Officer Report and Recommendation

Case Officer: Mr Jamie Leadbeater Photo Taken: 01.02.2012 Site Visit: 01.02.2012 Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is the residential curtilage of a detached dwelling on Upper Rencell Hill in Laxey. The property was built after 1920, unlike most of the surrounding residential properties that were built before 1921. The site is located on a raised location and overlooks most of Laxey below it, whilst the front boundary of the site lies next to a public footpath.

1. The property on the site is single storey and has a pitched dark concrete tiled roof. It is predominantly finished in white pebbledash, but also has timber wooden cladding fixed to the middle portion of the front elevation walls. The windows on the front elevation are all white timber-framed with top-hung casements, however the size of the casements does vary for each window. The south-east facing side elevation has a rectangular shaped window with two top-hung outward-opening casements.

The Proposal

1. The proposal consists of the installation of replacement windows. White timber-framed, top-hung, outward-opening casement windows on the front, rear, and south-east facing side elevation are to be replaced with white UPVC framed top-hung, outward-opening casement, double-glazed windows.

1. For greater clarity, and to prevent confusion, the proposal drawings (PD - 003) incorrectly state 'existing elevations' as the title for each elevation drawing, however it is noted that on the same plans it states "Proposed elevations showing new white UPVC double glazed windows" and therefore they have been considered acceptable for assessment purposes.

Planning History

1. Whilst the application site has not been the subject of any relevant previous planning applications, the adjacent property has previously been subject of a planning application considered specifically material to the assessment of this current planning application:

App. No. 98/01773/B – Installation of UPVC windows to replace existing – Refused.

Application No.:	12/00047/B
Applicant:	Mr Stephen Emms
Proposal:	Installation of replacement windows
Site Address:	Rusticana Rencell Laxey Isle Of Man IM4 7BN

Planning Policy

1. The application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Policy L/RES/PR/1 states:

"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."

1. The application site also falls within Laxey Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states:

"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within 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)."

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 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, the policy for 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 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 originals, but not necessarily the original method of opening, whatever the material used in the construction".

Representations

1. Laxey Village Commissioners recommend the application is approved.

Assessment

1. Whilst the property on the site is situated in a conservation area, it is not considered to hold any historical merit and whilst the proposal seeks to alter the glazing bar pattern of the windows, it is not considered to be a special feature of the building and as such is considered acceptable.

1. It is considered that the overall level of development contained within the proposal is relatively modest and in keeping with the character of the dwelling. As such the proposal is not considered to adversely affect public or private amenity, or the character of the conservation area. For these reasons, it is considered the proposal conforms with the essence of policies L/RES/PR/1 and Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005, and Environment Policy 35 of the Isle of Man strategic Plan 2007, and duly outweighs the policy guidance stated in Planning Circular 1/98 for buildings in conservation areas.

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, Laxey Village 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: 17.02.2012

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 replacement white UPVC framed windows shown in drawing no. PD-001 and PD-003, received on 17 January 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 : 22/3/12

Determining officer (delete as appropriate)

Signed : G. M. 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