Planning Officer Report Recommendation

Officer's Report

Application No.:	12/00867/GB
Applicant:	Mr Oliver Byrne
Proposal:	Installation of a replacement window (In association with 12/00868/CON)
Site Address:	Dunluce Ballure Road Ramsey Isle Of Man IM8 1NL
Case Officer:	Mr Jamie Leadbeater
Photo Taken:
Site Visit:	03.07.2012
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site is the curtilage of a large Neo-Gothic detached dwelling of Ballure Road in Ramsey. The dwelling on the site is a Registered building but does not fall within a Conservation Area. The application property is finished in smooth render and stonework with a series of adjoining pitched slate roofs. The greater proportion of the existing windows are not the originals and are constructed from uPVC casements and frames. The perimeter of the site boundary is defined by approximately a 2 metre high rendered wall and a access gate that borders Ballure Road.

The Proposal

1. Proposed is the installation of a replacement window in rear annex. The replacement window will be like-for-like in terms of its glazing bar pattern and opening-method, however the frames will be constructed from uPVC as opposed to timber - which is the material used in the construction of the existing window.

Planning History

1. The application site has been the subject of the following previous planning applications that are considered to be specifically material to the assessment of this current planning application:

09/00996/GB - Erection of a replacement conservatory – Approved.

09/00997/CON - Registered Building Consent for the erection of a replacement conservatory – Approved.

Planning Policy

1. The application site falls within an area designated for Predominantly Residential use in the Ramsey Local (South) Plan 1998. There are no policies within Planning Circular 2/99, the written statement that accompanies the local plan, which are considered specifically material to the assessment of the planning application. Since the adoption

of the Ramsey Local Plan, the application property was later given Registered Building status in 2002.

1. The Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application. 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:

• (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".

Environment Policy 32 states:

"Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted".

1. Planning Circular 1/98 'The alteration and replacement of windows' includes one policy that is relevant to Registered Buildings which states:

"If the original windows are still in place they should preferably be repaired. If repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will strictly be applied other than where the particular circumstances are so exceptional as to justify a relaxation".

REPRESENTATIONS

1. Ramsey Town Commissioners have no objection to the proposal.

CONSERVATION OFFICER'S REPORT

1. As the property is a Registered Building (RB 215), the content of this application has been considered with particular regard to RB/3: GENERAL CRITERIA APPLIED IN CONSIDERING REGISTERED BUILDING APPLICATIONS and POLICY RB/5 ALTERATIONS AND EXTENSIONS and as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man. Environment Policy 32 of the Isle of Man Strategic Plan (20th June 2007) and Planning Circular 1/98 The Alteration and replacement of windows, specifically Category a) REGISTERED BUILDINGS is also relevant to determining this application.
2. Environment Policy 32 states: "Extensions of alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

"Planning Policy Statement 1/01 RB/3: General Criteria Applied in Considering Registered Building Applications. The issues that are generally relevant to the consideration of all registered building applications are:

• The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
• The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
• The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).

"RB/5: Alterations and Extensions"

In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered Building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

Planning Circular 1/98 The Alteration and replacement of windows, Category a) REGISTERED BUILDINGS states:

> "If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify a relaxation."

1. As the window in question is clearly modern, occurs in a modern annexe to the original dwelling and is not clearly visible, these proposals, which seek to maintain the format of window and window opening, are acceptable. This application is therefore recommended for approval.

Assessment

1. The existing window is not the original window and the proposed replacement seeks to replace the window using the same glazing bar pattern and side-hung outward-opening method. Although the proposed uPVC material will be different to the existing

timber frames, the greater majority of windows in the property are constructed from uPVC frames and therefore it is not considered this proposal would be out of keeping or detrimental to the character of the dwelling. Furthermore, the window is not readily visible from public thoroughfare due to the orientation of the property in relation to Ballure Road and the boundary walls, therefore placing less significance on a window that is located in a part of the building that is not part of its original form.

1. Overall, taking into account the Conservation Officer's judgement, it is not considered that the proposal would adversely affect the character of the Registered Building, neighbouring properties or public amenity. As such, the proposal complies with the relevant provisions in General Policy 2 and Environment Policy 32 in the Isle of Man Strategic Plan 2007. As the window is located in a property predominantly containing uPVC framed windows, then this proposal is considered to be an exception in relation to the provisions set out in the policy for Category a) buildings in Planning Circular 1/98.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

The local authority, Ramsey Town Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 26.07.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the installation of a uPVC replacement window in rear annex, as shown in the 1:2500 scale Location Plan and Proposed/Existing elevation drawing, both received on 15th June 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 13/8/12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager