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21/00907/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00907/B Applicant : Mrs Lynsey Elliott Proposal : Creation of sunroom and terrace to rear yard and replacement of existing windows and doors Site Address : 6 Bank Street Castletown Isle Of Man IM9 1AT
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : 28.09.2021 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.11.2021 __
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 external facing materials shall remain as shown on the plans and specified within the list of external finishes on the submitted Drawing No. 21-024-02B received 10 September 2021. No new types of materials shall be added to the external elevations of the development, 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 proposal meets the tests of Section 18(4) of the Town and Country Planning Act 1999; General Policy 2 and Environment Policies 34 and 35 of the Isle of Man Strategic Plan 2016, as well as Planning Policy Statement 1/01.
Plans/Drawings/Information;
This decision relates to the following documents: o Cover Letter and Plan List, Agent confirmation to amend address postcode, and Drw. No. 21-024-01(Location Plan and Existing Plans and Elevations) received 3 August 2021; o Covering email and Drw. No. 21-024-02B (Proposed Plans Elevations and Sections) received 10 September 2021; and o Photographs received 10 November 2021.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 4(2):
4 Bank Street as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
1.0 THE SITE 1.1 The site is the residential curtilage of 6 Bank Street, Castletown, a three storey mid- terraced dwelling in Castletown, within the town's Conservation Area. The property has a pitched roof, with chimney stacks on each of the party walls, and painted render walls.
1.2 The property has three windows to the first and second floor front elevation and two windows on the left of the main entrance door on the ground floor. The windows on the front elevation of the property are sliding sash windows, while the windows on the side elevation, as well as the windows on the first and second floor rear elevations are sliding sash windows. The only windows that are not sliding sash windows on this property are the kitchen window and the smaller widow on the two storey rear extension, which have casement windows. All the windows have Georgian Bars, while the door is part-glazed.
1.3 At the rear of the dwelling is a rear yard which is enclosed by the rear yard with walls that are about 4m high at the lowest point with the first and second floor windows afforded views to Castle Rushen at the rear and over the enclosed walled garden of 16 Malew Street which has a large walled garden abutting Castle Rushen. This neighbouring walled garden has significant tree cover on most parts of the garden covering over 50 percent of the garden.
1.4 Within the rear yard is an existing outbuilding which comprises two stores and a WC. Recent photos of the rear yard obtained from the applicants, however, show that the outbuilding has been demolished with the area cleared.
2.0 THE PROPOSAL 2.1 The application seeks planning approval for creation of sunroom and terrace to rear yard and replacement of existing windows and doors.
2.2 The works proposed would include: 2.2.1 Erection of a single storey ground flo9or extension that would project from the side of the existing kitchen and run along the entire length of the yard joining the wall with the neighbour at No. 4 Bank Street measuring 4m long, be 2m wide, and 2.5m high from the ground level to the top of the flat roof. This extension will have a bi-fold door 3m wide and 2.9m high installed on its elevation with views to the rear of the property. This extension would be finished externally to match the main dwelling.
2.2.2 The existing blocked up doorway at the ground floor rear elevation would be re- instated, with a new door installed.
2.2.3 Existing window serving the kitchen would be replaced with new white uPVC sliding sash units to match existing style.
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2.2.4 The existing windows on the first and second floor front, side and rear elevations to be replaced with white uPVC sliding sash units to match existing style.
2.2.5 Creation of new fenestrations on the first floor side elevation (gable) and gable of two storey rear extension (on the first floor) with new uPVC window to match existing style installed.
3.0 PLANNING POLICY. 3.1 The site lies within a Mixed Use area on the Area Plan for the South adopted in 2013 and also within Castletown's Conservation Area where Planning Policy Statement 1/01 requires 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 prone to flood risk and the site is also not within a Registered Tree Area, and there are no protected trees on site. As such, the following Strategic Plan policies are relevant:
3.2 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; and (g) does not affect adversely the amenity of local residents or the character of the locality; (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.
3.3 Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
3.4 Environment Policy 35: 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.
3.5 Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
4.2 Planning Policy Statement 1/01 "POLICY CA/2: SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given
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special consideration where the character or appearance of a conservation area may be affected".
4.3 Guidance on replacement windows in Conservation Areas is provided in Planning Circular 1/98 as follows:
Planning Circular 1/98, the Alteration and Replacement of Windows Category (b) BUILDINGS IN CONSERVATION AREAS "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."
4.4 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, and 7.0 which deals with impact on neighbouring properties, are considered relevant to the current scheme.
5.0 PLANNING HISTORY 5.1 The site has been the subject of five previous planning application, two of which are considered to be materially relevant to the current application.
5.2 PA 84/00108/B for alterations and extensions to convert plumbers store to cafe/tearooms with living accommodation over, and PA 91/00761/B for external remedial alterations (Both approved). These have resulted in the current appearance of the dwelling which the current application seeks to alter.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirmed that they 'Do not oppose' in a letter dated 26 August 2021. Having reviewed the amended plans submitted by the applicants, they continue to not oppose this proposal as stated in an email dated 14 September 2021.
