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16/01355/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01355/B Applicant : Mr Edwin Fryer Proposal : Replacement PVC casement windows and PVC composite door (all rosewood finish) to front elevation. Site Address : 8 Watson's Court Church Lane Peel Isle Of Man IM5 1AW
Case Officer : Miss Lucy Kinrade Photo Taken : 12.01.2017 Site Visit : 12.01.2017 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of 8 Watsons Court, Church Lane Peel, a two storey mid terraced dwelling sited within a row of terrace houses just west of St Peters Church in the centre of Peel. The front elevation of the property has a painted rendered finish with a window and front door at ground floor and two windows above.
1.2 The existing windows are timber framed top opening windows with a central vertical glazing bar and finished in a rosewood colour.
1.3 The existing front door has a timber frame with a 50/50 timber barn style door also rosewood in colour.
1.4 The site lies within the designated Peel Conservation Area.
2.0 THE PROPOSAL 2.1 The current planning application seeks approval for the replacement of the timber front elevation windows with new rosewood UPVC windows with top opening window method to match the existing. No vertical glazing bars are proposed.
2.2 The application also seeks approval for the replacement of the existing timber front door with a UPVC composite door with a solid construction also rosewood in colour.
3.0 PLANNING HISTORY 3.1 The application site has been the subject of one previous planning application in 1987 under PA 87/00216/B for the replacement of the existing flat roof with a pitched roof and installation of roof light, both to rear kitchen outlet. This application was granted full approval.
3.2 PA 17/00016/B for neighbouring property 9 Church Lane has recently been granted full planning approval for the installation of replacement windows and front door. Following the submission of the original drawings discussions were had with the agent to address a positive solution which would replace the proposed casement top opening windows which would neither 'preserve or enhance' the Conservation Area. A suggested solution would be to install UPVC sliding sash windows which would re-instate the original character of the building and dramatically enhance the appearance of the property and the character of Peel Conservation Area.
4.0 PLANNING POLICY
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16/01355/B
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4.1 In terms of local plan policy, the application site is in an area zoned as "Mixed Use" under the Peel Local Plan 1989. As previously mentioned, the application site is within the Peel Conservation Area.
4.2 Given the nature of the proposal the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:
4.3 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; n) is designed having due regard to best practice in reducing energy consumption."
4.4 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."
4.5 In addition to this we can also consider elements of the Isle of Man Planning Circular 1/98: The Alteration and Replacement of Windows which sets out and provides guidance policies in respect of the alteration or replacement of windows.
4.6 Planning Circular 1/98 - 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 There have been no comments submitted for the application.
6.0 ASSESSMENT 6.1 The application seeks approval for the installation and replacement of the front elevation windows and existing front door. The fundamental issues to consider in the assessment of this planning application are the impact of the proposed development on the character and appearance of the existing dwelling, the impact of the proposal on the surrounding area and local environment and whether the proposal would preserve or enhance the Conservation Area in which the property stands in line with Environmental Policy 35 and Planning Circular 1/98.
6.2 The existing timber frame and opening method is unlikely to be original on this property, the character of Church Street and the surrounding Peel Conservation Area is timber frame sliding sash windows with a 50/50 opening method, some with vertical glazing bars and some without, the dominating feature being the sliding sash opening method. Over recent decades a number of
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properties have lost the prominent sliding sash feature and have been subject to replacement casement windows with various opening methods and glazing patterns.
6.3 Where new windows are now proposed they must look to 'preserve' or 'enhance' the Conservation Area and in line with Planning Circular 1/98 in Conservation Areas the new proposed windows "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".
6.4 In the case of this application, the proposal does not replace the windows like for like with what is there now in order to 'preserve' the Conservation Area, and neither does it propose an 'enhancement' to the area by re-introducing the sliding sash opening method. The applicant has been approached to amend the submission to include a vertical glazing bar but declined.
6.5 Whilst the windows are not considered to meet with policy, the proposed replacement door, although would be a great shame to lose the original door its proposed replacement would not detrimentally affect the character of the property in comparison to the windows to warrant a concern or a refusal.
6.6 Nonetheless, it is considered that due to the nature of the replacement windows, that the application does not comply with Environmental Policy 35 of the Isle of Man Strategic Plan 2016 or Planning Circular 1/98, the proposal fails to preserve the appearance of the existing property and the street scene, and does not provide an enhancement to the character of the Peel Conservation Area and is therefore not considered acceptable.
7.0 RECOMMENDATION 7.1 The application is recommended for refusal.
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: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (e) The local authority in whose district the land the subject of the application is situated.
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:
Refused Date of Recommendation: 03.04.2017
R 1. By virtue of the omission of the vertical glazing bar in the replacement windows, the application fails to preserve or enhance the Conservation Area in line with Environment Policy 35 of the Isle of Man Strategic Plan 2016.
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This refusal relates to Page Ref: 1, 2, 3, 4 and 5 all date stamped and received 06/12/2016.
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 : Refused Date: 11.04.2017
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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