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24/90962/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/90962/B Applicant : Ms Katharine Whittaker Proposal : Installation of replacement windows to existing dormer windows and lounge window Site Address : Flat 2 Powell House 41 Michael Street Peel Isle Of Man IM5 1HD
Principal Planning Officer: Belinda Fettis Photo Taken :
Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 18.09.2024 __
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 only proposed window detail quote dated 09.02.2024 by Spectrum Windows Ltd "Option 1" which include Sliding Sash windows with horn detail are hereby approved.
Reason: In the interest of preserving the character and quality of the Conservation Area and the individual property.
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), due to the scale and design of the proposed replacement windows, the Conservation Area shall be preserved. Having regard to Planning Policy Statement 1/01, Planning Circular 1/98, the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016, the proposal is acceptable.
Plans/Drawings/Information;
This decision relates to the following detail, plans and drawings received on the 15th of August 2024;
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o Location Plan o Existing photographs and window identification. o Proposed window detail quote dated 09.02.2024 by Spectrum Windows Ltd Option 1 for sliding SASH windows with horn detail. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
DOI Highways - no objection __
Officer’s Report
THE SITE
1.1. The site is within the curtilage of, no. 41 Michael Street, Peel and relates to the address of Flat no.2 which comprises rooms within the roof dormers.
1.2. The property occupies a corner plot where Michael Street meets Factory Lane and Athol Place.
1.3. Within the streetscene there is a mixture of building design and scale, ranging from workers cottage to grand business or home style building. The mix of variations suggest that the buildings are from a variety of historical periods. The overall roof material is natural slate and elevations are a mix of natural stone, brick and smooth render, and some simple facades adjacent to grand facades full of detailed workmanship. Fenestrations vary with some arched tops but the majority are angular, including the where bay windows exist.
1.4. There are few dormers within roofs. The dormer windows subject to this planning application are partially screened by other features within the skyscape due in part to the orientation and close proximity of nearby buildings.
THE PROPOSAL
2.1. Planning approval is sought for the installation of replacement windows 'to existing dormer windows and lounge window' which can be further detailed as follows. All timber windows are proposed replaced with UPVC.
o Replace one kitchen window - top opener with UPVC top opener. o Replace all dormer side windows with UPVC non-opening windows. o Replace all dormer sliding sash windows with UPVC sliding sash windows or casement windows.
2.2. In support of the proposal a statement, photographs and quote dated 09.02.2024 by Spectrum Windows Ltd have been submitted.
PLANNING POLICY
Site Specific
3.1. In terms of local plan policy, the application site is in area designated as 'Mixed Use' under the Peel Local Plan Order 1989. The application site is within the Peel Conservation Area. 3.2. On the Area Plan for the North and West, Draft Proposals Map 7, Peel Town Centre the site is in an area designated as 'Transition Zone' and within a 'Town Centre Boundary'. It must
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be noted at the time of writing, that the draft area plan for the North and West is not formally adopted however the Inspector has completed the Inquiry; The report is anticipated towards the end of September. Therefore at this stage, the Peel Local Plan Order 1989 remain the correct land use designation and no material weight is given to the draft area plan for the North and West. 3.3. The site is not within a flood zone, nor does the site impact upon a Registered Building or protected tree.
Strategic Plan 3.4. In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:
3.4.1. General Policy 2 states: "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; (d) does not affect adversely the amenity of local residents or the character of the locality;
3.4.2. Environment Policy 34 and 35 relate to conservation and state that alterations and extensions are acceptable subject to any adverse impacts.
OTHER MATERIAL CONSIDERATIONS
4.1. It is also important to consider guidance and policy regarding development in Conservation Areas:
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. In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. (Part 6 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 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"
4.4. 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."
4.5. Legislation
4.6. 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".
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4.7. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
4.8. 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 and texture.
PLANNING HISTORY
5.1. Other planning history exists on the site however the following is considered most materially relevant in the assessment of this application.
o 19/00757/B - Installation of replacement windows to two dormer windows. Permitted. (application by previous owner did not include all windows applied for now)
REPRESENTATIONS
6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
Local authority o Peel Commissioners - although consulted on the 22.08.2024, 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.
Statutory Bodies
o Manx Utilities, Electricity - although consulted on the 22.08.2024, 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.
o Manx National Heritage - although consulted on the 22.08.2024, 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.
o Registered Buildings - although consulted on the 22.08.2024, 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.
o DOI Highways no objections 29.8.24
ASSESSMENT
7.1. Principle 7.1.1. The site is within an area designated as 'Mixed Use' under the Peel Local Plan Order 1989 and in the proposed Area Plan for the North and West, Draft Proposals Map 7, as an area designated as 'Transition Zone' and within a 'Town Centre Boundary'. The proposed development is not contrary to either of the designations therefore the proposal accords with the area plan and in principle is acceptable. However because the site is within a Conservation Area, the primary assessment is whether the proposal would preserve or enhance the character of the overall Conservation area.
7.2. Therefore, taking account of the aforementioned policies and statements, the main considerations in assessing this application are considered to be as follows. o Impact upon the Conservation Area o Design
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o Impact upon residential amenity
7.3. Impact upon the Conservation Area
7.3.1. The existing windows in the dormers are timber sliding sash painted white and the proposal is to replace these with UPVC in white sliding sash. The existing kitchen window is a top opener standard angular window frame. Although the applicant has provided photographs, the windows are not considered to be obvious in the streetscene. They are not visible from street level and due to the orientation of the building and others around it, they are not easily visible from any particular viewpoint.
7.3.2. Section 18(4) of the Town and Country Planning Act (1999) states, requires that special attention is paid to the preservation or enhancement of a Conservation Areas character. S.16/18 creates a presumption against approving any development which would conflict with the Act which is afforded considerable weight.
7.3.3. The quotation submitted includes Option 1 for Sliding sash and Option 2 for casement windows and the applicant has provided the detail seeking confirmation as to which is acceptable.
7.3.4. In applying the Statutory test, Option 1 is the preferred and acceptable option because the windows would retain the same fenestration and method of opening it is considered that the replacement would preserve the Conservation Area. Therefore the proposal meets the Statutory test.
7.4. Design
7.4.1. In assessing the design impact, consideration is given to the aforementioned Planning Policy Statement, Circular and Strategic Policies, and the Design Guide.
7.4.2. The applicant has stated that the existing windows are not fit for purpose. Replacements are acceptable in UPVC provided that they have the same method of opening as the originals and include the same pattern and section of glazing bars as the originals.
7.4.3. The replacement windows are proposed in UPVC but have the same openings therefore they acceptable.
7.5. Residential Amenity
7.5.1. The replacement windows are a like for like replacement, therefore no harmful impact is observed upon neighbouring residents.
CONCLUSION
8.1. The proposal is considered to be acceptable in respect of design and visual impact upon the character of the property and the wider Conservation Area. Furthermore no harm is observed to residential amenity.
8.2. For the above reasons the proposal is considered to accord with the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
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
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(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.
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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: 27.09.2024
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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