195014

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                                      24/00249/B                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00249/B Applicant : Mr Michael Henry Corlett Sloane Proposal : Installation of replacement conservatory; installation of replacement windows and door to main dwelling. Site Address : Hawthorn Cottage Maughold Isle Of Man IM7 1AS

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

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 19.04.2024 __

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. On balance, the application is considered to meet the tests of Section 18 of the Town and Country Planning Act 1999 and Environment Policy 35 within the IOM Strategic Plan 2016, as the character of the Conservation Area is being preserved. The proposals are also judged to comply with General Policy 2 and the principles promoted by the Residential Design Guide, as the works would not affect adversely the character of the locality or surrounding townscape, and no significant adverse impacts on neighbouring amenity would result from the proposal.

Plans/Drawings/Information; This decision relates to the documents and plans received 1 March 2024.

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Interested Person Status - Additional Persons

None __

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Officer’s Report

1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of Hawthorn Cottage, Maughold, a two storey detached property located within the centre of Maughold Village. The site is bounded to the north by the road, and the centre triangle grass area of Maughold via a mature hedge. To the north east corner of the site is mature vegetation and trees.

1.2 The existing dwelling on site which has a largely traditional appearance has a lean-to roofed glazed conservatory at the rear. This timber framed conservatory sits enclosed by mature landscaping within the rear garden of the property. The existing conservatory measures about 5.3m by 2.7m, with height set at 2.6m where it meets the main dwelling, and 2.4m at the eaves.

1.3 The dwelling appears on the 1860's maps of the area, which highlights its historic significance for the site and area.

2.0 THE PROPOSAL 2.1 Planning approval is sought for Installation of replacement conservatory; installation of replacement windows and door to main dwelling.

2.2 The breakdown of the proposed works is as follows: 2.2.1 Replacement of the entire roof of the conservatory, as well as the windows and doors. The door to the conservatory would be relocated to the southern elevation of the conservatory from the east elevation with new fixed full height windows installed in their place. The lower masonry walls would remain in place as such the footprint of the conservatory would remain unchanged. Note: Whilst the lower walls would be retained, given that the entire roof and all the windows and supporting structures would be replaced, it is considered that the works are significant and can be judged to represent the replacement of the existing conservatory.

2.3 Other works proposed within the scheme include: a. Replacing the first floor window on the south elevation of the dwelling. b. Replacing the full height bay windows on the east elevation of the dwelling. c. Replacing the rear access door situated on the

2.4 All the new door and window units replaced are to be new redwood coloured UPVC units.

3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The site is on land not designated for development and also within an area zoned as High Landscape Value or Costal Value and Scenic Significance under the Isle of Man Development Plan Order 1982, and is also within Maughold Conservation Area. There are no registered trees on site, and the site is not within a registered tree area. The existing building on site is not prone to flood risks, although most of its garden area which sits east of the conservatory is considered to be susceptible to high surface water flood risks.

3.2 TOWN AND COUNTRY PLANNING ACT 1999 3.2.1 S18 Designation of conservation areas (4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

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a. Environment Policy 35 - Seeks to preserve or enhance the character or appearance of Conservation Areas. b. General Policy 2 - General Development Considerations. c. Strategic Policies 3 and 5 - promote good design and use of local materials and character. d. Strategic Policy 4 - Seeks to Protect or enhance the fabric and setting of Conservation Areas (etc.). e. Environment Policy 42 - character and need to adhere to local distinctiveness. f. Environment Policy 34 - Preference for the use of traditional materials in the maintenance, alteration or extension of pre-1920 buildings.

3.4 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN 3.4.1 POLICY CA/2 - Special Planning Considerations

3.5 Planning Circular: 1/98 THE ALTERATION AND REPLACEMENT OF WINDOWS 3.5.1 Category b) BUILDINGS IN CONSERVATION AREAS Policy 6: "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 OTHER MATERIAL CONSIDERATIONS 4.1 Residential Design Guide (2021) 4.1.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction. Section 2.0 on Sustainable Construction, 4.0 on Householder Extensions, and Section 5 on Architectural Details are considered relevant to the current application.

