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21/00577/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00577/B Applicant : Mr & Mrs David and Lisa Wilson Proposal : Alterations and replacement of existing shop front windows and door with UPVC windows and door Site Address : Tower Buildings Strand Road Port Erin Isle Of Man IM9 6HE
Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit :
Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 21.07.2021 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. The development is considered to be within the bounds of acceptability to comply with General Policy 2b, c and g of the Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to location plan, proposed shop front elevations x 3, proposed window details for windows C and D, proposed details for windows A and B, and photographs of current windows x 2, all date stamped and received 20/05/2021.
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Interested Person Status - Additional Persons
None
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21/00577/B Page 2 of 5
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, Port Erin. The street comprises shops and dwellings and sits 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.
1.3 The windows in the property are plastic casements in the first and top floor. At ground floor there are large paned commercial windows which extend to around half a metre or less above pavement level. In that part of the building nearest the promenade the large shop window angles inwards to a single door into the property.
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 some of which retain their original timber sliding sash windows in a vertical arrangement and some that are now top opening casements. It should be noted that 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 Recently PA 21/00107/B was refused for replacement of the shop windows at the site. The proposal sought the installation of two smaller 2m wide x 1m tall windows with side hung openers to replace the shop frontage and a fixed window with side opener to replace the shop window next to the main door. The proposal also include the replacement of the front door with a top light above.
1.6 The officer for 21/00107/B concluded that whilst the full weight of the CA policies could not be applied as the area is only a proposed Conservation Area that it is equally important to not permit development which would compromise or prejudice its future designation. Given the inappropriate change of shape, size and material of the apertures coupled with the side openings that the proposal would not preserve the character of the building or the area which is dominated either by large single panes shop fronts or by smaller residential windows which are in most cases, vertically proportioned. As such the application was refused on the grounds that it would result in 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).
THE PROPOSAL 2.1 The proposal now follows from the previous refusal and responds to discussions with the Conservation and Registered Buildings Officer, as confirmed by the senior Registered Buildings Officer by phone 21/07/2021.
2.2 Proposed now is the is the replacement of the largest ground floor windows with two smaller windows matching the alignment and opening sizes of those windows on first floor measuring 2m tall x 1m wide. The proposed windows are to be UPVC sash style casements with a central glazing bar.
2.3 Alongside the front door the scheme remains the same with a fixed window and side opener, and the front door and top light are to be replaced with a new UPVC door and top light.
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21/00577/B Page 3 of 5
2.4 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 exempts windows within proposed CAs from being replaced without planning approval, not doors.
PLANNING HISTORY 3.1 Aforementioned, 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. 21/00107/B was recently refused for those reasons explained in 1.6 above.
PLANNING POLICY 4.1 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. As such, the following parts of the Strategic Plan are relevant:
4.2 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".
4.4 The Department has published the Residential Design Guidance (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.
4.5 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.
4.6 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.
4.7 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
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21/00577/B Page 4 of 5
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.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Port Erin Commissioners - in support (14/07/2021).
5.2 Department of Infrastructure Highway Services - no comments received as of 21/07/2021
5.3 Department of Infrastructure Flood Risk Management - no comments received as of 21/07/2021
5.4 No comments received from neighbouring properties.
ASSESSMENT 6.1 Just as the previous scheme was considered, the issue now is whether the proposed changes to the windows have an acceptable impact on the area which is identified as having the special characteristics of a potential Conservation Area.
6.2 Compared with the previous scheme the proposal now seeks to install two smaller windows vertically aligned below those on the first floor and replicating their size and with an inwards opening mechanism as to not obstruct the public pavement. The windows best mimic a residential style and while not being installed with a traditional sliding sash opening method, the existing windows throughout the property are not sliding sash nor are the existing shop fronts and thus the casement sash style is in this case only is considered to be acceptable.
6.3 The existing windows alongside the front door already have a blocked screen applied to its base, likely due to the now residential nature of the property. The proposal would now seek for this opening to be bricked up to this level and installed with two smaller fixed pane windows along the pavement and a smaller side hung and top opening window on the turn nearest the door. While this proposed arrangement with a smaller window is far from ideal and results in the loss of the full shop frontage from this part of the building (one which currently replicates the adjoining neighbour) given the now residential nature of the property coupled with the already installed non-traditional windows across the upper floors and the currently limited contribution of the fenestration to the streetscene that the change to the windows alongside the door and the door top light would perhaps be within the bounds of acceptability and not to result in such a significant adverse impact as to warrant a refusal in this case.
CONCLUSION 7.1 The proposed development is considered to be within the bounds of acceptability and not to have such a significant adverse visual impact on the character and appearance of the area to be considered contrary to General Policy 2b, c and g of the Strategic Plan.
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;
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(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. __
I can confirm that this decision has been made by a Principal Planner 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: Permitted Date: 22.07.2021
Determining officer
Signed : J SINGLETON Jason Singleton Principal Planner
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