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24/90925/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/90925/B Applicant : Ms Sarah Shaw Proposal : Installation of ten replacement windows and two replacement doors Site Address : Newholme Cottage Rencell Laxey Isle Of Man IM4 7BW
Planning Officer: Toby Cowell Photo Taken : Site Visit :
Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.10.2024 __
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 proposed replacement fenestration is considered to preserve the character and appearance of the existing dwelling and Conservation Area as they replicate the current windows would therefore comply with S18 of the Town and Country Planning Act 1999 and General Policy 2 and Environment Policy 35 of the Strategic Plan (2016).
Plans/Drawings/Information; This approval relates to the following drawings and documents referenced;
Location plan Site photos document Proposed window and door detail document Trade detail document Received 02.08.24 __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Garff Parish Commissioners - No objection
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24/90925/B Page 2 of 4
Department of Infrastructure Highway Services - No objection __
Officer’s Report
1.0 THE SITE 1.1 The application site relates to the property and associated curtilage of Newholme Cottage, a two-storey detached traditional styled dwellinghouse situated on the northern side of Rencell, Laxey. The property forms part of a small row of three dwellings which are accessed via a single track extending northward from the road, with the subject property comprising the end dwelling in this row.
1.2 The dwelling is notably present on historic mapping dating from the 1860s and appears to largely retain its original form and appearance. It is noteworthy however that the original doors and windows are now longer in situ, and appear to have all been entirety replacements with modern uPVC replacements.
2.0 THE PROPOSAL 2.1 Planning permission is sought for the replacement of 10 no. windows (primarily uPVC top openings casements) and 2 no. doors (front and back). The replacement windows would also consist of top hung uPVC casements examples, with a fully uPVC glazed replacement back door with a central thick segregating bar. The proposals further include a replacement dark grey coloured composite four panelled front door, with decorative glazed upper panels and a fan light above.
3.0 PLANNING HISTORY 3.1 96/01358/B - Replacement uPVC double glazed windows and doors - Permitted
4.0 PLANNING POLICY 4.1 The site lies within an area zoned as 'predominantly residential' within the Area Plan for the East (2020) within the settlement boundary of Laxey, whilst also falling within the Conservation Area.
4.2 General Policy 2 of the Strategic Plan 2016 requires development, amongst other things, to be of a suitable design so as to respect the site and its surroundings to not adversely affecting the character of the surrounding landscape or townscape; to safeguard the amenities of surrounding residential properties and ensure adequate parking provision.
4.2 Environment Policy 35 of the Isle of Man Strategic Plan 2016 states, "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 following policy details the approach to replacement windows to buildings in Conservation Areas:
"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 originals, but not necessarily the original method of opening, whatever the material used in their construction."
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5.0 REPRESENTATIONS 5.1 Garff Parish Commissioners - No objection. (05.09.24)
5.2 Highway Services - No highways interest (09.08.24)
5.3 Manx National Heritage - No response received at the time of writing.
5.4 Registered Buildings Officer - No response received at the time of writing.
6.0 ASSESSMENT 6.1 The replacement window fenestration effectively constitute a like for like replacement of the existing; all of which are notably not original to the dwelling and likely installed following the previous grant of planning permission in 1996. The proposed replacement windows would largely mirror the design, form and opening method of the existing and therefore not detract from the character and appearance of the property.
6.2 Likewise, the proposed replacement rear door is comparable to the existing, whilst the replacement front door would constitute a marginal visual improvement relative to the existing with a more traditional four panelled configuration.
6.3 On the basis of the above, the proposals would successfully preserve the character and appearance of the existing dwelling and its relationship with that of the wider Conservation Area. The proposals are therefore considered to be acceptable in design terms, in compliance with General Policy 2 and Environment Policy 35 of the Strategic Plan.
7.0 CONCLUSION 7.1 The proposed replacement fenestration is considered to be acceptable from a design perspective without detriment to the character and appearance of the Conservation Area, in compliance with General Policy 2 and Environment Policy 35 of the Strategic Plan (2016), and therefore recommended for approval.
8.0 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); 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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8.5 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 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 and/or rights to appeal.
Decision Made: Permitted Date: 04.10.2024
Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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