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20/00536/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00536/B Applicant : Great Laxey Mine Railway Proposal : Installation of replacement windows to Southern elevation Site Address : Goods Shed MER Station Captains Hill Laxey Isle Of Man IM4 7AY
Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.08.2020 __
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.
C 2. The new windows must match those to be replaced in every respect.
Reason: to ensure that the historic interest of the building is maintained.
This application has been recommended for approval for the following reason. The replacement of the windows with like for like replacements and the painting of the faded paintwork will enhance the overall conservation area and as such complies with General Policy 2, Environment Policy 35 and Planning Circular 1/98
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 21st May 2020: o MER Laxey Good Shed - Site Plan o MER Laxey Good Shed - Location Plan o Drawing No. 1 CQ May 2020 __
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Interested Person Status - Additional Persons
It is recommended that the following organisation should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The Isle of Man Victorian Society as they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is the Manx Electric Railway Goods Shed which is situated to the west of Captains Hill and the east of New Road in the centre of Laxey Village.
1.2 The Goods Shed itself is situated just outside the main transport hub of the Manx Electric Railway and within a public vantage point of both New Road and Captains Hill. To the east and south of the shed there is a car park which is used for the Manx Tavern.
1.3 To the east of the shed there is a covered porch which can be seen from Captains Hill.
THE PROPOSAL
2.1 The current planning application seeks approval to replace the existing four hardwood, painted white windows in the west elevation like for like (four over three glass panelled windows) and to paint the Goods Shed in the historic colour of bottle green.
2.2 Whilst no other works have been proposed the covering letter does state that whilst they do not propose to replace any of the existing corrugated panels, some patch repair work might be needed.
PLANNING HISTORY
3.1 There are several applications on the main Manx Electric Railway site as a whole which the most recent in connection with the goods shed is PA18/00483/B which was for the "Reduction in height of existing boundary wall" which was approved.
PLANNING POLICY
4.1 The site lies within an area zoned as Land for Railway Purposes and Public Transport on the Laxey and Lonan Local Plan 2005, Laxey Map. The Laxey and Lonan Local Plan 2005 has three policies which is relevant to this assessment L/TRT/PR/5, L/TRT/R/2 and L/CRB/PR/4.
4.2 Policy L/TRT/PR/5 of the Laxey and Lonan Plan 2005 states, "No development will be permitted where this would have an adverse impact on the appearance, character, setting or amenity of any railway building, facility or along the track where any view from the Manx Electric, Groudle or Snaefell Mountain Railways would be adversely affected."
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4.3 Policy L/TRT/R/2 of the Laxey and Lonan Plan 2005 states, "Encouragement will be given to the Department of Tourism and Leisure in its efforts to improve and engage the Manx Electric and Snaefell Mountain Railways in terms of the route or buildings associated therewith. This will include the development of the system to include faster transportation in peak times but where the integrity and character of the historic forms of transport and the lines and their associated buildings and structures are not compromised.
4.4 Policy L/CRB/PR/4 of the Laxey and Lonan Plan 2005 states, "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications with the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
4.5 Of specific relevance to the assessment of this application is General Policy 2 of the Isle of Man Strategic Plan 2016 General Policy 2 states "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:
(a) is in accordance with the design brief in the Area Plan where there is such a brief; (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;
4.6 The application site is also within a Conservation Area and as such Environment Policy 35 is a crucial policy: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." This echoes the provision of Planning Policy Statement 1/01, policy CA/2, which states: "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.
Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."
4.7 Also of relevance is Planning Circular 1/98: The Alteration and Replacement of Windows which states; Category b) Buildings in a Conservation Area "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.
REPRESENTATIONS
5.1 Highway Services have No Highways Interest in this application (18.06.20).
5.2 No comments have been received from Garff Commissioners at the time of writing this report.
5.3 Comments have been received by the Isle of Man Victorian Society which states, "We have viewed this application and give it our full support. We trust, given that the dimensions, section and glazing bars are to be identical to the present windows that every step is taken to carefully remove the existing eclectic glazing and reuse it in the new window frames."
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ASSESSMENT
6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the impact of the proposed development on the character of the Manx Electric Railway and (ii) whether the windows preserve or enhance the character or appearance of the Laxey Conservation Area.
6.2 The Department has received several applications from the Great Laxey Mine Railway for works to upgrade or revitalise the current structures in connection with the railway, with this application being put in to upgrade the current windows and to paint the structure in the historic colour bottle green.
6.3 Both the windows being a direct like for like replacement and the painting refreshing the current faded paint will revitalise the current area and the conservation area, especially due to the Goods Shed being seen from both Captains Hill and New Road.
CONCLUSION
7.1 For the above reasons the proposal is considered to comply with the policies with part 4.0 of this application and therefore acceptable.
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.
Decision Made : Permitted
Date: 04.08.2020
Determining officer Signed : S CORLETT Sarah Corlett
Principal Planner
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