DEC Officer Report

Application No.: 19/00075/B Applicant: Summerhill Developments Ltd Proposal: Installation of replacement windows to front elevation Site Address: St Martins Old Laxey Hill Laxey Isle of Man IM4 7BZ Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.03.2019 _________________________________________________________________

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 drawing reference numbers 164/64/1, 164/64/2, 164/64/3 and 164/64/P all received on 25th January 2019.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of St Martins, Old Laxey Hill, Laxey, an existing two storey detached house of traditional proportions which is situated on the eastern side of the Old Laxey Hill.

1.2 The existing dwelling has a total of five single pane windows, three at first floor level over a single doorway at ground floor level which has a single window either side.

2.0 THE PROPOSAL - 2.1 Proposed is the installation of replacement windows to front elevation replacement of the existing front timber and uPVC top hung windows. The replacements would be uPVC top hung outward opening casements all which have the '50/50' split arrangement.

3.0 PLANNING STATUS AND POLICY - 3.1 The site lies within an area designated on the Laxey and Lonan Local Plan of 2005 as Predominantly Residential. The application site also lies within a Conservation Area. - 3.2 The Strategic Plan contains a policy which seeks the preservation or enhancement of property within a Conservation Area (EP 35). This 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."

3.3 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 3.4 Planning Circular 1/98 also contains advice about the replacement of windows:

"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."

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered relevant in the determination of this application.

5.0 REPRESENTATIONS - 5.1 Highway Services comment there is no highway interest (08.02.2019) - 5.2 Garaff Commissioners have no objection (22.02.2019).

6.0 ASSESSMENT - 6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property. - 6.2 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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.
• 6.3 The existing street-scene in terms of the windows within the properties has evolved over a number of years ranging from "50/50" top opening casement windows, high level opening casement windows and single pane windows. The majority of properties in the immediate area appear to have had their original "50/50" timber sliding sash windows replaced, with more inappropriate style of windows.
• 6.4 It is considered the proposal would be reinstated the "50/50" split arrangement back to the original form which is of a positive. Ideally they would be sliding sash windows; however, the test is whether the works preserve or enhance the Conservation Area. It is considered in this case the proposal would still represent an enhancement over the existing inappropriate styled windows, which are also a mixed of materials.

7.0 CONCLUSION - 7.1 It is considered the proposal would enhance the Conservation Area and the individual property and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan and therefore recommended for an approval..

8.0 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
• (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.

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 : 11.03.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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