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27 October 2014 14/01127/B Page 1 of 4 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/01127/B Applicant : Captain & Mrs Lavis Jones Proposal : Installation of replacement windows and door to dwelling Site Address : Cranford Breeze Hill Laxey Isle Of Man IM4 7DL

Case Officer : Mr Edmond Riley Photo Taken : 16.10.2014 Site Visit : 16.10.2014 Expected Decision Level :

Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE

1.1 The application site is the curtilage of the residential dwelling known as "Cranford", situated high on the Breeze Hill cul-de-sac in Laxey and within - but on the edge of - the Laxey Conservation Area.

1.2 The site is shrouded by mature trees, making is fairly invisible from public viewpoints, with the main view afforded from the river bridge in Laxey itself, and even this is limited to a large extent by mature trees and the distances involved.

2.0 THE PROPOSAL

2.1 Full planning approval is sought for the replacement of four existing windows and a door, all of which serve the kitchen. This elevation is one of the more visible from the public realm.

2.2 Two of the existing timber windows are top-hung casements, while the other two are non-opening lights. The existing door is half-glazed/half-timber with a recessed panel within the lower timber section. It is proposed to replace the existing units with white uPVC versions in exactly the same dimensions. A proposed front elevation (showing the top-hung casements either side of a door) and proposed side elevation (showing the two non-opening units) drawing has been provided, along with example photographs of the intended door and window units.

3.0 PLANNING HISTORY

3.1 The site has not been the subject of any applications that are material to the assessment of the current application.

3.2 It is worth noting that a recent planning application to replace sliding sash windows with casement windows on Shore Road in Laxey (PA 14/00256/B), which was initially refused by the Department, was taken to appeal and the Inspector subsequently recommended that refusal be overturned. The Minister agreed and an approval was issued. In reaching her judgement, the Inspector had regard to the circumstances of the application site and reflected strongly on the fact that casement windows are the predominant style in that immediate vicinity. A copy of this report has been placed on the application file for reference.

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27 October 2014 14/01127/B Page 2 of 4

4.0 THE DEVELOPMENT PLAN

4.1 The site is within an area zoned as "Residential" on the Laxey and Lonan Area Plan Order, although it is fairly surrounded by an area zoned as "Woodland". There are no policies within the Local Plan considered material to the assessment of the current application.

4.2 In terms of Strategic Plan policy, perhaps the key one is Environment Policy 35, which states in full: "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 The provisions of General Policy 2 also apply. It states, in part: "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:

(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".

4.4 Planning Circular 1/98 sets out the Department's policy for of the alteration and replacement of windows. In respect of buildings within Conservation Areas it 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 original. 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 originals, but not necessarily the original method of opening, whatever the material to be used in the construction."

5.0 REPRESENTATIONS

5.1 Laxey Village Commissioners, in correspondence dated 1st October 2014, recommend the application be approved.

6.0 ASSESSMENT

6.1 Since the changes proposed are aesthetic, the key issue to address is whether or not the new windows and door would successfully preserve or enhance the character or appearance of the Conservation Area.

6.2 Essentially the proposal is a "like-for-like" replacement, with the sole change being that of an exchange of timber for uPVC. In far more prominent positions in Conservation Areas, both in Laxey and elsewhere on the Island, uPVC as a material is fairly widely used. In this sense, while timber is always preferred, it is considered that to insist upon uPVC in this location would be unreasonable given its fairly well-hidden siting and the lack of harm that would result from the difference in material is limited.

6.3 There is no record of what the original windows in this dwelling would have looked like. This makes the application of the replacement window policy as outlined in Circular 1/98

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27 October 2014 14/01127/B Page 3 of 4 a little difficult. The same pattern of glazing bars and frame sections should also be sought; this, too, is difficult given the lack of information in respect of the original windows. It must be acknowledged and at least partially welcomed that the proposed windows would match the existing in these matters.

6.4 A recent appeal decision on Shore Road in Laxey (to PA 14/00256/B) addressed similar matters as this, with the Inspector concluding that the application of the above policy has been rather hit and miss in Laxey in recent years such that casement windows now prevail over all other kinds. While this may be true in the Shore Road area, it could not be said to apply to Breeze Hill, which sits in a manifestly different character area within the Conservation Area as a whole. Indeed, Cranford itself sits more or less alone, and the character here is very much that of sparse development in an otherwise heavily-treed environment.

6.5 It would be difficult to sustain an objection on the twin bases that (a) the original opening method and style of the windows cannot be readily discovered, and (b) the site's secluded and heavily-screened location are such that any harm that would result from the installation of windows that might elsewhere and otherwise be considered inappropriate would be consequently limited.

7.0 CONCLUSION AND RECOMMENDATION

7.1 Taking into account the various points in favour and against the proposal as well as the recent appeal decision referred to, it is judged that proposed works would have a neutral effect on the Conservation Area. As such, and on balance, it is considered that an objection to the proposal could not be sustained and the application is therefore recommended for approval.

8.0 INTERESTED PERSON STATUS

8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

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27 October 2014 14/01127/B Page 4 of 4

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

27.10.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : 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: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

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This approval relates to the following, date-stamped as having been received 24th September 2014: the untitled location plan (scale 1:1250), the untitled site plan (scale 1:500), the three photographs carrying the references "1 of 3", "2 of 3" and "3 of 3", the two example photographs showing examples of casement windows and a door carrying the references "Top Opening Casement" and "Door uPVC", and the proposed elevation drawing carrying the reference "Front View" (scale 1:20).

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 29/10/14

Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed : Sarah Corlett

Sarah Corlett

Senior Planning Officer

Signed :... Michael Gallagher

Director of Planning and Building Control

Signed :... Jennifer Chance

Head of Development Management