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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 17/00609/B Applicant : Jill Colette Meder Proposal : Replacement of existing windows with UPVC sliding sash units, and replacement of existing front door with composite door Site Address : 23 Bridge Street Peel Isle Of Man IM5 1NQ

Case Officer : Miss S E Corlett Photo Taken : 21.06.2017 Site Visit : 21.06.2017 Expected Decision Level : Officer Delegation

Officer’s Report

THE SITE 1.1 The site is the residential curtilage of an existing terraced house situated on the western side of Bridge Street in Peel. The property is a typical Manx cottage, similar to its neighbours that form the characteristic street layout of the town, with the properties fronting straight onto the street and with limited rear gardens/yards. Some properties in Bridge Street have exposed Peel sandstone frontages and others, like the application property, are rendered but with a texture revealing the stonework beneath. Some of the other properties have a smooth render finish and others have pebbledash which is a much more modern application.

1.2 The application property, like many of its neighbours, has sliding sash windows, possibly the originals. The frames are painted black and the sash frames are painted white with a central vertical bar. The front door is a solid timber one with four panels with their frames picked out in a different colour.

1.3 The properties on each side have dark brown framed windows with external, vertical glazing bars within a rendered frontage which is currently painted blue (number 25) and has dark red coloured sliding sash windows without glazing bars. The property alongside this, number 19 has Georgian pane sliding sashes with the frames coloured yellow within a green frame. On the other side of the street there are pairs of adjoining sliding sash windows without glazing bars, horizontally proportioned windows. On Duke Street there are a similar mix of Georgian pane sliding sash, top hung casement openers and on the Promenade to the north of the site are again, a mix of sliding sashes, some with and some without glazing bars and some top hung casements and even a bow window.

THE PROPOSAL 2.1 Proposed is the replacement of these windows with uPVC sliding sashes which will be finished in an Irish Oak colour. The proposed windows do not appear to include the existing vertical bar. Also proposed is the replacement of the front door with a composite door in red with an upper light and black handle and letterbox.

PLANNING POLICY 3.1 The site lies within Peel's Conservation and in an area designated as Mixed Use which represents the range of uses in the historic town centre.

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3.2 The Strategic Plan contains one policy which guides development within Conservation Areas, which echoes the provisions of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man:

Environment Policy 35: 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.

3.3 Planning Circular 1/98 provides specific guidance on the replacement of windows as follows:

Buildings in Conservation Areas 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 originals, but not necessarily the original method of opening, whatever the material used in the construction.

PLANNING HISTORY 4.1 Various applications have been submitted for this property, including ones for the installation of replacement timber and uPVC windows, all approved but do not appear to have been implemented. Number 25 was the subject of an application in 2001 which was approved for the replacement of the windows, including the glazing bars and where a condition was imposed to require the timber frames to be painted and not stained. A later application, 09/02122/B approved the replacement of the building as it is today with no such conditions about the windows which retain their wooden finish but with a vertical glazing bar and in sliding sash form. The windows in number 21 were approved to be replaced by sliding sashes without vertical glazing bars (03/01838/B): the windows existing at that time had no vertical glazing bars.

REPRESENTATIONS 5.1 Peel Town Commissioners have no objection (19.06.17).

5.2 Highway Services indicate that they have no interest in the application (27.06.17).

5.3 The owners of number 21, Bridge Street which abuts the site to the south, object to the application, suggesting that the site notice was not displayed until 24th June and is satisfied that it was not there a few days before (the site visit photographs on 21st June show the site notice clearly displayed in the front window). They is also concerned about the implications on the Conservation Area and the previous decisions in respect of numbers 19, 21 and 23, all of which have been repaired and replaced with timber framed sliding sashes and where uPVC frames were not considered acceptable and in the case of number 23 the replacement windows were supported by a grant only 15 years go. They consider that the implications for the Conservation Area are that the attractiveness of living in a Conservation Area will diminish leading to a drop in population and property values. They note the lack of a Conservation Area appraisal and the apparent lack of concern about the conservation value of such areas and European conventions on heritage and conservation (03.07.17).

5.4 The previous owners of 23, Bridge Street who now live at 25, Bridge Street, have written in corrrecting assertions made by the owners of 21, Bridge Street, stating that they do not live there but at 10, Mourne View and the Bridge Street property is unoccupied for most of the year and that there were no conditions attached to the replacement of the windows at number 23 and the windows which were installed were not at the insistence of the Conservation Officer but the choice

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of the then owners and they were never advised that uPVC would be unacceptable. They suggest that leaving number 23 unoccupied is adding to the de-population of the town, which is one of the objectors' concerns and that people who have chosen to live in Bridge Street are generally improving their properties. They are also members of Peel Heritage Trust and consider the objectors' comments in respect of the Trust are misleading. They ask that if any discussions are held regarding previous planning applications, that they are included, to provide the facts of the matter (11.07.17).

ASSESSMENT 6.1 The issue in this case is whether the replacement windows which do not replicate the glazing bar or the coloured nature of the frames, preserve or enhance the character of the Conservation Area. How this is interpreted can vary, for example in the case of 2, Derby Road where the existing windows were uPVC sliding sash and the applicant proposed their replacement with casements. This was refused by the Department but the inspector, Minister and Commissioners all considered that the consistency of having casements next to the casements which exist in the property next door, was more important than retaining the original and historically appropriate form of opening (16/00816/B).

6.2 Taking a purist interpretation of the policy and historical accuracy, the replacement windows should match the existing in terms of a painted frame finish and with the vertical glazing bar. However, for many, the over-riding importance of the window style lies in its opening fashion, which is correct as approved and the use of a timber finish would not be offensive. Whilst the loss of the glazing bar is unfortunate, the windows in the property alongside have none and it would be difficult to make the case of which properties had and should have which style of glazing bar other than for the reason that this is what they currently, and possibly originally, had.

6.3 The Conservation Officer has considered the application and has advised that the character of the area is much attributed to the variety of colour in the streetscene, from the window frames, different material finishes and textures of external walling and that this would not be adversely or significantly changed by what is now proposed.

6.4 Whilst the neighbours at number 21 note the history of the windows in the area, they do not include in any characterisation of this, the unfortunately modern windows across the road and other decisions taken in the Conservation Area, such as that referred to in paragraph 6.1. It is important within Conservation Areas, that a consistent approach is taken in the interpretation of policy and if concern is to be raised with what are perceived to be inappropriate windows, then this concern must be raised elsewhere when such windows are proposed. No such concerns were raised when plastic framed casements were proposed to replace plastic framed sliding sashes in 2, Derby Road and in the current case, sliding sashes are proposed which replicate the original form of opening which is what is recommended by the Planning Circular which specifically states "whatever the material used in their construction".

6.5 For all of the reasons above, it is considered that the application should be approved. Whilst the support of the local population for the correct form of glazing is welcomed, it also needs to include an assessment of the overall character of the area and how what is proposed fits in to this and on that basis, the application is considered to be acceptable in its present form and is consistent with other decisions to approve plastic framed sliding sashes.

INTERESTED PERSON STATUS 7.1 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

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(d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

The owners of 21 and 25, Bridge Street, Peel

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: 14.07.2017

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This decision relates to the plans and window and door information and illustrations all received on 2nd June, 2017.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 21.07.2017 Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.