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                                      24/00089/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00089/B Applicant : Laxey Glen Mills Limited Proposal : Replacement windows and doors (Retrospective) Site Address : Site Office Laxey Glen Mills Mill Road Laxey Isle Of Man IM4 7AU

Planning Officer: Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 10.05.2024 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

N/A

This application has been recommended for approval for the following reason. The replacement fenestration is considered to be acceptable from a design perspective without detriment to the character and appearance of the Conservation Area, in compliance with General Policy 2 and Environment Policy 35 of the Strategic Plan (2016).

Plans/Drawings/Information;

This approval relates to the following drawings and documents referenced;

Location plan Site photos document Window specification document Received 17.01.24

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Interested Person Status - Additional Persons

None __

Officer’s Report

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THIS APPLICATION HAS BEEN BROUGHT TO PLANNING COMMITTEE FOR DETERMINATION DUE TO THE OBJECTION FROM THE LOCAL AUTHORITY

1.0 THE SITE 1.1 The application site relates to the single-storey site office within the Laxey Glen Mills site. The building is understood to date from the mid-20th century and has been finished in artificial Manx stone and artificial slate roof tiles, and does not form part of the registration for Laxey Glen Mills. The sider site is well screened from natural vegetation to the north and south and south whilst being site on significantly lower ground than the bridge over the Glenroy River to the east, with only fleeting views of the site office permissible from the bridge itself. The site immediately abuts the river to the north.

2.0 THE PROPOSAL 2.1 Retrospective planning permission is sought for the replacement of 6 no. windows (all previously green painted timber) and 2 no. doors (understood to be uPVC) serving the site office with white coloured uPVC replacements. The 6 no. windows are all casement and comprise an identical form and configuration to the previous timber framed windows in situ. The replacement doors comprising a glazed upper section and single panel for the lower section.

3.0 PLANNING HISTORY 3.1 The applications site and wider site of Laxey Glen Mills is subject to a fairly extensive planning history, however none of which is considered to be of material relevance to this application.

4.0 PLANNING POLICY 4.1 The site lies within an area zoned as 'Industrial' within the Area Plan for the East (2020) within the settlement boundary of Laxey, whilst also falling within the Conservation Area. The site forms part of the Laxey Glen Mills site, much of which is Registered however the registration does not extend to the site office building which is the subject of this application.

4.2 General Policy 2 of the Strategic Plan 2016 requires development, amongst other things, to be of a suitable design so as to respect the site and its surroundings to not adversely affecting the character of the surrounding landscape or townscape; to safeguard the amenities of surrounding residential properties and ensure adequate parking provision.

4.2 Environment Policy 35 of the Isle of Man Strategic Plan 2016 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."

4.3 Planning Circular 1/98 - The alteration and replacement of windows The following policy details the approach to replacement windows to 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 their construction."

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5.0 REPRESENTATIONS 5.1 Garff Commissioners - Members expressed great surprise that the windows had been replaced without planning permission on this Government owned building. This surprise was exacerbated by the fact that the building is within the Laxey Conservation Area. It was noted that the UPVC windows had replaced timber and were in a different colour and configuration. Members acknowledge the environmental benefits that new windows will bring but felt that this was no reason to circumvent the planning system. Members reiterated that it was extremely disappointing that a Government agency had felt it satisfactory to ignore the planning regulations which are supposed to apply to all organisations and individuals.

The Board resolved to submit an Objection to the application on the grounds that the material, colour, and configuration of the windows had been changed, but also on the grounds of the procedural breach that had taken place. (09.02.24)

5.2 Highway Services - No highways interest (26.01.24)

5.3 Manx National Heritage - No response received at the time of writing.

5.4 Registered Buildings Officer - Laxey Glen Flour Mills have recently been added to the Protected Buildings Register. The registration extends to the main building, screen house, cistern, mill lade and subterranean drainage network. The site office that is the subject of this application is not included within the registration.

The site offices are believed to date from the mid-20th century. The offices have an artificial stone wall finish and were initially constructed with a roof finished in asbestos tiles. The roof tiles currently in place appear to be artificial slate. The photographs submitted in support of this application show the exiting windows prior to their recent replacement. In my view these photographs show that the replacement windows have replicated the pattern and section of glazing and the opening method of the existing units. With this in mind, it is my view that the replacements adhere to the guidance in planning circular 1/98 for windows in conservation areas, and therefore that they could be considered to preserve the character of the Laxey Conservation Area. (19.04.24)

5.5 Manx Utilities Authority - No response received at the time of writing.

6.0 ASSESSMENT 6.1 The replacement fenestration, as noted by the Registered Buildings Officer, has suitably replicated the pattern, detailing and glazing of the previous timber framed windows in situ, whilst the replacement doors are broadly similar to the uPVC doors which were previously in place. It is considered that the change in fenestration has not demonstrably altered the character and appearance of the existing building, which in any case is not historic in itself and does not form part of the wider registration for Laxey Glen Mills. Likewise, only fleeting views are permissible of the building in the public realm, and therefore the impact of the change in fenestration upon the character and appearance of the Conservation Area is negligible. On this basis the development is considered to be acceptable in design terms, in compliance with General Policy 2 and Environment Policy 35 of the Strategic Plan.

7.0 CONCLUSION 7.1 The replacement fenestration is considered to be acceptable from a design perspective without detriment to the character and appearance of the Conservation Area, in compliance with General Policy 2 and Environment Policy 35 of the Strategic Plan (2016), and therefore recommended for approval.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

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(a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : ...Permitted... Committee Meeting Date:...20.05.2024

Signed :...T COWELL... Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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.