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Application No.: 15/00848/B Applicant: Mr Nasir Amanay Proposal: Installation of new shop frontage Site Address: Elan House 1 - 2 Bay View Road Port St. Mary Isle of Man IM9 5AE Case Officer : Miss Melissa McKnight Site Visit: 20.08.2015 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Elan House, a two storey, with roof accommodation, corner building located on the south western side of Bay View Road in Port St Mary. The site also lies within the proposed Port St Mary Conservation Area. - 1.2 The application building is a restaurant to ground floor with living accommodation above. Adjoining the application building to south is the Co-operative store. To the north of the application site is Lewthwaites Way comprising a number of residential units.
2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the installation of a new shop frontage. - 2.2 It is proposed to remove the existing windows on the north eastern elevation of the building and install new UPVC framed three panelled windows either side of an existing door. The new window to the south east of the door would comprise a white panel in the end pane. It is also proposed to remove the existing door and install a new clear glazed door. - 2.3 The proposal also comprises the removal of the existing large window on the north western elevation and the installation of double doors with side lights and upper lights in its replace. The adjacent window would also be replaced with a like-for-like albeit the proposed window would have a central opening upper light. - 2.4 All lower glazing of the new windows would be obscured with etching of the name of the restaurant as the existing windows. - 2.5 Whilst there is advertising shown on the drawings it is etched lettering within a window. It is also important to acknowledge that the etching would be no different to the existing situation and it would not be expedient or in the public's interest to seek express consent for the lettering. As such it is considered that under the description of advertisements in the Town and Country Planning Act 1999, no specific approval is required for the lettering itself.
3.0 PLANNING HISTORY - 3.1 Planning approval was granted in 2006 under PA 06/01160/B for the conversion of former ground floor car sales room into a restaurant and take away. Most recently, consent was granted in 2009 under PA 08/02327/D for an awning with advertisement.
4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site lies within an area zoned as Mixed Use under the Area Plan for the South 2013. As previously mentioned, the site also lies within the proposed Port St Mary Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered materially 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 Plan will normally be permitted, provided that the development:
Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
4.3 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:
"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 originals, but not necessarily the original method of opening, whatever the material used in the construction."
5.0 REPRESENTATIONS - 5.1 Port St Mary Commissioners have no objection to the current planning application (10/08/2015).
6.1 The building is within a prominent position within the street scene and as such the fundamental issue to consider in the assessment of this current planning application is the visual impact of the development on the street scene and proposed Conservation Area. - 6.2 Bay View Road is characterised by a mix of shop frontages, varying in finish, colour and style. The existing shop front is made up of large double and single pane windows of clear glazing. - 6.3 At present the large windows dominate the application building and are not considered to be overly attractive. The proposed windows on the north eastern elevation would break up the existing bland large expanse of glazing and offers a much more pleasant appearance to the building and also give a balanced appearance to the north eastern elevation. - 6.4 The replacement of the existing northwest elevation window with the double doors is deemed acceptable. This element of the proposal creates an elegant and inviting entrance to the restaurant. - 6.5 The replacement of the existing window on the northwest elevation is judged unobjectionable. The proposed window would not only have the same glazing bar pattern as the window it would replace but would also match the existing windows of the building. - 6.6 Although the replacement windows would be UPVC, the use of UPVC is not uncommon in the area at either ground or upper floor level of buildings and therefore the material of the proposed windows and double doors would not be out of keeping or appear incongruous within the street scene. - 6.7 Of concern is the proposed white panel of the proposed window to the south of the existing door on the north eastern elevation. It is considered that the white panel would appear unattractive in the street scene particular next to the Co-operative store which is currently undergoing refurbishment. - 6.8 The Co-operative store has just received planning approval granted for the alterations to the shop front, installation of replacement door and replacement goods entrance lighting under PA 15/00758/B. The proposal included finishing all white areas on the shop front, including the window and door frames, in a traffic grey matt colour. Bearing this in mind, and taking into account the black fascia boards of the application building it was judged that the white panel should be finished in a grey colour as to limit its visual appearance in the street scene and to provide a more success integration with the neighbouring unit and the fascia boards of the application building. - 6.9 The applicant's agent was contacted regarding this matter and they confirmed in an email dated 26/08/2015 that they don't see a problem with the colour of the fixed panel and could the finished colour of the panel be made a condition. Therefore, should the planning application be permitted then a condition should be attached ensuring that the proposed whit panel should be finished in a grey colour in the interests of visual amenity. - 6.10 Overall, it is considered that the shops along Bay View Road add their own individual character to the area and the proposed new shop front for the application building would be an acceptable form of development.
7.0 RECOMMENDATION - 7.1 For the reasons set out above, it is concluded that the planning application accords with the provisions set out in General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan and Planning Circular 1/98 and is therefore recommended for approval.
8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Recommendation Recommended Decision: Permitted Date of Recommendation: 27.08.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
This approval relates to DRG No NA/322/A and window details both date stamped as received 24th July 2015.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Director of Planning and Building Control.
Decision Made : Permitted Date : 28.08.2015 Determining officer
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