Officer Report
Application No.: 25/90707/B Applicant: Ms Jane Marie Birchall Proposal: Installation of replacement windows and patio door Site Address: Monks Bridge Cottage Abbey Road Lane Ballasalla Isle Of Man IM9 3DE Principal Planning Officer: Belinda Fettis Site Visit: 07.08.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.09.2025 _________________________________________________________________
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. Having applied the Statutory Test of Section 18(4) of the Town and Country Planning Act
(1999) the proposal would overall preserve the Conservation Area. The proposal accords with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and the Residential Design Guide. Plans/Drawings/Information;
This decision relates to the following details received on the 21st of July 2025; unless stated otherwise.
- o Location
- o Site Plan
- o Photographs identifying windows.
- o Window detail quote by LD Glazing 27/05/2025 _________________________________________________________________
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
- Malew Parish Commissioners - (07.08.2025) No objection
_________________________________________________________________ Officer’s Report
- 1. THE SITE
- 1.1. The application site relates to the curtilage of a two storey dwellinghouse known as Monks Bridge Cottage. The dwellinghouse can be described as a traditional cottage with an integrated chimney stack on the roadside gable. The building is whitewashed stone with a catslide roof arrangement to the rear. The windows comprise side and top openers within frames containing multi-glazed panels.
- 1.2. Monks Bridge Cottage is located at the end of Abbey Road Lane furthest away from the 'Ford' crossing at Mill Road to the south. Monks Bridge Cottage sits on the western side of the lane with its gable and stone boundary wall directly abutting the single track highway.
- 2. THE PROPOSAL
- 2.1. Planning approval is sought to replace all timber windows including a set of French doors and all soffits and guttering with uPVC in anthracite grey.
- 2.2. The application form states that timber replacements were fitted in some windows and the French doors in 2022 but despite the expense / quality these have deteriorated.
- 2.3. The application is supported by photographs of the windows that are numbered to correspond with the specifications of the windows provided by LDGlazing.
- 2.4. With the exception of window no.18 that is proposed with a new opening, the other fenestration details appear to replicate that which exists.
- 2.5. Window no.18 has 3 vertical panes and is proposed with a new top opener within the middle pane.
- 3. PLANNING POLICY
- 3.1.1. The site lies within an area designated as 'Predominantly Residential' and within the Silverdale Conservation Area on the Area Plan for the South Proposals Map 4 Ballasalla.
- 3.1.2. The site is shown to be within high risk area of flooding from the Silver Burn River.
- 3.1.3. There are no constraints to the site from Registered Trees or Registered Buildings.
- 3.2.1. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
- 3.3. General Policy 2 (b), (c) and (d) that require development to protect the site surroundings and to not adversely affect the character of the surrounding locality or the amenity of local residents.
- 3.4. Environment Policy 35 the department will permit only development that would preserve or enhance the character of the site to ensure that special features are protected.
- 4. OTHER MATERIAL CONSIDERATIONS
- 4.1. Development in Conservation Areas must take into consideration the following.
- 4.2. Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas);
- "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application."
- 4.3. Planning Circular 1/98 - 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 readily 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.
Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the original method of opening, whatever the material used in the construction."
- 4.4.1. 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".
- 4.5. Design Guide (2021), Section 5 (Architectural Details), 5.2 (Windows and Doors).
- 5. PLANNING HISTORY 5.1. There is previous planning history within the red line however only the following is considered to be materially relevant to determine this application. 5.2. 20/00094/B Creation of French doors - Permitted.
- 6. REPRESENTATIONS 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. 6.2. Local Authority:
- 6.2.1. Malew Parish Commissioners - (07.08.2025) No objection.
- 6.3. Statutory Bodies Although consulted on 21.07.2025 the following bodies have not submitted a comment at the time of writing this report (22.08.2025);
- o Highway Services
- o Registered Buildings
- o Forestry Amenity and Lands (DEFA) -
- o Manx Utilities, Drainage -
- o Flood Management Division
- o Inland Fisheries Development Manager
- 7. ASSESSMENT
- 7.1. The key considerations are whether the proposal protects and or enhances the character of the building and therefore the Conservation Area, anything less is unacceptable.
- 7.2. Impact upon the building
- 7.2.1. Loss of the timber windows would cause some harm to the character of the property by simple virtue of the fact that uPVC window frames are thicker than traditional original timber windows. However the scheme proposes to include details that mimic the original features therefore the essential character of the fenestration is retained.
- 7.2.2. Turning to window no.18, this window is on the side elevation adjacent the road. The window is visible in limited views close to the property. The new window is proposed with a top opener in the middle pane. Although this is a change in the fenestration for window no.18, there exists two windows at first floor level, that are more visible, and one at ground floor level set back from the road. Window no.18 can be viewed with either of these windows when approaching the property. As such, it is considered that the changed fenestration to window no.18 would not cause adverse harm to the character of the property; It would result in the windows all being alike.
- 7.2.3. Therefore overall the proposal would accord with GP2, EP35 and the Residential Design Guide.
- 7.3. Impact upon the Conservation Area
- 7.3.1. As stated above, some harm will be caused by the introduction of uPVC and this would be particularly noticeable on the side elevation abutting Abbey Road Lane. However due to the fenestration detail mimicking that which exists it is considered that the harm would be minimal to the overall character.
- 7.3.2. In respect of window no.18 it is considered that although harmful, as a result of other previous changes, the window would provide continuity in the fenestration of the building and so the harm resulting from the loss is measured by the overall visual of the building. Certainly the harm is not considered to warrant refusal.
- 7.3.3. Within the Conservation Area the site is visible in limited views; one has to be upon the site to see it.
- 7.3.4. Therefore having regard to Section 18 (4) of the Town and Country Planning Act (1999) the proposal passes the test of s18(4) by preserving the character of the building and so the Conservation Area.
- 8. CONCLUSION
- 8.1. The proposal meets the test of s18(4) of the TCPA and Planning Policy Statement 1/01 and Planning Circular 1/98. The proposal is considered to be acceptable in respect of design and visual impact upon the character of the property, its' setting and the wider Conservation Area.
- 8.2. Therefore the proposal is considered to accord with Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide.
- 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 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).
9.2 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.
9.3 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.
9.4 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.
9.5 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 the Right to Appeal.
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 : Permitted Date: 02.09.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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