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15/00617/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/00617/B Applicant : Emma Measures Proposal : Installation of replacement windows to front elevation Site Address : Glen Cottage Glen Road Laxey Isle Of Man IM4 7AJ
Case Officer : Mr Edmond Riley Photo Taken :
Site Visit : 25.06.2015 Expected Decision Level :
Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site is the curtilage of Glen Cottage, Glen Road, Laxey. The cottage is a two storey, traditional Manx dwelling house built pre 1921. The cottage is characterised by 7 windows, a porch on the front, and a pitched Manx slate roof with three chimney stacks. The walls have been rendered on all sides and painted in cream colour. The windows are top-opening casements but offer a Georgian glazing bar pattern and proportion; these windows are not, however, lawful, and were installed in replacement of the previous timber sliding sash units of similar glazing bar pattern. An enforcement notice to replace these windows with a timber, sliding sash version remains in place.
1.2 The cottage is located within a predominantly residential area, consisting of a mixture of traditional-style Manx dwellings and more modern housing. The cottage's frontage is located immediately on the edge of the main highway in lower Laxey, Glen Road. It is one of a number of residential dwellings that are sited immediately adjacent to the highway along Glen Road; however, at this particular point along the road, this and the adjacent property to the south east are the only two.
1.3 The application site overlooks the side elevation of Figtree Cottage and Osborne Cottages, and their adjoining gardens, on the other side of Glen Road from its front elevation. The application site's curtilage borders more contemporary housing to its rear and northwestern side elevations, which are further set back from the road by approximately 4 metres. A similar, pre-1921 property is located 3 metres from the south-eastern side elevation and is also situated on the edge of the highway.
2.0 THE PROPOSAL
2.1 Full planning approval is sought for the installation of replacement windows to the front elevation; these are identical in size and would be uPVC sliding sash units and offering Georgian glazing bars. A drawing of the windows was subsequently sought and provided, and they would be finished in flat white rather than woodgrain. The drawing shows the windows as having a decorative horn on each side of the transom.
3.0 PLANNING HISTORY
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15/00617/B
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3.1 The surrounding sites to the application site has been the subject of a number of previous planning applications, the following of which are considered specifically material to the assessment of this current planning application:
o PA 11/01641/B - Installation of replacement windows (Retrospective) o PA 10/00790/B - Installation of replacement windows to side elevation - APPROVED o PA 04/01572/B - Replacement white finish UPVC sliding sash windows with external glazing bars - APPROVED. o PA 00/00442/B - Installation of UPVC windows to replace existing - REFUSED. o PA 98/02082/B - Extension to dwelling and installation of replacement windows - APPROVED. o PA 95/01427/B - Replacement UPVC windows and door - REFUSED.
3.2 As noted, an enforcement notice remains in effect on the site. The relevant elements of that notice read as follows:
The steps to be taken to remedy the breach: "The reinstatement of timber sliding sash windows comprising 6 over 6 lights."
Time for Compliance with this notice: "The period by the end of which the steps specified above are required to be taken 5 years from the date on which this notice takes effect."
Time at which this notice takes effect: "This notice takes effect, on the expiration of 28 days after services, on any person on whom a copy of it is served unless before that date an appeal is lodged in accordance with Part 2 of Schedule 4 to the Town and Country Planning Act."
The Notice(s) were posted to the Coroner on 1st February 2013, asking him to serve them; he advised they were served to both the dwelling's owners at 6:25pm on 11th February 2013.
The enforcement notice gave a deadline for the new windows to be installed as 11th March 2018.
4.0 PLANNING POLICY
4.1 The application site falls within an area designated for predominantly residential use under the Laxey and Lonan Area Plan Order 200; it also falls within the Laxey Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
4.2 The Isle of Man Strategic Plan contains two policies that are considered specifically material to the assessment of this current planning application. General Policy 2 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''.
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15/00617/B
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4.3 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."
4.4 Moreover, Planning Circular 1/98, The alteration and replacement of windows, the policy for Category B '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 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."
5.0 REPRESENTATIONS
5.1 Laxey Village Commissioners recommended the application be approved 1st July 2015.
6.0 ASSESSMENT
6.1 The property on the application site is in a prominent location as it sits on the edge of the highway and is in a Conservation Area. Therefore, it is considered necessary that the proposal should enhance or maintain the character and appearance of the site and surrounding area - as outlined in Environment Policy 35 of the Isle of Man Strategic Plan and Policy L/CRB/PR/4 of the Laxey and Lonan Local Plan 2005.
6.2 The applicant has stated the original style of the windows prior to their replacement were timber framed and sliding sash; however, the replacement windows do not replicate the opening-method and therefore is in contrary to the policy for Category B buildings in Planning Circular 1/98. It is for this reason that the previous, retrospective application on the site was refused - the decision being upheld at appeal. Evidently, the existing windows are wholly inappropriate for the dwelling but, since they remain unlawful, no weight can be given to their appearance: the key issue is whether or not the proposed windows would preserve or enhance the character or appearance of the dwelling when assessed against the windows previously in place.
6.3 It is generally accepted that uPVC material is an acceptable replacement for timber, albeit that the latter remains both preferable and available, and more so that such material has been - and continues to be - found acceptable in Conservation Areas.
6.4 The glazing bars and opening style of the proposed windows match those previously in place at Glen Cottage. It is therefore considered that the proposal meets the relevant policies of the Development Plan, and an objection to the application could not be sustained.
6.5 The proposed finishing of the window is acceptable although there is no right or wrong way to approach uPVC finishing in such a location. However, the decorative horn is not an appropriate feature for a Georgian window unless in quite specific circumstances; given that the previous windows in situ did not have these horns it is not considered that they would be appropriate on their replacements.
7.0 RECOMMENDATION
7.1 It is recommended that planning approval should be granted.
8.0 INTERESTED PERSON STATUS
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15/00617/B
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8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
o The applicant, or if there is one, the applicant's agent; o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested, and o The local authority in whose district the land the subject of the application is situated.
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15/00617/B
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Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.07.2015
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 11th March 2018.
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.
C 2. Notwithstanding the approved drawing, the installed windows shall not have decorative horns.
Reason: Generally with respect to Georgian windows, decorative horns are an inappropriate historical anachronism and, in view of the fact that the windows previously installed on the dwelling had no such horns, it is appropriate to require that any new windows are similarly simple in form and design.
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The development hereby approved relates to the following plans, date-stamped as having been received on 2nd July 2015 and 10th July 2015: the Location Plan and the Window World (IOM) Limited drawing (scale 1:100).
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 : 22.07.2015
Determining officer (delete as appropriate)
Signed :... Chris Balmer
Senior Planning Officer
Signed :... Sarah Corlett
Senior Planning Officer
Signed : Michael Gallagher
Michael Gallagher
Director of Planning and Building Control
Signed :... Jennifer Chance
Head of Development Management
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