Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91196/B Applicant: Mr Bernard Albert Cain Proposal: Installation of replacement window to front elevation Site Address: 3 Stanley Mount Peel Isle Of Man IM5 1NE Planning Officer: Vanessa Porter Recommended Decision: Permitted Date of Recommendation: 21.11.2024 _________________________________________________________________

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 window is deemed acceptable in terms of its form, mass and design which will ultimately preserve the overall Conservation Area and Streetscene, as such the proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 18th October 2024;

• o Location Plan
• o Proposed Sliding Sash Window
• o Site Photo with annotation
• o Window Specification. _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection

Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of No. 3 Stanley Mount which is a two storey mid terrace property situated to the North of Stanley Mount Road. The property currently has sliding sash windows within the front elevation. THE PROPOSAL - 2.1 The current planning application seeks approval for the replacement of the double sliding sash window to the ground floor level with a like for like uPVC replacement. PLANNING HISTORY - 3.1 There are two previous applications which are relevant to the assessment of this application;

• PA01/00807/B - Installation of uPVC windows to replace existing - Refused at Appeal
• PA02/01732/B - Installation of uPVC sliding sash windows and door to replace existing to front elevation - Split Decision

PLANNING POLICY

4.1 The site lies within an area zoned as "Mixed Use" on the Peel Local Plan 1989 Map. The site is not situated within a Flood Risk Zone but is situated within a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. - 4.3 Also relevant to the assessment of the application is General Policy 2 of the Isle of Man Strategic Plan 2016 which sets out "development control" considerations, the Residential Design Guidance 2021 and Planning Circular 1/98.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "No Highways Interest." (24.10.24) - 5.3 No comments have been received from Peel Town Commissioners at the time of writing this report. (21.11.24)

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test - Character
• - Section 18(4) test - Appearance 6.2 SECTION 18(4) TEST - CHARACTER

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
• 6.2.2 When looking at the proposal, it is replacing the existing window with like for like, as such there would be no impact upon the existing character of the streetscene in relation to the Conservation Area.

- 6.3 SECTION 18(4) TEST - APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area. Planning Circular 1/98 states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows are recognised as an acceptable alternative to timber, which will preserve the Conservation Area. CONCLUSION
• 7.1 It is concluded that the proposal complies with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01. Although the frame materials are not traditional, as required by Environment Policy 34, they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area. 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);
• 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. _____________________________________________________________________________________________________

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: 21.11.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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