DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00754/B Applicant: Mr David George Trustrum Proposal: Installation of replacement windows Site Address: Ashdale 1 Church Road Port Erin Isle Of Man IM9 6AH Planning Officer: Vanessa Porter Photo Taken: 29.07.2024 Site Visit: 29.07.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.08.2024

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.

• C 2. For the avoidance of doubt all windows hereby approved to the front elevation (south) and side elevation (west - excluding rear extension windows)) shall be sliding sash in method of opening and match that of the existing windows, which includes arched headed window frame to the second floor front windows all as shown on approved plan "Proposed Elevations".

Reason: to ensure that the new windows are appropriate in appearance and form to the Conservation Area in which they will sit.

This application has been recommended for approval for the following reason.

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 and Planning Circular 1/98.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 28th June 2024;

• o Location Plan
• o Site Plan

• o Current elevation, sheets 1 & 2
• o Proposal, sheets 1 & 2
• o Window quote _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of Ashdale, No.1 Church Road, Port Erin which is an end of terrace, three storey dwelling situated to the North of Church Road. THE PROPOSAL - 2.1 The current planning application seeks approval for the replacement of the existing windows to both the front, rear and Western elevation.

2.2 The proposal is for the front windows and the Western elevation to be sliding sash uPVC white windows with the windows on the outrigger and rear elevation being casement 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 "Mixed Use" on the Area Plan for the South, Map 7 Port Erin/Port St Mary. The site is not situated within a Flood Risk Zone but is situated within a proposed Conservation Area.

4.2 Whilst the site is only within a proposed Conservation Area, it is still relevant to consider Environment Policy 34 & 35 and Planning Policy Statement 1/01, CA/2 which require development within a Conservation Area is required to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the surrounding area. As the area is within a proposed Conservation Area, it is necessary to ensure that the proposed development would not prejudice the future Conservation Area designation. - 4.3 Also relevant to the assessment of the application is General Policy 2 of the Isle of Man Strategic Plan 2016 which sets out "development control" considerations, the Residential Design Guidance 2021 and Planning Circular 1/98.

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." (12.07.24) - 5.3 Port Erin Commissioners have considered the proposal and state, "to support the proposal." (17.07.24)

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 character of the streetscene, whilst the rear of the proposal is within a public vantage point due to there being access to the rear via a rear alley, it is accepted that the change of the rear windows to casements would not impact the overall character of the proposed Conservation Area. Turning to the windows to the front elevation which are the ones to have the most impact upon the proposed Conservation Area, the proposal is to replace the existing windows with sliding sash, as such these would have a positive impact upon the proposed Conservation Area.
• 6.2.3 Lastly when looking at the character of the proposed Conservation Area and the proposal, the Western elevation and the front elevation, add to the Conservation Area as such, the sliding sash windows proposed in both of these elevations would preserve the overall 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 It is concluded that the proposal complies with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01. Although the frame materials are not traditional, as required by Environment Policy 34, they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area.

7.2 The application is therefore recommended for approval with a condition regarding the curved windows and the glazing bars to the rear elevation.

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 a Principal Planner 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: 09.08.2024 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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