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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : Applicant: Proposal: 14/00307/B Fistard Property Investments Limited Installation of replacement windows to front, side and rear elevations and erection of balustrade over garage 8-10 Church Road Port Erin Isie Of Man IM9 6AQ Site Address: Case Officer: Photo Taken : Site Visit: Expected Decision Level: Miss Melissa McKnight 16.01.2014 16.01.2014 Officer Delegation Officer's Report 1.0 THE APPLICATION SITE The application site is the curtilage of Nos. 8 and 10 Church Road, two three storey terraced buildings located at the end of a row of four buildings on the southern side of Church Road in Port Erin. 1.1 The row of buildings that adjoin the application site and Balmoral House, located at the junction with Station Road, are of similar form and have a maintained a traditional Victorian appearance throughout particularly at first and second floor level. 1.2 No. 8 Church Road currently comprises a Post Office with No. 10 Church Road currently operating as a second hand clothing store. Both buildings have living accommodation on the first and second floors. 1.3 1.4 Church Road contains a variety of buildings of mixed form and appearance. Adjacent to the application site is St Catherine's Church. 2.0 THE PROPOSAL The planning application seeks approval for the installation of replacement windows on the front and rear elevation of No. 8 and No.10 Church Road, installation of replacement windows on the ground, first and second floor of the western side elevation of No. 8 Church Road, the installation of a new UPVC door to the first floor rear elevation and the erection of balustrade over the existing garage and the replacement of the existing garage door to the rear of No. 8 Church Road. 2.1 The existing front elevation windows would be replaced with white UPVC framed sliding sash windows. The replacement windows on the side elevation of No. 8 Church Road would be fixed with no opening lights and the first and second floor windows would be top opening casements as would the rear elevation window replacements. The garage door to the rear of No. 8 Church Road would be replaced with a sectional panel up and over door. There would be no alterations made to the ground floor shop fronts. 2.2 The final element of the proposal is to instaii a metai balustrade over the existing garage to provide guarding and improve the fire escape access from the two apartments on the first and second floor level. 2.3 Page 1 of 6 14/00307/B 25 April 2014

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Drawing no, 1232.1 details that the existing balustrade leading from the first floor fire escape may be replaced subject to an engineers appraisal. Should this be the case and the planning application be approved, a condition would be attached to the approval ensuring that this section of balustrade matches the existing. However, should the balustrade be different to the existing then planning permission would have to be sought. 2.4 3.0 PLANNING HISTORY The most recent planning application for No. 8-10 Road was for installation of replacement windows, removal of five chimney stacks, and the erection of balustrade over the existing garage to the rear of No. 8 Church Road. Under this scheme, the existing first and second floor windows on the front, side and rear elevations would be replaced with white UPVC framed top opening casements. This previous planning application was refused on the grounds that the installation of top opening casement windows to replace the first and second floor front elevation siiding sash windows of No. 10 Church Road and second floor front elevation sliding sash windows of No. 8 Church Road would not preserve or enhance the character and appearance of the existing building, street scene of Church Road or the proposed Port Erin Conservation Area which would be contrary to Environment Policy 35 of the Isle of Man Strategic Plam. Secondly, the casement windows in the first and second floor of the front elevations would not have the original method of opening and therefore would be contrary to Planning Circular 1/98 and thirdly, the removal of the chimneys would represent the loss of a special feature which contributes toward the character of the application site buildings and terrace and would therefore undermine the appearance of the row of buildings which are located within the proposed Port Erin Conservation Area. 3.1 3.2 Prior to this, planning permission was granted in 1995 for the provision of advertising sign in 1995 which was granted planning permission under PA 95/00325/D. Previous to this, planning permission was granted for the replacement of a shop front to No. 8 Church Road in 1992 under PA 92/00911/B and preceding this, planning permission was granted for the alterations to the shop front of No. 10 Church Road in 1987 under PA 87/01551/B. No. 14 Church Road was granted planning approval for the installation of replacement windows, removal of a chimney stack at the front of the building and the demolition of outbuildings within the rear yard to create vehicular parking space under PA 13/00222/B in 2013. Tlie Case Officer stated that the chimney did not add a particular interest to the property or street scene and considered that its removal would be acceptable. 3.3 4.0 PLANNING POLICY In terms of local plan policy, the application site is in an area designated as Mixed Use under the Area Plan for the South 2013. The site also lies within the proposed Port Erin Conservation Area, 4.1 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically relevant to the assessment of this current planning application: 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 Pian will normally be permitted, provided that the development: is in accordance with the design brief in the Area Plan where there is such a brief; respects the site and surroundings in terms of the siting, layout, scale, form, design landscaping of buildings and the spaces around them; does not affect adversely the character of the surrounding landscape or townscape; (a) (b) and (c) 25 April 2014 14/00307/B Page 2 of 6

