DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00650/B Applicant: Mr Campbell & Mrs Pauline Berrie Proposal: Installation of replacement windows to front elevation Site Address: Springhaven Glen Wyllin Kirk Michael Isle Of Man IM6 1AW Planning Officer: Vanessa Porter Recommended Decision: Permitted Date of Recommendation: 16.07.2024

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 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 24th May 2024;

• o Location Plan
• o Photograph with window specification
• o Quotation
• o Proposed New Window _______________________________________________________________

Interested Person Status

Additional Persons None

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of Springhaven, Glen Wyllin, Kirk Michael, which used to be two dwellings (Spring Haven & The Cottage) situated to Southern side of Glen Wyllin. THE PROPOSAL - 2.1 The current planning application seeks approval for the replacement of eight timber windows situated in the Northern elevation which are a mix of sliding sash and casement windows with uPVC sliding sash windows. 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 "Predominately Residential" under the Kirk Michael Local Plan 1994. The property is situated within a Conservation Area but not a Flood Risk Zone.

- 4.2 KIRK MICHAEL LOCAL PLAN 1994

• 4.2.1 When looking at the Conservation Area Character Appraisal for Glen Wyllin in it noted that the Conservation Area of Glen Wyllin is to preserve the "open spaces, green areas and trees" as "it is important to consider that Glen Wyllin has not been designed as a conservation area due to the outstanding architectural qualities of the properties contained in it, but rather due to the natural environment provided by the open green areas and trees. Whilst there is a mix of architectural styles, the majority of these properties do not significantly detract from the qualities that designation seeks to conserve."
• 4.2.2 The Conservation Area Character Appraisal for Glen Wyllin also goes on to state the following regarding Springhaven, "4.9 There are a pair of semi-detached cottages known as The Cottage and Spring Haven, which can be identified on the 1869 Ordnance Survey Map. Whilst The Cottage bears traditional Manx characteristics, Spring Haven does not. It has peeked dormer windows at first floor level and a projecting front entrance porch.."
• 4.3 ISLE OF MAN STRATEGIC PLAN 2016

• 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." (06.06.24)

5.3 No comments have been received from Michael 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 When looking at the proposed elevation, the proposal to change the existing casement windows to sliding sash, is an improvement to the Conservation Area, with the change of the existing sliding sash windows to sliding sash preserving the character of the Conservation Area.

• 6.2.4 With the above in mind the works will pass the Section 18(4) test by preserving 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 are recognised as an acceptable alternative to timber, which will preserve the Conservation Area.

CONCLUSION

7.1 The proposed windows 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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