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                                      19/00982/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00982/B Applicant : Mr Julian Armitage Proposal : Installation of replacement window to front elevation (retrospective) Site Address : Sutherland House 25 Shore Road Peel Isle Of Man IM5 1NH

Planning Officer: Mr Paul Visigah Photo Taken : 13.09.2019 Site Visit : 13.09.2019 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 09.10.2019 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. The proposed replacement window, would not replicate the existing or the windows on this property within the Conservation Area and as such the proposal would be contrary to EP35, Strategic Policy 4 and Planning Circular 1/98, and the development would not preserve or enhance the character or appearance of the Conservation Area. __

Interested Person Status - Additional Persons

None __

Officer’s Report

APPLICATION SITE 1.1 The application site represents the curtilages of Sutherland House, 25 Shore Road, Peel. The existing two storey property is situated on Peel Promenade and forms part of a terrace of traditional buildings. This dwelling which has painted masonry render has Marianne's Corner as the abutting property and overlooks the Peel Beach.

1.2 The dwelling has white timber top hung casement windows on the front elevation of the first and second floor, while the ground floor had painted timber casement bow windows on the ground floor. The main entrance which is situated to the right of the bow windows on the ground floor is a painted panel door with glass panes.

PROPOSAL

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2.1 The current planning application seeks approval for the replacement of the timber bow window on the ground floor front elevation with white UPVC casement windows.

PLANNING POLICY 3.1 In terms of local plan policy, the application site is in an area designated as 'Mixed Use' under the Peel Local Plan Order 1989. The application site is within the Peel Conservation Area.

3.2 The proposal should be considered in light of the following policies: 3.2.1 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."

3.2.2 Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man provides guidance on development in CAs, reflecting the requirements in EP 35 above. "POLICY CA/2

SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

3.2.3 Schedule 4, Part 1 paragraph 3 of Town and Country Planning Act 1999 states that no enforcement notice may be issued in respect of a breach of planning control consisting of the carrying out without planning approval of building operations after the end of a period of 4 years beginning with the date on which the operations were substantially completed.

3.3 Strategic Policy 4, which states (in part) 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."

3.4 General Policy 2 (Development in accordance with the land-use zoning); "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."

3.5 Also relevant to this application is guidance contained in Planning Circular 1/98 - 'The Alteration and Replacement of Windows'. In respect of buildings in conservation areas the standing policy advice is that original windows should preferably be repaired. If 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 as the original windows.

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PLANNING HISTORY 4.1 The site has been subject to a retrospective planning application for the installation of replacement windows to the front elevation of the property (08/00100/R) which is particularly relevant to the current application as the window to be changed was a component of that application. The windows were replaced with similar timber casement windows in the application which was approved in 2008.

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 18 September 2019.

5.2 Manx National Heritage although consulted on 14 August 2019, 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 although consulted on 11 September 2019, 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.

ASSESSMENT 6.1 The key consideration in the assessment of this proposal is the character and appearance of the building itself, the surrounding area, and the Conservation Area. This is assessed in line with the relevant policies in the Isle of Man Strategic Plan 2016, Planning Policy Statement 1/01 and Planning Circular 1/98 as set out in section 4 of this report.

6.2 With regard to the building itself, the existing windows are replacement windows which were installed in 2007 and replicate the previously installed windows in terms of glazing bars and method of opening. The window to be replaced is a timber top opening casement bow window which is different from the other windows on the front elevation in appearance, but was installed in 2007 with the other windows on the dwelling. Based on the foregoing, any replacement window should either replicate the window to be removed or the windows on the upper floors which are top hung timber casement windows. It is, however, noted that the proposed window does not replicate the existing bow window on the ground floor, or the windows on the upper floors of the dwelling. As well, it does not provide a uniform appearance in window form which would preserve the overall appearance of the application building and in turn preserve the appearance of the street scene and as such would therefore not meet the necessary criteria for approval.

6.3 In the dwellings surrounding the site, there are examples of front-facing windows on the ground floors which do not replicate the windows on the upper floors. However, these properties are shop fronts or properties used for business purposes such as Marine Hotel, Harbour lights Café, The Cod and Castle, Peel Charity Shop and Marianne's Corner. It is noted that the other dwellings which are predominantly residential all have ground floor windows that replicate the opening pattern and appearance of the windows on the upper floors. Granting this application must be assessed on its own merits - area precedent is not a material planning consideration. It is noted that the proposed uPVC casement window does not maintain the uniform appearance or symmetry common on the properties within the street scene and as such will not preserve or enhance the character of the street scene, as well as the Conservation Area and as such conflicts with General Policy 2, Strategic Policy 4 or Policy CA/2.

CONCLUSION 7.1 For the reasons set out above, the planning application is deemed unacceptable and is recommended for refusal.

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INTERESTED PERSONS 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.

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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 : Refused Date: 18.10.2019

Determining officer

Signed : S CORLETT Sarah Corlett

Principal Planner

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