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The application site is the curtilage of the La Mona Lisa Restaurant, Glen Road, Laxey, which is a two storey, attached property, located on a corner plot with the Glen Road located to the south and Minorca Hill to the north.
The application seeks approval for the replacement of the existing single glazed timber windows with grain affect uPVC double glazed windows.
In terms of local plan policy, the application site is located within an area zoned as "Mixed Use" and within the "Conservation Area" under the Laxey and Lonan Local Plan, 2005. There are two policies within the Laxey and Lonan Area Plan Order 2005 that are considered specifically material to the assessment of this current planning application:
"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and
extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general.”
"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)."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.
"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:
"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."
The following planning applications should be considered relevant in the assessment and determination of this application:
Case – PA 02/01678/B Installation of extraction flue – Refused
Case – PA 03/00198/B Erection of chimney to encase existing extractor flue – Permitted
Case – PA 05/92403/B Installation of a replacement hardwood front door – Permitted
Case – PA 08/01907/B Installation of replacement shop windows – Permitted
The Department of Transport Highways Division have not commented on the proposal.
Laxey Commissioners have approved the development.
Given the nature of the proposed development it is therefore appropriate to assess the proposal against the relevant policies identified earlier within the report.
It is considered that the proposed alterations would be acceptable as it respects the application site and surroundings in terms of the form and design. The design of the proposed grain affect uPVC double glazed windows would be in-keeping with the existing style of the property, with the previously approved application (PA 08/01907/B) incorporating the dark traditional design which would be sympathetic to its setting. As such, the impact of the proposal on the street scene would be acceptable as it ensures that the special features contributing to the character of the building and locality are preserved.
For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Recommended Decision: Permitted
Date of Recommendation: 20.02.2009
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the submitted drawings 00059/1, 00059/2 and Photograph Sheet x1 all received on 16th January, 2009.
C 3. The external finishes of the windows hereby permitted shall match in material, colour and texture those of the existing building.
I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer), GC 55/08 for Advertisements and 69/08 for Registered Buildings.
Decision Made : Permitted Date: 26/2/09
Signed: [Handwritten signature] Acting Senior Planning Officer
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