362135

==== PAGE 1 ====

                                      21/00582/B                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 21/00582/B Applicant : Mr David Trustrum Proposal : Installation of replacement windows to front and rear elevations, and replacement rear door. Site Address : Epworth 3 Church Road Port Erin Isle Of Man IM9 6AH

Planning Officer: Mr Paul Visigah Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 15.07.2021 __

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.

C 2. All the replacement windows and door shall remain as specified within the window and door details date stamped and received 14th May 2021. No new window or door type shall be installed beside that which is hereby approved.

Reason: In the interests of the character and appearance of the site and surrounding area.

This application has been recommended for approval for the following reason. The works will have either a positive impact on the character and appearance of the property and the surrounding CA and the works therefore comply with General Policy 2 and Environment Policy 35 of the Strategic Plan, and Planning Policy Statement 1/01.

Plans/Drawings/Information; This approval relates to the Location Plan, Photos and Descriptions of the Existing window and door on the front and rear elevation, and Revised Quote and Window Drawings date stamped and received on 14 May 2021. __

Interested Person Status - Additional Persons

None

==== PAGE 2 ====

                                      21/00582/B                                     Page  2  of  5

__

Officer’s Report

1.0 THE SITE 1.1 The site is the residential curtilage of Epworth, a mid-terrace three storey property dating from the 1890s/1900s, within the village's proposed Conservation Area. The property is typical of the late Victorian style, with a slate pitched roof, a rhythmic pattern to the windows and doors, and a smooth render wall finish with moulding details around the openings. On the Church Road elevation, the property has feature dormers that interrupt the eaves line and sit directly on the main front wall. The terrace is set back from the highway with enclosed front gardens.

1.2 The windows on the property's Church Road elevation are painted timber sliding sash. The rear windows are generally painted timber sliding sash, although one first floor window is a three over three casement unit, with frames in painted timber.

2.0 THE PROPOSAL 2.1 The application seeks planning approval for Installation of replacement windows to front and rear elevations, and replacement rear door.

2.2 The scheme would involve: 2.2.1 The replacement of the existing timber sliding sash windows on the front elevation with UPVC sliding sash windows to replicate existing style.

2.2.2 The replacement of the existing windows on the rear elevation with UPVC casement with false horns in the style of the existing single glazed sash windows.

2.2.3 The replacement of the existing vertical panelled timber door on rear elevation with white UPVC door.

2.3 The windows would be fitted in the existing surrounds and all glass would be Low 'E' glass and safety toughened glass where required.

3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South (2013) as mixed use and within the village's Proposed Conservation Area where Environment Policy 35 and Planning Policy Statement 1/01 require development to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the area. The site is not in a Flood Risk Area as shown on the Isle of Man Indicative Flood Risk Maps.

3.2 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."

3.3 General Policy 2 of the Strategic Plan is relevant: 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; and (g) does not affect adversely the amenity of local residents or the character of the locality.

==== PAGE 3 ====

                                      21/00582/B                                     Page  3  of  5

3.4 Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings.

3.5 Planning Circular 1/98 provides guidance on the replacement of windows and in 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 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 original method of opening, whatever the material used in the construction."

4.0 PLANNING HISTORY 4.1 The application site was the subject of a recent application for installation of replacement windows to front and rear elevations, and replacement rear door under PA 20/01544/B. This was refused on 11 February 2021.

Reason for Refusal: "The proposal fails to comply with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01, as it affects adversely the character of the surrounding townscape and will not preserve or enhance the proposed Conservation Area's character or appearance. The proposal is also against the guidance in Planning Circular 1/98, as the front elevation windows do not have the same method of opening as the originals. It is therefore judged to be unacceptable."

5.0 REPRESENTATIONS. Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letter dated 7 June 2021.

5.2 The Port Erin Commissioners have stated that they support the application in a letter dated 9 June 2021.

6.0 ASSESSMENT 6.1 The issue here is whether the proposed windows preserve or enhance the character or appearance of the proposed Conservation Area in which the property sits taking into account the special character of the area. Whilst the Conservation Area is not yet adopted, Environment Policy 35 and Planning Policy Statement 1/01 would still be applied to this development to ensure that the development does not prejudice the future designation of the Conservation Area by allowing something that could be viewed as harmful.

6.2 It is vital to note that the proposed Conservation Area boundary has clearly been drawn to specifically include the terrace within which the property sits, and it follows that the terrace was judged to make a positive contribution to the proposed Conservation Area. The terrace dates from the 1890s/1900s, and is in a typical style for properties of this type from the era. Somewhat unusually, the timber sliding sash windows have all survived on each of the properties in the terrace. With their rhythmic pattern, feature moulding surrounds and traditional materials, it is judged that the front elevation windows clearly contribute positively to the character and appearance of the proposed Conservation Area.

==== PAGE 4 ====

                                      21/00582/B                                     Page  4  of  5

6.3 Whilst it is noted that the existing windows on the dwelling are currently fitted in timber, Planning Policy 1/98 does not place emphasis on the material used but the method of opening and appearance of the windows and as such, it is considered that the proposed windows would preserve the character of the existing building and the proposed Conservation Area. It is also noted that the property would benefit from new windows that would improve the energy efficiency of the dwelling over the existing windows which have been in situ for a long period.

6.4 The works at the rear of the building to replace the existing sliding sash windows and a set of three casement windows with UPVC casement windows with fake horns is also considered to be an acceptable development. This is hinged on the fact that the windows would have similar pattern of glazing bars as the existing windows which complies with the guidance provided in Planning Policy 1/98. It is also considered that the works to the rear would be within an enclosed rear yard abutting a rear lane, where they would not be particularly prominent. As such, it is considered that the works would preserve the character of the street scene or the surrounding Conservation Area.

6.5 It is also considered that the proposed door, although not a similar door to the existing would be a fitting replacement for the existing door given that this door would be at ground floor level, enclosed by the rear yard. As well, the proposed door type is similar to other UPVC composite doors used within the proposed Conservation area. As such, it is considered that the new door would preserve the character of the application property, as well as the Conservation Area.

6.6 Overall, it is noted that the degree of flexibility in the material used for replacement windows as stated in Planning Circular 1/98 and the proposed replacement window styles; which would be sliding sash windows on the front elevation and casement windows with fake horns on the rear elevation, would result in a positive impact on the overall character and appearance of the property, the streetscene and the Conservation Area. This would ensure that the character of the proposed Conservation Area is not compromised. Whilst the proposed use of materials for the window changes would be at variance with EP 34; which gives preference for use of traditional materials, it is not considered of over-riding concern in this case given the level of acceptability for UPVC in Planning Circular 1/98.

7.0 CONCLUSION 7.1 The proposal complies with General Policy 2, Environment Policy 35 and Planning Policy Statement 1/01 and whilst the frames are not of a traditional material, in this case it is not considered detrimental and thus Environment Policy 34 is not contravened.

8.0 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:

==== PAGE 5 ====

                                      21/00582/B                                     Page  5  of  5

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 above 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: 16.07.2021

Determining officer

Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.