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24/00804/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00804/B Applicant : Mr John Connor Proposal : Installation of replacement windows Site Address : 1 Bay View Terrace Laxey Isle Of Man IM4 7DG
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.08.2024 __
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.
This application has been recommended for approval for the following reason. The proposal proposes sliding sash windows therefore, having regard to Section 18(4) of the Town and Country Act (1999), Planning Policy Statement 1/01 and Planning Circular 1/98 the proposal preserves the Conservation Area.
The proposal would enhance that which exists and accords with the aims and objectives of Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016 and the Design Guide.
Plans/Drawings/Information;
This decision relates to the following detail, plans and drawings received on the 27th of July 2024; o Site Location plan o Photograph window identification o Drawings of the replacement windows numbered 1 to 7. __
Interested Person Status - Additional Persons
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None __
Officer’s Report
1.0 THE SITE
1.1 The site is the curtilage of the property number 1 Bay View Terrace, Laxey which is an end-terrace separated from the road by a front garden bound by walls and metal railings.
1.2 Opposite the site is an open grassed public area which separates Bay View Terrace from The Promenade.
2.0 THE PROPOSAL
2.1 The application proposes the installation of replacement windows throughout the front elevation of the property. The application form confirms the proposed windows are to be sliding sash.
2.2 Photographs of the existing windows and proposed replacement windows numbered 1 to 7 have been submitted in support of the application.
3.0 PLANNING POLICY
3.1 The site is not a Registered Building and there are no protected trees on site nor are there any of either within the sites setting. The site is not in a flood risk area. The site is within the Laxey Conservation Area.
3.1.2 The application site lies within an area designated on the Area Plan for the East Proposals Map 7 as 'Mixed Use'.
3.1.3 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered most relevant in the determination of this application:
3.2 As a result of the above, the following Policies and documents from the Isle of Man Strategic Plan 2016 are considered most relevant in the determination of this application.
3.2.1 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced.
3.2.2 Strategic Policy 4: Proposals for development must protect or enhance the fabric and setting of buildings within a Conservation Area.
3.2.3 Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
3.2.4 Environment Policy 35 states that 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.
3.2.5 General Policy 2 of the Strategic Plan 2016: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
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(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; and (g) does not affect adversely the amenity of local residents or the character of the locality.
4.0 Other Material Considerations
4.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(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".
4.2 Planning Policy Statement 1/01 states that 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 policy for Category B 'buildings in conservation areas' states, ''If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be 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'.
4.4 The Residential Design Guide provides guidance on all aspects of design including architectural guidance to ensure retention of the existing character of a building that includes attention to detail of scale, position, symmetry, glazing, materials and texture, and consideration of the impacts upon residential amenity.
5.0 PLANNING HISTORY
o 22/01180/B - Installation of a replacement front door. Permitted.
6.0 REPRESENTATIONS
6.1 Highways - No objection (02.08.2024)
6.2 Garff Commissioners - No objection (09.08.2024)
6.3 Manx National Heritage - although consulted on the 30.07.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
6.4 Registered Buildings - although consulted on the 30.07.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
6.5 Manx Utilities - although consulted on the 30.07.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
7.0 ASSESSMENT
7.1 Given the land designations, in accordance with Section 18(4) of the Town and Country Act (1999) special attention is given to assessing whether the proposal preserves and or
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enhances the Conservation Area. As part of that assessment Planning Circular 1/98 and Planning Policy Statement 1/01 are applicable, as are the aforementioned Policies.
7.1.1 Therefore the main considerations are whether the proposal at least preserves the character of the dwellinghouse and as such the Conservation Area, anything less is unacceptable.
Existing character 7.2 Because of the proximity to the road the façade of the site and of the terrace is prominent in the streetscene. The frontage plays an important role in the setting of the character of this locality within the Conservation Area.
7.2.1 In respect of windows, the terraced row is characterised by tall and narrow first floor sash windows, dual pitched bay windows with tall narrow side sash windows and a larger mid sash window.
7.2.2 The front door of the application site was recently replaced with a more appropriately styled door. The windows are not sash, they have small top openers and cause harm to the character of the terrace and the Conservation Area.
Impact of proposal 7.3 Replacement timber sash windows on the front elevation to enhance the character of the dwellinghouse and the Conservation Area are preferred but the proposal is UPVC sash windows. The construction design of UPVC has improved resulting in it becoming more widely acceptable and used within Conservation Areas where appropriate. Taking account of the location, position within the street and surrounding setting, the use of UPVC is in this instance is considered acceptable.
7.3.1 The proposal would remove that which harms the Conservation Area and would enhance the visual character of the building, thus preserving the character of the Conservation Area, and is supported.
8.0 CONCLUSION
8.1 Taking account of Section 18(4) of the Town and Country Act (1999), Planning Policy Statement 1/01 and Planning Circular 1/98 the proposal preserves the Conservation Area.
8.3 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 site and built landscape, and longevity of use of the building. It is considered that the proposal accords with the aims and objectives of Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016.
8.4 For the reasons given above this application is recommended for approval.
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;
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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
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 : 29.08.2024
Determining officer
Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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