Officer Report 11/01691/B

Planning Report And Recommendations {{table:15241}}

Officer's Report

THIS PLANNING APPLICATION IS BEING CONSIDERED BY THE PLANNING COMMITTEE DUE TO THE APPLICANT BEING A CLOSE RELATIVE OF AN EMPLOYEE OF THE DIVISION.

The Application Site

1. The application site comprises the residential curtilage of 'Marina Cottage' a three storey detached dwelling on the corner of Shore Road and Duke Street at the end of Beach Street facing the seafront in Peel.
2. Originally, the property was two separate dwellings until the early 1980's when they were combined to a single dwelling.

The Proposal

1. The proposal comprises the installation of replacement windows to the front elevation.

Planning History

1. The application site has not been the subject of any previous planning applications.

Planning Policy

1. In terms of local plan policy, the application site is within an area recognised as being mixed use under the Peel Local Plan 1989 (Planning Circular 6/89) within Peels Conservation Area. There are no policies with Planning Circular 6/89, the written statement that accompanies the local plan, considered specifically material to the assessment of this current planning application.
2. In terms of strategic plan policy, 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:

• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;

• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

Environmental Policy 35 states:

"Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

1. Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. Part 6 Category b) Buildings in Conservation Areas states:

"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

1. At the time of writing there have been no written representations made regarding the planning application.

ASSESSMENT

1. The planning application seeks planning approval to remove corroded and defective aluminium frame sliding sash windows and replace them with uPVC, side hung sash windows to match the existing three side-hung uPVC windows installed on the third storey of the front of the dwelling. It is believed that the third floor side hung windows were installed onto the property nine years ago with the extension added when the two dwellings were combined. The window on the third floor directly above the front door of the dwelling is a sliding sash.
2. The main issue to consider in the assessment of this planning application is the impact of the proposal on the character and appearance of the Conservation Area. Marina Cottage occupies a prominent position on Shore Road that is readily visible within the overall street scene. The property thereby assumes a key role in the character and important position within the Conservation Area. There are a number of properties in close proximity to Marina cottage that have sliding sash windows including 15, 16,20, 21, 22 and The Raglan building on Shore Road and 5, 6, 8 and 9 in Beach Street. Given the above it is judged that the change from sliding sash windows to side hung casements fails to enhance or preserve the character and appearance of the Conservation Area. A failure to preserve or enhance the character and appearance is contrary to the provisions of Environment Policy 35, which is grounds for refusal of the planning application.
3. Planning Circular 1/98 – The Alteration and Replacement of Windows sets out the policy in respect of the alteration or replacement of windows. Part 6 Category b of this planning circular specifically deals with buildings within Conservation Areas. This states that replacement windows must have the same method of opening as the originals. As the proposed windows do not do this it has to be concluded that the planning application is contrary to the provisions of Planning Circular 1/98. This is grounds for refusal of the planning application.
4. The applicant was given the opportunity to comment on the concerns in respect of Environment Policy 35 and Planning Circular 1/98, with a view to amending the planning application if desired. Specifically,

it was put to the applicant that the window styles ought to replicate the existing sliding sash windows that exist on the dwelling and replace the three side-hung windows on the third floor extension to sliding sash to be in keeping with the dwelling. In response to this the applicant stated that they wished to keep with the original plans for development and cited an approval in Orry Lane where replacement casement windows were allowed within the Conservation Area. However, it is noted as that the windows in Orry Lane replaced existing casements the character and appearance of the Conservation Area was concluded to be preserved. Furthermore, this other property does not occupy a position as prominent as Marina Cottage within the Conservation Area.

Recommendation

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

Party Status

1. The local authority is, Peel Town Commissioners, 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:	Refused
Date of Recommendation:	13.01.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
O : Notes attached to refusals
R 1.
As the method of opening of the proposed windows does not replicate the method of opening of the original windows the proposal fails to accord with provisions of Planning Circular 1/98 - The Alteration and Replacement of Windows. Furthermore, as the proposed windows do not either preserve or enhance the character and appearance of the Conservation Area the proposal fails to accord with the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : Reused Committee Meeting Date : 23/01/2012

Signed : M. Perkins Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO