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24/91140/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91140/B Applicant : Miss Kayleigh Parkinson Proposal : Installation of replacement rear windows, rear and front door Site Address : 5 St Peters Lane Peel Isle Of Man IM5 1AP
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.12.2024 __
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. Due to the rear elevation position, the replacement windows and door would not harm the character of the dwelling or the Conservation Area. Due to the design, the proposed front door would not harm cause undue harm to the character of the dwelling or the Conservation Area.
Having applied the Statutory Test of Section 18(4) of the Town and Country Planning Act (1999) the proposal would preserve and protect the Conservation Area. The proposal accords with Planning Policy Statement 1/01, Planning Circular 1/98, General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and the Design Guide.
Plans/Drawings/Information; This decision relates to the following Plans, drawings and detail received on the 22nd of October 2024.
o Location Plan o Photographs identifying the windows and door (x 8) o RockDoor specifications o Window detail quote by DPM dated 01.05.2024
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Right to Appeal
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It is recommended that the following organisations should NOT be given the Right to Appeal:
o Highways Services - No objection
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Officer’s Report
THE SITE 1.1. The application site relates to the curtilage of no.5 St Peters Lane, a dwelling on St. Peters Lane in Peel. The stone terraced building fronts onto St. Peters Lane with no amenity space between the front elevation and the public road.
1.2. The overriding character of this group of dwellings is the stone façade and fenestration of sliding sash Georgian style windows, and narrow window above the front doors. The dwellings are diminutive in comparison to the buildings close by.
1.3. Castle street gardens are opposite the site.
1.4. St Peters Lane slopes down, westwards towards Peel harbour. At the top of the lane are a pair of rendered semis and at the bottom of the lane, attached to the stone terrace a large rendered building comprising flats.
THE PROPOSAL 2.1. Planning approval is sought for the installation of replacement windows on the rear elevation, the rear door and front door.
2.2. In support the applicant has submitted numbered photographs of the existing windows and doors with a corresponding numbered replacement specification.
2.3. The windows on the rear are mostly 50/50 split top opening casement windows. Frame no.6 is a single pane casement. Frame no.3 is not visible in the photographs because access to that window can only be gained through the garden of the property next door; a downstairs toilet window.
PLANNING POLICY Site Specific 3.1. The site is not within a flood zone, nor does the site impact upon a Registered Building or protected tree.
3.2. The application site is located within the Peel Conservation Area.
3.3. The site is designated on the Peel Local Plan 1989 as "Mixed Use". In the Draft Area Plan for the North and West, on Proposals Map 6, the site is in an area designated as "High Street". It must 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 and the proposal is waiting for Tynwald approval. However until adoption the Peel Local Plan Order 1989 remains the correct land use designation and no material weight is given to the draft area plan for the North and West.
3.4. 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:
Strategic Plan
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3.5. In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this planning application:
3.6. 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.
3.7. Environment Policy 34 and 35 relate to the preference for the use of traditional materials and conservation of a site and surroundings to ensure that alterations do not result in any adverse impacts.
OTHER MATERIAL CONSIDERATIONS 4.1. Development in Conservation Areas must take into consideration the following.
4.2. 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."
4.3. 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."
4.4. Legislation 4.5. Section 16(3) of the Town and Country Planning Act (1999) states, "In considering - (a) whether to grant planning approval for development which affects a registered building or its setting, or (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses".
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".
Given that the site is within a within Conservation Area the above requirements apply and appropriate consideration will be given in the assessment.
4.7. Design Guide (2021), Section 5 (Architectural Details), 5.2 (Windows and Doors).
Planning History 21/00848/LAW installation of windows and roof lights. Accepted.
REPRESENTATIONS 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
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Local authority o Peel Town Commissioners - although consulted on the 25.10.2024, 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 National Heritage - although consulted on the 25.10.2024, 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 Highway Services - No interest (01.11.2024).
o Registered Buildings - although consulted on the 25.10.2024, 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.
ASSESSMENT 7.1. Principle 7.1.1. The principle of replacing windows in a Conservation Area is generally acceptable provided the replacement windows protect or enhance the character of the Conservation Area. Therefore the key considerations are whether the proposal protects and or enhances the character of the dwelling and therefore the Conservation Area.
7.2. Impact upon the dwelling
7.2.1. In respect of the windows, the prominent windows are those on the front elevation which are Georgian style sliding sash. The windows on the rear are not readily visible from a public thoroughfare and apart from frame no.1, the replacement windows are of the same opening to that which exists.
7.2.2. In respect of the doors. The rear door is not in any public view. Loss of the timber front door is regrettable however the proposed replacement design is considered to replicate the existing.
7.3. Impact upon the Conservation Area
7.4. In respect of windows and doors, within the Conservation Area it is only the front façade that could cause harm to the Conservation Area.
7.5. As stated at paragraph 7.2.2, loss of the timber door is regrettable however it causes no harm to the character of the dwelling. Therefore it is considered that overall there is no undue harm caused to the Conservation Area as a result of the replacement door. Therefore the proposal is considered to meet the test of Section 18 (4) of the Town and Country Planning Act (1999) by preserving the Conservation Area.
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. 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 and the wider Conservation Area. 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 Design Guide.
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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.
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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: 10.12.2024
Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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