Officer Report

Application No.: 25/90690/B Applicant: Nancy Patricia Roberts Proposal: Replacement of windows and installation of french doors to rear elevation Site Address: 11 Christian Street Peel Isle Of Man IM5 1NW Planning Officer: Vanessa Porter Photo Taken: 18.09.2025 Site Visit: 18.09.2025 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 04.11.2025 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. Whilst the windows, french door and velux window to the rear elevation are acceptable, it is deemed that the proposed casement windows to the front elevation fail to comply with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan and neglects the general standards towards replacement windows as set out in Planning Circular 1/98. Accordingly it is recommended the application be refused. _________________________________________________________________ Right to Appeal n/a

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of No.11 Christian Street, Peel which is a three storey mid terrace property situated to the Northern side of Christian Street. The property is situated between a two storey dwelling to the Western side and a single storey garage to the Eastern side. - 1.2 The property currently has sliding sash windows to the front and rear elevation THE PROPOSAL

2.1 The current planning application seeks approval for replacement windows to the front and rear elevation.

2.2 The proposal is to replace the existing sliding sash windows to uPVC casement windows with glazing bars and horns. Also proposed is the alteration of a window to a front door to the rear ground floor level and the replacement of the existing velux rooflight. PLANNING HISTORY - 3.1 There is one previous application PA03/00670/B which was for, "Alterations including installation of sliding sash windows to replace existing and conversion of ground floor shop to residential." PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" on the Peel Local Plan 1989 Map. The property is situated within a Conservation Area but not a Flood Risk Zone.

4.2 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. - 4.3 In addition to the above consideration should also be given to Planning Circular 1/98 and PPS 1/01 which provide guidance policies in respect of the alteration or replacement of windows and works in a Conservation Area.

REPRESENTATIONS

5.1 The following consultees were consulted on the 31st July 2025, of which no consultation has been received 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 and Appearance

- 6.2 SECTION 18(4) TEST / CHARACTER AND APPEARANCE

• 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 Planning Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
• 6.2.2 The appearance of properties within a Conservation area are strongly influenced by the detailing of their windows and doors; of which the replacement of the existing front and rear windows can significantly impact the character of an area. The proposal within this application is to replace both the front and rear sliding sash windows with casements, and the change from a window to French doors to the rear with the replacement of a velux window.
• 6.2.3 When looking at the proposed works to the rear elevation, the windows, proposed French doors and replacement velux rooflight are not situated within a public vantage point and as such the change from sliding sash to casements is acceptable and would meet the tests of Section 18(4) and in turn Environment Policy 35 and Planning Circular 1/98.
• 6.2.4 Turning towards the windows to the front elevation, which have the most impact upon the Conservation Area. Section 6 of Planning Circular 1/98 is very clear in that windows within a Conservation Area that are publicly visible must be of the same design, style and form of opening including glazing bars, which means this proposal is in direct contravention of the Planning Circular and in turn Section 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

• 6.2.5 The applicant was informed of this, with the option to alter the windows to sliding sash, to which a statement of case was received instead. The applicant states that the information regarding the streetscene is incorrect and that the officer didn't read all the information before providing options on moving forward.

• 6.5.6 In the first instance, as stated above the policy is specific in its statement, the proposal is to replace sliding sash windows with casements, this does not meet the tests of the policy. There is no overriding need for the windows to set aside policy, as such the proposed windows do not comply.
• 6.5.7 Turning towards the information regarding the streetscene, where the officer stated that sliding sash windows were the overriding feature within this part of the streetscene. When looking at the application site, there are 13 properties which are within this part of the terrace, out of those properties 8.5 have sliding sash (No. 2 Bridge Street, No. 1, 1a, 7, 9, 17, 19 and the ground floor of No. 25 Christian Street), with 4.5 properties having casements (No. 3, 15, 21, 23 and the upper floor of No. 25 Christian Street). This is approximately double the amount of properties having sliding sash windows, as such sliding sash windows are an overriding feature within this part of the streetscene.
• 6.5.8 The applicant also makes reference to Planning Policy Statement 1/98 stating that it has no basis when an application is applied for, this is incorrect and it is very much a material consideration for any replacement window application within a Conservation Area.
• 6.5.9 Turning towards the energy efficiency of sliding sash windows against casement windows and the fact that the applicants states this is an overriding need for the proposed replacement windows, the difference in energy efficiency between sliding sash windows and casement windows is marginal, the energy efficiency of either would not be a planning matter nor an overriding need, especially when noting the amount of Conservation Areas on the Island and further beyond which as a requirement have sliding sash windows.
• 6.5.10 In conclusion, the replacement of the existing sliding sash windows would be in direct conflict with Planning Circular 1/98, and would neither preserve nor enhance the character and appearance of the existing property within the Conservation Area, as such the proposal is inappropriate and will negatively impact the Conservation Area and is contrary to Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of man Strategic Plan 2016.

CONCLUSION

7.1 In conclusion, whilst the windows, french door and velux window to the rear elevation are acceptable, it is deemed that the proposed casement windows to the front elevation fail to comply with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan and neglects the general standards towards replacement windows as set out in Planning Circular 1/98. Accordingly it is recommended the application be refused. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative. _____________________________________________________________________________________________________

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 and/or rights to appeal.

Decision Made : Refused Date: 04.11.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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