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Application No.: 16/00861/B Applicant: MBT Holdings Ltd Proposal: Installation of replacement windows Site Address: Flat 1A Market Hill Ramsey Isle Of Man IM8 1JT Case Officer : Miss Abigail Morgan Photo Taken: 05.10.2016 Site Visit: 05.10.2016 Expected Decision Level: Officer Delegation
1.0 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/travel shop and the first and second floors 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 (12/00143/B) 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.
2.0 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 like for like with white Upvc double glazed sliding sash with decorative sash horns and external Georgian glazing bars. - 2.2 The submitted information shows Georgian windows, having discussed this with the applicant this is because the window manufacturers do not have a brochure showing the window pane pattern of the existing windows. The information was submitted to demonstrate manufacture details and cross/meeting rail for the sliding sash. - 2.3 They would be fitted in the existing aperatures.
3.0 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.
4.0 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 2016 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;
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."
5.0 REPRESENTATIONS - 5.1 Ramsey Commissioners have no objection to the proposal. 22.08.16. - 5.2 Highways Services have no highways implications. 18-8-2016.
6.0 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 A previous application for new casement windows was refused earlier this year, 16/00541/B, for the following reason: "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."
6.3 This application seeks to redress that. 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 sliding sash to match the existing, this should mean with decorative horns on the lower sash and glazing bars. - 6.4 From the site visit it was clear that the majority of the surrounding buildings still retain sash windows, although some in Upvc with decorative horns on the lower sash. - 6.5 UPVC sliding sash style of windows with horns on the lower sash are considered 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. - 6.6 For the above reasons, the proposed UPVC sliding sash windows with decorative horns would be in keeping with the conservation area and would preserve the appearance of the property in accordance with Environment Policy 35 of the Isle of Man strategic Plan.
7.0 RECOMMENDATION - 7.1 On the basis of the above the application is recommended for approval.
8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 06.10.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
This approval relates to Location Plan, Photograph and brochure details all date stamp received 25 July 2016.
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 : Permitted Date: 11.10.2016 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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