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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 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.07.2020 _________________________________________________________________
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.
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. _______________________________________________________________
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
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 welldefined 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:
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
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
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."
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:
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
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