DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00670/B Applicant: Ms Valerie Haslam Proposal: Installation of replacement windows and doors Site Address: 33 Market Street Peel Isle Of Man IM5 1AE Planning Officer: Vanessa Porter Recommended Decision: Permitted Date of Recommendation: 15.07.2024

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.

The proposed windows and doors are deemed acceptable in terms of their form and design which will ultimately preserve the overall Conservation Area and Streetscene, as such the proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 30th May 2024;

• o Location Plan
• o Photograph with window and door specification
• o Window and door quote
• o Door Brochure Details
• o Sliding Sash window Brochure Details _______________________________________________________________

Interested Person Status

Additional Persons None

_____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of 33 Market Street which is a two storey semi detached dwelling situated to the Western side of Market Street. THE PROPOSAL - 2.1 The current planning application seeks approval for the replacement of the existing windows and doors within the curtilage. The proposal to the front elevation is to change the existing casements into sliding sash and to the rear on a like for like basis. PLANNING HISTORY - 3.1 The previous applications are not relevant to the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" under the Peel Local Plan 1989. The property is situated within a Conservation Area but not a Flood Risk Zone.

• 4.3.1 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. REPRESENTATIONS
• 5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "No Highways Interest." (14.06.24)

5.3 No comments have been received from Peel Commissioners at the time of writing this report. ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test - Character
• - Section 18(4) test - Appearance

- 6.2 SECTION 18(4) TEST - CHARACTER

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.

• 6.2.2 The proposed works can be seen in two parts, firstly the front elevation and secondly the rear elevation. When looking at the front elevation, whilst it is acknowledged that the existing casement windows have been in situ for a very long period of time, due to the windows being

• in place on the 2010 Google Street View, the change of these windows to sliding sash is an improvement to the Conservation Area. The proposed front door whilst not exactly what would be accepted within the Conservation Area, in this instance, due to the proposed change of the casement to sliding sash windows, the door is deemed acceptable.
• 6.2.3 The proposed works to the rear are situated outside of the public domain and are on a like for like basis for the windows with colour and window aperture changes for the rear door. As such it is unlikely that these works will impact the character of the Conservation Area. 6.3 SECTION 18(4) TEST - APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area. Planning Circular 1/98 states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows and door are recognised as an acceptable alternative to timber, which will preserve the Conservation Area. CONCLUSION
• 7.1 The proposed windows and doors are deemed acceptable in terms of their form, mass and design which will ultimately preserve the overall Conservation Area and Streetscene, as such the proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. INTERESTED PERSON STATUS
• 8.1 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. 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 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 : 18.07.2024

Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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