Loading document...
==== PAGE 1 ====
25/90340/B
Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90340/B Applicant : Kirree Norton Proposal : Replacement of windows Site Address : 8 Lyndale Avenue Peel Isle Of Man IM5 1JY
Planning Officer: Russell Williams Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.05.2025 __
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. The proposal complies with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and is supported. 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.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 31 March 2025:
Location Plan Rooflight information Photographs LD Glazing window details __
Right to Appeal
No RtA __
==== PAGE 2 ====
25/90340/B
Page 2 of 5
Officer’s Report
1.0 THE SITE
1.1 The application site relates to 8 Lyndale Avenue, Peel, a mid-terraced dwelling situated on the south eastern side of the highway and on the edge of Peel Conservation Area. 1.2 Lyndale Avenue presents a single terrace to its highway; to the northwest lies an expanse of open space at St Germans Church. The entire terrace is red brick at ground floor level with white or cream render at the first floor, and each dwelling is has asbestos slate tiling and a prominent chimney. Another common feature to all dwellings are square bay windows and a front yard and rear garden. case.
1.3 Internally at ground floor level, the dwelling provides for a lounge, dining room, hallway and WC; a single storey extension provides open plan kitchen and family space. At first floor level are three bedrooms and bathroom. The roof space is accessible and appears to be used for storage.
2.0 THE PROPOSAL
2.1 The application also seeks approval to replace all existing windows with uPVC casements finished primarily in dark rosewood brown, with two anthracite grey windows to the rear. A replacement conservation style rooflight is also proposed.
3.0 PLANNING POLICY
3.1 The site lies within an area designated as Predominantly Residential Use on 1982 Development Plan South Map and 1989 Peel Local Plan. The site is within Peel Conservation Area but is not within an Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone.
3.2 General Policy 2 of the Strategic Plan is considered applicable, which 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (g) does not affect adversely the amenity of local residents or the character of the locality; (n) is designed having due regard to best practice in reducing energy consumption."
3.3 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 Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
4.0 OTHER MATERIAL CONSIDERATIONS
4.1 Planning Circular 1/98 provides guidance on the replacement of windows and in Conservation Areas states that whatever the frame material, the method of opening on windows visible by the public must replicate the original.
5.0 PLANNING HISTORY
13/91112/B - Erection of an extension to rear elevation of dwelling - Permitted
==== PAGE 3 ====
25/90340/B
Page 3 of 5
24/91158/B - Construction of dormer window to rear, replacement windows and construction of outbuilding - Refused
6.0 REPRESENTATIONS
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Peel Commissioners - No comments received.
DOI Highway Services - No Highways Interest.
6.2 No representations have been received from local residents.
7.0 ASSESSMENT
7.1 The main issues to be considered in the assessment of this application are the impact of the proposed development upon the character and appearance of the dwellinghouse and the immediate setting and Conservation Area.
CHARACTER AND APPEARANCE OF THE AREA
7.2 The application site is located within a mid-point along the single terrace of dwellings that form Lyndale Avenue.
7.3 The application site and extent of Lyndale Avenue and gardens associated with the terrace of dwellinghouses is located within the Peel Conservation Area (CA). The relatively unspoilt nature of the original terrace, makes a positive contribution to the character and appearance of the CA. Development that has been permitted within the terrace is generally limited to small single storey extensions to the rear, replacement windows and two dormer windows present at no's 2 and 4, only number 4 appears to benefit from planning permission, granted on 3/1/2012 pursuant to application 11/01650/B.
7.4 Environment Policy 35 states that development proposals must preserve or enhance the character and appearance of the Conservation Area, including those features that contribute towards its character and quality. General Policy 2 states that proposals should "(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;"
7.5 The proposed windows are in keeping with the general appearance of those already present on the property and neighbouring dwellinghouses.
7.6 Whilst the materials are not traditional, it is already established within the terrace that uPVC can have an acceptable appearance and the proposal is in keeping with the immediate setting. The lead and stained glass to the ground floor front windows is not being retained, with plain glazing proposed. There is a mix of properties in the terrace both with and without lead work and elements of stained glass so this would not the setting a precedent of any sort. The pattern of glazing, bars and means of opening replicate the existing casements and so the only difference is the removal of the lead work and stained glass, which is not traditional in form and will not give rise to an unacceptable visual impact. Alterations to the windows as proposed was not raised as an issue with the previously refused application, 24/91158/B and the same conclusion is reached here.
==== PAGE 4 ====
25/90340/B
Page 4 of 5
7.7 The replacement rooflight proposed to the front roof slope of the dwelling will be a conservation style frame, sitting flush with the roof slates. It will protrude less above the slates than the existing rooflight and is considered to offer betterment as a result.
8.0 CONCLUSION
8.1 It is concluded that the proposal complies with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and is supported. 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.
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. __
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: 28.05.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
==== PAGE 5 ====
25/90340/B
Page 5 of 5
Customer note
This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.
Copyright in submitted documents remains with their authors. Request removal