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21/00107/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00107/B Applicant : Mr & Mrs David and Lisa Wilson Proposal : Alterations and replacement of existing shop front windows and door with UPVC windows door Site Address : Tower Building Strand Road Port Erin Isle Of Man IM9 6HE
Principal Planner: Miss S E Corlett Photo Taken : 12.03.2021 Site Visit : 12.03.2021 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 29.03.2021 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed development would have an adverse impact on the character and appearance of the area, contrary to General Policy 2b, c and g of the Strategic Plan and particularly noting that the site lies within a proposed Conservation Area where there is a requirement for development to preserve or enhance the character and appearance of the Area (Environment Policies 34 and 35 and Planning Policy Statement 1/01). __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE SITE 1.1 The site is the curtilage of a double fronted unit which sits in a terrace of properties on the southern side of Strand Road. The street comprises shops and dwellings and site opposite the pedestrian access to the Falcon's Nest and the upper promenade.
1.2 The buildings are two and a half storeys in height and have approval for use as dwelling with a two storey dwelling to the south east and a shop with living accommodation above to the north west.
1.3 The windows in the property are plastic casements in the top floor which is partly in the roof, and also in the first floor windows with large paned commercial windows in the ground floor which extend to around half a metre or less above pavement level.
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21/00107/B Page 2 of 4
1.4 The properties in the area are a mix of commercial at ground floor with large shop front panes and to the north of the site are residential properties. Those fronting onto Strand Road generally have smaller apertures with some which are square and some vertically proportioned with one which is slightly more horizontally proportioned to the left of the central door in Cleveland House to the east of the lane in front of the application site. There is a particularly attractive sliding sash in the north westernmost ground floor unit of Tower House to the north west of the application site.
1.5 The house immediately to the south east has a bow window at ground floor and a vertically proportioned window above it.
THE PROPOSAL 2.1 Proposed is the replacement of the ground floor windows with a large fixed pane with a side hung casement at the outer side in the case of the largest window and where there is currently a window alongside the entrance door, this will be two large panes with an opening section next to the door which has a side hung opener with a top opener above it. The door will be replaced with a composite door with two vertical glazed panels in the top half with a semi-circular glazed pane above that with a clear fanlight above the top of the door.
2.2 All of the windows will have the cill raised by an unspecified amount but which looks to be around 1m above pavement level.
2.3 Planning approval is not required for the replacement of the door as the site does not lie within an adopted Conservation Area and the Permitted Development Order only excepts windows within proposed CAs from being replaced without planning approval, not doors.
PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South (2013) as Mixed Use. The site also lies within a proposed Conservation Area. The rear of the site lies within an area on the National Flood Risk mapping as of high likelihood of surface water flooding with a small area of high risk of river and tidal flooding. The building is not Registered and there are no trees within the site.
3.2 As such, the following parts of the Strategic Plan are relevant:
General Policy 2: "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; (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".
3.4 The Department has published the Residential Design Guidance (March 2019) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties.
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21/00107/B Page 3 of 4
3.5 As the property lies within a proposed Conservation Area it is important that development approved in advance of such a designation does not prejudice the adoption of the CA. Development within an adopted CA must either preserve or enhance the character or appearance of the Area in accordance with Environment Policy 35 of the Strategic Plan and Planning Policy 1/01 - Conservation of the Historic Environment of the Isle of Man and where the special character of the area must be taken into account in the determination of any application. Environment Policy 34 expresses a preference for the use of traditional materials in pre-1920 buildings.
3.5 Specific guidance on replacement windows is provided in Planning Circular 1/98 and where, in Conservation Areas, reinstatement of the original form of glazing where windows are publicly visible, is recommended with Environment Policy 34 of the Strategic Plan advising that the use of traditional materials (usually timber) is recommended in pre 1920 buildings.
3.6 The proposed Conservation Area for Port Erin has a Character Appraisal which refers to Strand Road where it describes the evolution of the fishing village and where "the earliest expansion was probably the cluster of buildings on Strand Road which provided access from the sea to the road beyond" (page 12) and refers to the Strand Road as being "the original Port Erin Village". They refer to the interrelationship of the roads within the proposed CA including Strand Road and Station Road as well as the former providing key views of the sea. Some of the buildings on Strand Road are singled out as having particular interest - Sycamore which sits further up on the other side of the road, next to the Falcon's Nest lane. The application property and its neighbours are not referred to. Trader Jack's opposite the site is identified as a building of risk due to its condition.
PLANNING HISTORY 4.1 Planning approval was granted for the change of use of the site to full residential under 18/00897/C. The windows in the first floor were approved to be replaced with plastic framed casements under 11/01625/B which would match those already in the second floor.
REPRESENTATIONS 5.1 Highway Services of DoI do not oppose the application (22.03.21).
5.2 No comments have been received from Port Erin Commissioners although they were sent copies of the application on 01.03.21.
ASSESSMENT 6.1 The issue is whether the proposed alterations and new windows have an acceptable impact on the area which is identified as having the special characteristics of a potential Conservation Area. Whilst the full weight of the CA policy in the Strategic Plan and Planning Policy Statement cannot be applied to this application, it is important that developments are not permitted which would compromise or prejudice the future designation of a Conservation Area here.
6.2 The proposal involves not only the change of shape of aperture by raising the cill height but also the frame material and the size of each of the panes and the introduction of casement openings. None of these changes are considered to preserve the character of the building or the area which is dominated by large single panes at ground floor where the window extends much lower than the residential properties. The residential properties have generally smaller windows which are in many cases, vertically proportioned.
6.3 The introduction of casement openings, some of which may open over the highway, will bring with them a domestic character which is out of keeping with the existing character of the property which, whilst not of particular or special interest architecturally, is in keeping with its neighbours. The Principal Registered Buildings Officer has viewed the application and concurs with these conclusions.
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21/00107/B Page 4 of 4
CONCLUSION 7.1 The proposed development would have an adverse impact on the character and appearance of the area, contrary to General Policy 2b, c and g of the Strategic Plan and particularly noting that the site lies within a proposed Conservation Area where there is a requirement for development to preserve or enhance the character and appearance of the Area (Environment Policies 34 and 35 and Planning Policy Statement 1/01).
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 4(2) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Refused Date : 30.03.2021
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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