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19/00419/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00419/B Applicant : Mr Geoffrey & Mrs Linda Mussell Proposal : Installation of replacement windows Site Address : 24 Church Street Peel Isle of Man IM5 1HL
Planning Officer: Mr Paul Visigah Photo Taken : 03.05.2019 Site Visit : 03.05.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.05.2019 __
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.
Plans/Drawings/Information:
This approval relates to the submitted documents and drawings 01121, 01121A, 01121B and 01121C all date stamped and received 5 April 2019.
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Interested Person Status - Additional Persons
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Officer’s Report
THE SITE 1.1 The application site is the residential curtilage of 24 Church Street, Peel. The existing property is a three storey Victorian terraced dwelling located on the western side of Church Street. It is a terrace of thirteen properties situated in the centre of Peel.
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19/00419/B Page 2 of 4
1.2 The street scene is made up of a mixture of window designs as there is no uniform design of windows in properties on Church Street. There is a mixture of timber and uPVC sliding sashes and casements windows on Church Street.
THE PROPOSAL 2.1 This application seeks approval for the replacement of the 5 windows on the front elevation.
2.2 The windows to be replaced are on the front (east) elevation of the property. The existing windows are top hung casements and the materials appear to be white uPVC. The windows on the second floor do not have any inner frame sections, but the windows on the ground and first floor have larger fixed frame sections with smaller opening sections above.
2.3 The proposed windows for the upper floors are sliding sash uPVC windows, while the window on the ground floor will be sliding sash uPVC window with glazing bars. The glazing sections of the proposed casements would be similar to the existing which is to be replaced.
PLANNING POLICY 3.1 The application site is located within an area identified as being mixed use by the Peel Local Plan and is within the Peel Conservation Area. Environmental Policy 35 of the Strategic Plan 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."
3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the assessment of this application: The Strategic Policy 4 states that Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations;
The Environment Policy 35 states that: 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. Therefore, Development proposals within Conservation Areas will be expected either to preserve or enhance their character or appearance. Pursuant to the foregoing, development proposals are required to be in accordance with the Department's conservation policies set out in Planning Policy Statement 1/01, "Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man."
3.3 These views are reinforced by the Peel Local Plan, 1989 (Written Statement). Policy 9.16 which is set out within the Peel Written Statement 1989 (Planning Circular 6/89), is considered specifically material to the assessment of this planning application. This states that:
"Particular attention will be paid to the alteration or extension of a building within the Conservation Area which must be carried out in a manner sympathetic to the existing building and its setting".
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Planning Policy 1/98 states that: "Replacement windows should preferably be the same or as similar to the originals in the pattern and glazing bars. However, provided that the glazing pattern is retained, a more relaxed approach will be taken to the replacement of windows on such properties".
PLANNING HISTORY 4.1 The following previous planning application is considered relevant in the assessment and determination of this application: 10/01362/B sought approval for Installation of replacement windows and front door. Status: Refused Reason for refusal: Although the proposed windows were considered to be an acceptable replacement, the proposed door was considered not to preserve or enhance the character or appearance of the property and as such did not comply with Environment Policy 35 from the Isle of Man Strategic Plan 2007. The Planning Officer refused the application considering the fact that planning officers cannot recommend split decisions on planning applications. The whole application was therefore recommended for refusal due to the proposed door.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highways interest in the letter dated 1 May 2019.
5.2 Manx National Heritage has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
5.3 Peel Town Commissioners have not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
ASSESSMENT 6.1 The application site is located within an area of mixed use within the Peel Conservation Area. Given the nature of the proposed development it is appropriate to assess the impact of the proposal on the character of the existing building, the surrounding area, and particularly with regard to the character of the Peel Conservation Area.
6.2 The existing windows are upvc and timber casements, but it is likely that the original windows would have been painted timber sliding sashes, which means that the existing windows have been installed at a previous time. In some cases, the planning authority has allowed casement windows when the existing windows were not traditional and the proposed casements, while not preferred, would be an improvement or would not change the existing situation.
6.3 If the timber sliding sashes were still in place then it would be unlikely that permission would be granted for casement windows. However, this is not the case here. Although the proposed windows would not be traditional sliding sashes, the glazing sections of the proposed casements would be similar to the existing windows which are to be replaced.
6.4 Section 8 of planning circular 1/98 gives preference to the design of windows in conservation areas and not materials used. This therefore, makes the use of upvc for the windows satisfactory. Moreover, the proposed replacement windows represents an enhancement on the existing windows since the existing windows are not traditional, whereas the replacements restore at least the correct proportions for windows in the area.
CONCLUSION 7.1 For the above reasons, this proposal is considered to accord with EP35, PPS1/01 and is recommended for approval.
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INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No.2) Order 2013 Article 6(4); 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, in this case Department of Infrastructure Highway Services and (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.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o Whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given interested person status.
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I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 23.05.2019
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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