Officer Report

Application No.: 16/00541/B Applicant: MBT Holdings Ltd Proposal: Installation of replacement windows Site Address: Flat 1A Market Hill Ramsey Isle of Man IM8 1JT Case Officer : Mr Jason Singleton Expected Decision Level: Officer Delegation

Officer’s Report APPLICATION SITE

1.1 The application site is the curtilage of no.1 Market Hill, located to the north of Market Hill. The property is currently mixed use in that the ground floor is retail or a travel shop and the first and second floor are residential. - 1.2 The building is located on the corner of Market Place and Market Hill. It is a three storey Victorian property with a projecting plinth above the ground floor and the front elevation features decorative mouldings above the first floor windows. The retail shop on the ground floor has a timber shop front which appears relatively new. - 1.3 Within the street scene the property and its neighbouring property to the east are effectively read as one 3 storey unit. The remaining properties to the west are two storeys as they meet the road junction of Bourne Place. - 1.4 Looking around the street scene, there is a strong presence of sliding sash windows. Opposite is No.1 Market Hill which has recently been rebuilt and features Upvc sliding sash windows with horns on the lower sash. THE PROPOSAL

2.1 Proposed is the replacement of 4 windows on the front elevation. The works would see the existing timber framed sliding sash windows replaced with white Upvc double glazed casement windows with decorative sash horns and external Georgian glazing bars. The applicant considers that this will give the look of existing, but the practicality of a modern window. They have been informed by the window supplier that due to the windy position the casement window is best, rather than sliding sash. - 2.2 The windows on the first floor would both measure; 2060mm long by 1035mm wide and on the second floor 1730mm long by 970 mm wide. PLANNING HISTORY

3.1 12/00202/C - 1A Market Hill - Change of use of existing coffee shop to retail. 10/00273/C - 1A Market Hill - Additional use of apartment as tourist accommodation 08/00468/B - 1A Market Hill - Conversion of first floor to a coffee shop 05/00850/C - 1A Market Hill - Change of use of retail unit to tea and coffee shop with cold

snacks.

3.2 The neighbouring property No.2 sought to replace their timber sliding sash windows with UPVC casement frames under PA 10/00453/B which went to appeal where the inspector and Minister agreed with the planning officer and committee and the application was refused. DEVELOPMENT PLAN POLICIES

4.1 In terms of local plan policy, the application site has been zoned under the Ramsey Local Plan as being within an area of "Mixed Use" use; the site is within Ramsey's Conservation Area. - 4.2 The Isle of Man Strategic Plan 2007 contains three policies which 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: (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;
• (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;

4.3 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." - 4.4 In terms of 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"

Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the original method of opening, whatever the material used in the construction."

REPRESENTATIONS

5.1 Ramsey Commissioners have no objection but request the new windows should reflect the same overall design as the existing (24/06/16). - 5.2 Highways Services have no objection (16/06/16). 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 Flat 1A itself, and (ii) whether the windows preserve or enhance the character or appearance of the Ramsey Conservation Area. It is pertinent to consider this application against Environment Policy 35 and Planning Circular 1/98. - 6.2 The existing windows are timber framed sliding sash with horns on the lower sash. This application proposes to replace the existing sash windows with white Upvc top hung casement windows with decorative horns on the lower sash and Georgian glazing bars. The casement style of these windows is particularly noticeable when they are opened because they are hinged at the top. The proposed top-hung windows would be of a different style to the existing sash windows and

• would be considered out of character with the age of the building. Most of the older buildings in the vicinity have retained sash style windows.
• 6.3 From the site visit to that area, it showed that there is a strong presence of sash windows, admittedly in Upvc with decorative horns on the lower sash. When viewing the character of the area further deviations could threaten to dilute the uniformity of the windows and would also undermine the Planning Authority's efforts to retain the original style windows in the conservation area. The end result would be a gradual but unacceptable diminution of the conservations area's uniform character.
• 6.4 The preferred option in this instance would be to replace the existing with Upvc sliding sash to accord with Environment Policy 35. UPVC sliding sash style of windows with horns on the lower sash would be acceptable for this location as they would use the same method of opening as the existing, and would be seen to preserve the property's appearance, which would be in keeping with the traditional type of window opening in its appearance.
• 6.5 For the above reasons, the proposed UPVC casement windows would not be in keeping with the conservation area and would not seek to preserve or enhance the appearance of the property in accordance with Environment Policy 35 of the Isle of Man strategic Plan. The style and design of the windows and the proposed top hung windows would harm the character and appearance of the property, equally, it is considered detrimental to the street scene and to that part of the Ramsey Conservation area. RECOMMENDATION

7.1 As the method of opening of the proposed windows would not replicate the method of opening of the original windows, the proposal fails to accord with the provisions of Planning Circular 1/98 - The Alteration and Replacement of Windows. Furthermore, the proposed windows do not either preserve or enhance the character and appearance of the existing building or the Conservation Area in general, as such the proposal fails to accord with the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007. INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

Recommendation Recommended Decision: Refused

Date of Recommendation: 28.06.2016

R 1. As the method of opening of the proposed windows would not replicate the method of opening of the original windows, the proposal fails to accord with the provisions of Planning Circular 1/98 The Alteration and Replacement of Windows. Furthermore, the proposed windows do not either preserve or enhance the character and appearance of the existing building or the Conservation Area in general, as such the proposal fails to accord with the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Refused Date: 29.06.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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