5.0 PLANNING HISTORY 5.1 The site has been the subject of 7 previous planning applications, three of which are considered to be material to the assessment of this application; o PA 97/01389/B for Installation of two replacement windows with alterations - Approved. o PA 01/00485/B for Alterations and extension to dwelling - REFUSED o PA 01/02473/B for Alterations and extension to dwelling - APPROVED

5.2 These application have resulted in the current appearance of the existing dwelling which would be further altered by the current proposal.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.3 DOI Highways Division have no interest in the application (11 Mar 2024).

6.2 Garff Commissioners have no objection to the application (8 March 2024).

6.3 No comments have been received from neighbouring properties.

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7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of the current application are: a. The Statutory test (Section 18[4] of the Town and Country Planning Act); b. Impact upon character and appearance of the Conservation Area (EP 35, STP 4, EP 42, & GP 2);

7.2 There would be no impacts on the neighbouring properties as the scheme would not raise the roof of the building, or increase the amount of glazing where they would introduce new overlooking concerns, or exacerbate privacy concerns. As well, the scheme would not create a new access to site or introduce new parking provisions on site. Thus, it is not considered that there would be any impacts on highway safety as a result of the proposal.

7.3 CONSERVATION AREA STATUTORY TEST 7.3.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in Paragraph 3.2.1 of this report on whether the proposal would preserve or enhance the Conservation Area. In assessing the impact of the proposed works on the existing building, it is first considered that the proposal would not conflict with Section 18(4) of the Town and Country Planning Act which requires that special attention shall be paid to the desirability of preserving or enhancing the character or appearance of a Conservation Area in the exercise, with respect to any buildings or other land in a Conservation area, as the proposal seeks to almost replicate the appearance of the existing conservatory which is not at a position that would impact on the character and appearance of the site and conservation Area. Likewise, the new doors and windows are almost identical representations of the existing.

7.4 CHARACTER AND APPEARANCE 7.4.1 In assessing the impact of the proposed development on the character and appearance of the site and Conservation Area, it is noted that there is no Character Appraisal written document for the Conservation Area, although the dwelling is one of the older properties in the area, with the existing features integral to its appearance. Hence, it would be vital that any changes do not diminish the contributions of the building to the site and Conservation Area.

7.4.2 With regard to the impacts of the works to the dwelling, it is considered that the proposed works on the building which includes replacement works on the conservatory, and door change would not be at a part of the property where they would be publicly noticeable. More so, this element of the proposal, by virtue of the materials proposed, its appearance, and the overall design would not detract from the overall character and appearance of the host building, and would in turn respect the special character and appearance of the Conservation Area.

7.4.3 In terms of the impacts of the proposed window replacements, it is noted that the application seeks to replace existing timber windows on the building with UPVC windows, replicating the appearance and glazing sections, although the new colour would bear a similar appearance as the existing windows. It must be noted that Planning Circular 1/98 does not request that the material of the windows is replicated, nor that the colour be replicated, but that the windows which are not publicly visible should have the same method of opening as the originals, same pattern and section of glazing bars and the same frame sections as the original windows. As the windows would have similar method of opening, pattern and section of glazing bars, and similar frame sections as the original windows, it is considered that the proposal will preserve the overall appearance of the property. These new windows would also provide an improved thermal efficiency of the dwelling.

7.4.4 Based on the foregoing, it is considered in this instance that the works proposed within the current scheme will preserve the appearance of the existing property, whilst preserving the character and appearance of the Conservation Area.

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8.0 CONCLUSION 8.1 It is judged that the application meets the tests of section 18 of the Town and Country Planning Act 1999 and Environment Policy 35 within the IOM Strategic Plan 2016, as the character of the Conservation Area is being preserved. The proposals are also judged to comply with General Policy 2 and Strategic Policy 4 as the works would not affect adversely the character of the locality or surrounding townscape, and no significant adverse impacts on neighbouring amenity would result from the proposal. It is therefore recommended that the application be approved.

9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (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.

9.2 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 above who should be given Interested Person Status. __

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 23.04.2024

Determining officer Signed : A MORGAN Abigail Morgan

Acting Head of Development Management

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