, and reflect the style of openings in, the original part of the building.

5.2.3 In either case this can be achieved by:

o reflecting the same ratio between solid wall and window. o Reflecting the existing proportions (the correct proportions can be established by completing a scale drawing of the original opening, establishing the angle of a diagonal across the window and applying this angle when designing windows of differing sizes) o positioning windows to match the original symmetry and pattern of the existing building; and o where existing windows are set back, new windows should also be set back to the same depth as the existing ones.

5.2.4 The introduction of large windows can maximise natural light, but need to be designed and positioned to sit comfortably with neighbouring buildings/the existing part of the building. Larger sections of glazing are more likely to be supported where they are part of a well- designed contemporary scheme."

3.3 Finally, Planning Circular 1/98 provides advice on the replacement of windows and doors. The advice splits into two and addresses rural buildings and those in all other settings. Whilst the site is designated for development on the Area Plan, it is also with the settlement of Derbyhaven which is one of a number of settlements in the countryside in this document and a recent planning appeal decision for Skeddan Veg pronounced that the properties in the settlement should be considered as being in the countryside:

"Principle of development 48 The appeal site is in an area zoned for residential use in the Area Plan for the South. The principle of erecting a replacement for the existing dwelling on this site is clearly acceptable. However, in Appendix 4 of the Area Plan, Derbyhaven is defined as a 'group of houses in the countryside'. To my mind, this indicates that Skeddan Veg must be regarded as being in the countryside - the definition cannot reasonably be construed in any other way. In view of this, I do not understand why the Planning Authority considers Housing Policy 14 of the Strategic Plan to be irrelevant to the present case. That policy comes within a section of the Strategic Plan which is headed 'Replacement Dwellings in the Countryside'." (17/01312/B)

3.4 As such, both parts of the Circular which apply to pre-1921 buildings which are not within a Conservation Area or Registered, are set out below for completeness:

"Buildings in a rural setting In an individual building or group of buildings, whose principal elevations are readily visible from a public thoroughfare, if the original windows are in place, it may be possible to repair and renovate them. This can take place without permission, and will be encouraged by the Department. If repair is impracticable or the existing windows are not the originals, the preference will be for replacement windows on the said principal elevations, to have the same method of opening as the originals. Whatever the material used in their construction, the windows must have the same or similar pattern and section of glazing bars and the same or similar frame sections as the original windows.

Reason for Policy: the Island is fortunate in that is still retains a considerable number of unspoilt traditional vernacular buildings which epitomise the quality of the rural landscape. These buildings may not be worthy of Registration, and may not be located in Conservation Areas, but they do make a most important contribution to the traditional character of the rural

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landscape., Where these buildings remain substantially unaltered, the aim is to encourage their enhancement whilst preserving the original vernacular styles."

For pre-1921 buildings not in a rural setting, the following is set out:

"Replacement windows should preferably be the same or as similar to the originals in the pattern on the glazing bars. However, provided that the glazing pattern is retained, a more relaxed approach will be taken to the replacement of windows in such properties.

Reasons for Policy: many buildings fall within this category and although there is little in the way of restriction, the aim is to encourage simulation of the original glazing pattern and this will apply particularly to buildings which are part of a larger group, such as a terrace where replacement windows, if carefully designed, may serve the enhance the overall appearance of the group."

PLANNING HISTORY 4.1 The most relevant previous application was a recent application for the replacement of the windows where larger openings were proposed which were not considered to be sympathetic to the character of the building and that application, 19/00844/ was refused.

REPRESENTATIONS 5.1 Department of Infrastructure Highway Services indicate that there is no highway interest in the application (09.06.20).

ASSESSMENT 6.1 Unlike the previous application, the proposed windows will preserve the majority of the window styles and the bays will be replaced with something more sympathetic. The introduction of the patio doors and Juliet balcony are a change to the building but the size and shape of the opening has an industrial feel which is appropriate to this building and indeed reflects a similar window on the other part of the building to the north.

CONCLUSION 7.1 The proposed windows would be sympathetic to the character of the building in which they would be inserted as well as that of the surrounding area in general and in accordance with the guidance on replacement windows set out in Planning Circular 1/98, General Policy 2b, c and g of the Strategic Plan and the Residential Design Guidance 2020.

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

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o whether there are other persons to those listed in Article 4(2) who should be given Interested Person Status.

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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.

Decision Made : Permitted Date : 22.07.2020

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.