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does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; does not affect adversely public views of the sea; Incorporates where possible existing topography and landscape features, particularly trees and sod banks; does not affect adversely the amenity of local residents or the character of the locality; provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and (d) (e) (0 (g) (h) manoeuvring space; does not have an unacceptable effect on road safety or traffic flows on the local (i) highways; 0) can be provided with all necessary services; does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; is not on contaminated land or subject to unreasonable risk of erosion or flooding; takes account of community and personal safety and security in the design of buildings and the spaces around them; and is designed having due regard to best practice in reducing energy consumption." (k) (I) (m) (n) Environment Policy 35 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," 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: 4.3 "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." 5.0 REPRESENTATIONS Port Erin Commissioners have no objection to the current planning application. 5.1 6.0 ASSESSMENT Given the level and nature of development proposed and the location of the application site it is imperative to consider the impacts of the proposal on the street scene of Church Road and the character and quality of the proposed Port Erin Conservation Area and what impact the proposed alterations would have on the appearance of the application site building. 6.1 No. 8-10 Church Road currently has a mix of windows installed. The front elevation of No. 10 Church Road, at first and second floor level, has retained traditional sliding sash windows whereas No. 8 Church Road has had casements installed at the first floor level. The second floor of No. 8 Church Road has still retained sliding sash windows. The rear elevations of both buildings have a mix of windows varying from sliding sash, casements and side 6.2 25 April 2014 14/00307/B Page 3 of 6

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opening windows. Environment Policy 35 states that development within a Conservation Area will only be permitted if the development would preserve or enhance the character or appearance of the area. Although the application site is not within a Conservation Area, the area is within a proposed Conservation Area. 6.3 As previously stated. No. 10 Church Road has retained timber framed sliding sash windows on the front elevation and there appears to be no planning history relating to the windows installed on the first floor of No. 8 Church Road. It is therefore assumed that the original windows have been replaced without planning permission. 6.4 The application site is located in a prominent location within the street scene and therefore any proposed alterations should be sympathetic to its existing appearance. The proposed replacement windows to the front elevation would be sliding sash and would therefore replicate the original method opening and style. Whilst they would not be timber framed, Church Road is made up of buildings with predominantly UPVC framed windows. The proposed replacement windows are considered to be sympathetic and are not judged to have a detrimental impact on the appearance and character of No. 8 and No, 10 Church Road or deter from the locality. 6. 5 6. 6 Planning Circular 1/98 states that if the original windows are in place then 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. The replacement front elevation windows accords with the above policy as the replacement windows would have the same method of opening as the originals. The second section of Planning Circular 1/98: The Alteration and Replacement of Windows states that 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. Although the proposed replacement windows would not have the same or similar pattern of glazing bars, what is proposed would afford a uniformed appearance of the rear elevation. Although the windows would be seen from those using the rear lane, what is proposed under this scheme would offer a tidy and uniformed window appearance to the rear of these two adjoining buildings. 6.7 6. 8 In addition to the above, the proposed replacement side elevation windows are considered to have a minimal, if any, impact on the character or appearance of the street scene as they would only partially be visible from Church Road. 6. 9 The installation of the balustrading above the existing flat roofed garage is considered to be a fairly minimal form of development and is not judged to impact upon public amenity or the visual amenity of the locality. 6.10 As previously mentioned, the application site is within a proposed Conservation Area where there has been identified special architectural or historic interest and where the character of the area is found desirable to either preserve or enhance. The development proposed under this scheme is considered to enhance the character and appearance of the area as there would be a uniformed window appearance and layout throughout with traditional sliding sash windows re-instated on the front elevations of No. 8 and No. 10 Church Road. 7.0 RECOMMENDATION 25 April 2014 14/00307/B Page 4 of 6

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It is recommended that the planning application be permitted. 7.1 8.0 PARTY STATUS The local authority, Port Erin Commissioners, is by virtue of the Town and Country Planning (Development Procedure) (No. 2) Order 2013, paragraph 6 (4)(e), considered "interested persons" and as such should be afforded party status. 8.1 8.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) paragraph 6 (4)(d). Recom mendation Recommended Decision: Permitted Date of Recommendation: 25.04.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. To comply with article 14 of the Town and Country Planning (Development C 2. Should the existing metal balustrade leading from the first floor rear exit have to be replaced, the new metal balustrading must match that of the existing. N 1. If the balustrade leading from the first floor rear exit is to be replaced with balustrade that does not match the existing, a planning application has to be submitted to regulate the development. This approval relates to Location Plan and Site Plan and Drawing no. 1232.1, 1232.2 and 1232.2 Revision 2 date stamped as received on 12th March 2014, 14/00307/B 25 April 2014 Page 5 of 6

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I confirm that this decision accords with the appropriate Government Circuiar deiegating functions to Director of Pianning and Buiiding Control /Head of Development Management Senior Planning Officer. Decision Made: Permitted Date: Determining officer (delete as appropriate) Signed :... Sarah Corlett Senior Pianning Officer Signed :... Chris Balmer Senior Planning Officer Signed : Michael Gallagher Signed ;... Jennifer Chance Director of Planning and Buiiding Control Head of Development Management Page 6 of 6 14/00307/B 25 April 2014