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25/90653/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90653/B Applicant : Miss Lynsey Woods Proposal : Replacement of door and windows to front elevation Site Address : Olivia Rose Hair & Beauty Main Road Kirk Michael Isle Of Man IM6 1AB
Principal Planning Officer: Belinda Fettis Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.08.2025 __
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 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 this area of the Conservation Area 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 date shown: o Location Plan (04.07.2025) o Site Plan (04.07.2025) o LDGlazing Quote dated 05/11/2024 (08.07.2025)
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Right to Appeal
None __
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25/90653/B
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Officer’s Report
THE SITE
1.1. The site relates to the curtilage of the address knowns as Olivia Rose Hair and Beauty that fronts onto Main Road (A3) in the centre of Kirk Michael.
1.2. The two storey property is a mid-terrace building. To the north the terrace is two storey however the adjoining property to the south is two storey with dormers in the roof creating a third floor. The building to the north has a similar shop front to the application site. The shop front comprises tall glass windows with a narrow entrance door. Windows in the façade above are 50/50 ratio sliding sash windows.
1.3. Within the main street of Kirk Michael there is a mix of materials in window frames (timber and uPVC) and opening methods (sash and mock sash with top openers).
THE PROPOSAL
2.1. This application proposes replacement of the shop entrance door and windows on the front elevation. The windows will be fitted with aluminium white double glazing, replacing the single glaze. 2.2. Details of the replacement frames and photographs are submitted in support of the proposal.
PLANNING HISTORY 3.1. The exists other history on the site however this is the only one relevant to this proposal. 3.1.1. 00/02053/B replacement windows to front elevation. Permitted on Review.
PLANNING POLICY 4.1. Site Specific 4.1.1. The site is not impacted by the following constraints, Registered Building, Protected Trees, Flood Zone.
4.1.2. The site is within a Conservation Area, Kirk Michael .
4.1.3. On the Kirk Michael Local Plan (1994) the site is within an area identified as 'General Retail'.
4.1.4. Policy 2.7 of the Written Statement of the Kirk Michael Local Plan (1994) states that whilst some shop fronts had been unsympathetically altered, attempts should be systematically re-designed as and when the opportunity occurs.
4.1.5. In the Draft Area Plan for the North and West, Proposal Map 10 the land is identified as being for 'Mixed Use'. At the time of writing (22.08.2025) the draft area plan for the North and West has yet to be formally adopted. Therefore the 1994 Local Plan remains the correct land use designation. Nevertheless it is considered that the proposal would accord with the proposed land identification.
4.2. Strategic Policy 4.3. Given the above, the following policies and documents from the Isle of Man Strategic Plan 2016 are considered to be relevant in the determination of this application.
4.4. 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
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Area and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
4.5. 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:
(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.
Other Material Considerations
5.1. 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".
5.2. 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.
5.3. 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'.
5.4. 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.
REPRESENTATIONS 6.1. Below is a summary of the representations received, they can be found in full online.
6.2. Local Authority: Michael Commissioners were consulted but at the time of writing this report no comment has been received (22.08.2025).
6.3. Statutory Consultees: The following were consulted but at the time of writing this report no comment has been received (22.08.2025).. 6.3.1. Highways Services; 6.3.2. Manx National Heritage 6.3.3. Registered Buildings
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 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.
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7.1.1. Changing the windows does not have an impact upon any neighbouring properties, therefore the main considerations are whether the proposal at least preserves the character of the property and as such the Conservation Area, anything less is unacceptable.
7.2. The existing windows at first floor level are sliding sash with horns. At present the frames are dark in colour but are proposed in white. There are other windows on the main street in white and the colour would not be detrimental to the site or the conservation area.
7.3. The existing windows at ground floor level in the shop front window and the door are dark and are proposed in white. Again no harm is observed in respect of the colour. The scale and design of the door and the shop window mimic that which exists, therefore no harm is observed.
7.4. There will be slight loss of character as a result of the loss of the single glazing however not to an extent that would warrant refusal. Double glazed units have become common place in conservation areas and accepted.
7.5. The fenestration of all the proposed replacement windows and door reflect the existing and are acceptable.
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 fenestration detail mimics that which exists. There would be slight harm but the proposal would preserve the the character of the shop front and therefore the Conservation Area. Therefore the proposal meets the test of s18(4).
8.2. The proposal accords with the aims and objectives of Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016.
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.
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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.
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I can confirm that this decision has been made by the 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, and/or rights to appeal.
Decision Made : Permitted Date : 22.08.2025
Determining Officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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