Officer Planning Report

Planning Report And Recommendations {{table:490636}} ### Considerations {{table:490634}} ### Written Representations ### Consultations {{table:490635}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the residential curtilage of a detached dwelling that is located on Old Laxey Hill in Laxey. The proposed development comprises the installation of replacement windows in the front elevation of the property. PLANNING HISTORY

The application site has not been subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

REPRESENTATIONS Laxey Village Commissioners recommend that the planning application be approved. PLANNING POLICY

In terms of local plan policy, the application site is located within a wider area of land that is designated as mixed use (residential/retail/office) under the Laxey and Lonan Area Plan Order 2005 and is also located within a wider area of land that is designated as a Conservation Area. The Laxey and Lonan Area Plan Order 2005 contains one policy that is considered specifically material to the assessment of this current planning application. Policy L/CRB/PR/4 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)."

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.

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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (I) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

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."

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."

Assessment

The planning application seeks approval for the installation of replacement windows in the front elevation of the property. The proposed windows replicate the existing windows in uPVC.

As stated earlier in this report the Department's stance on replacement windows is set out within Planning Circular 1/98. The relevant section for the replacement of windows in buildings that are within Conservation Areas states that "replacement windows which would be readily visible from a public thoroughfare must have the same method of opening as the original." and that "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.". Therefore, the proposed replacement windows accords with guidance set out within the Planning Circular.

It is recommended that the planning application be approved.

Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Laxey Village Commissioners.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 06.01.2010 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 permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the location plan, elevation plan, photograph and window specification date stamped the 20th November 2009.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : 17...JWMAQ 2010 Signed : Senior Planning Officer