6.2 There has been no written representation made regarding the current planning application by the Castletown Commissioners at the time of writing this report, although they were consulted on 12 August 2021 and 13 September 2021.
6.3 The owners/occupiers of 4 Bank Street, Castletown have stated that they object to the applicant on the following grounds (28 August 2021): i. Impacts on privacy from proposed sun terrace. ii. Security concerns regarding easy access to rear of property from proposed sun terrace. iii. Noise from sun terrace by people using the terrace. iv. Impact on structural integrity through removal of old outhouse in rear yard. v. Impact on view to harbour by people using sun terrace. They further state that they are not objecting to the ground floor sun lunge as long as the party wall is correctly supported and finished, but the sun terrace for reasons specified above.
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]6.3.1 Having reviewed the comments by this neighbour, the applicants have submitted amended plans to remove the sun terrace from the proposal.
6.3.2 The applicants have, however, not made further comments since the amended plans were published on 10 September 2021.
7.0 ASSESSMENT 7.1 The assessment of the current application will be two fold; evaluating the impact of the proposed extension on the property, Conservation Area and neighbouring dwellings, and assessing whether the proposed window replacements would meet the test set out in Environment Policy 35 and Planning Policy 1/98 for preserving or enhancing the Conservation Area.
7.2 Environment Policy 35 sets out the policy in regards to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area if the development would preserve or enhance the character or appearance of the area as the area is protected against inappropriate development.
7.3 With regard to the works related to the replacement of the existing windows, it can be argued that windows are the most important element in a facade. They can confirm the style, age or even the purpose of a building. As such, the original windows should be replicated faithfully in opening method and glazing bar pattern, particularly in situations where the windows can be viewed from public vantage points within the street scene (such as the front elevation, the first and second floor rear elevation, and side elevation). In view of the fact that the dominant window type on Bank Street is the traditional sliding sash windows, what is proposed would fit seamlessly into the character of the street scene. Whilst the replacement windows proposed under this scheme would be UPVC sliding sash windows, they would have a similar appearance to the timber sliding sash windows on the property, with similar patterns of glazing bars.
7.4 It is also considered that the use of UPVC is not uncommon within the Castletown Conservation Area as a whole since newer sliding sash installations are mostly UPVC. On assessment, it is deemed that the proposed windows would not be detrimental or harmful to the character and quality of the locality but would preserve the character of the existing streetscene and Conservation Area.
7.5 The works at the rear of the building to replace the existing timber casement windows with UPVC sliding sash windows are also considered to be an acceptable development. This is hinged on the fact that the design and finishing would be an improvement on the existing casement windows given that it would create a uniform window appearance for the whole of the property. Based on the foregoing, it is considered that the proposed replacement windows, whilst made of UPVC material will preserve the appearance of the existing building and Conservation Area, as well as contribute positively to the energy efficiency of the application dwelling.
7.6 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 would preserve the overall character and appearance of the property, the streetscene and the Conservation Area. Whilst the proposed use of materials for the feature 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.
7.7 In assessing the impact of the proposed installation of the UPVC half glazed external door on the front elevation, as well as the introduction of new windows on the second floor side elevation and first floor rear elevation, it is considered that these would not detract from
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the character of the existing property, locality and Conservation Area. The fact that the new windows and replacement door would mirror the existing on the property would ensure that these are seamlessly integrated into the existing building. Besides, the proposed door and windows would be double glazed and their design and finishing would be in keeping with the existing, with the new windows offering better energy efficiency standards. It is also considered that the works to the rear would be within an enclosed rear yard, with the new windows at first floor level at a position that is not prominent when viewed from Castle Street, given the layout of the area and the presence of buildings obstructing views to the rear. As such, the works would not have detrimental impacts on the character of the street scene or the surrounding Conservation Area and would comply with EP 35 and GP2.
7.8 With regard to the proposed works to erect the single storey flat roofed rear extension which would replace the existing outbuilding within the rear yard, it is considered that the extension replaces an existing part of the building, and is bounded by higher walls which would limit views to the proposed works. Whilst it would have been more appropriate for the new extension to have a roof pattern that would mirror the roof pitch and slope of the main dwelling, the flat roof would be positioned at the rear and would be completely enclosed by the walls of the rear yard with its roof structure ensuring that the key features of the main dwelling are not obscured by the addition of the extension; thus appearing as a contemporary but subordinate addition to the dwelling. Based on the foregoing, it is considered that there would not be a negative impact on the existing dwelling, and as such, this element of the proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan.
7.9 In terms of impacts of the proposed works on neighbouring dwellings, it is considered that the new windows are the elements that have the potential to most likely to impact on neighbours. This is hinged on the fact that they would introduce new fenestrations with views to neighbouring properties. However, the setting of the locality is such that views are attainable at first and second floor level to the rear of neighbouring properties, resulting in mutual overlooking at this level. It is also noted that the position of the new bifold door on the rear extension will not introduce any detrimental impacts on neighbouring amenity since it would be enclosed by the rear yard. Therefore, the proposed works would not result in detrimental impacts on the neighbouring properties and as such is deemed acceptable.
7.9 Other Matters 7.9.1 The objection from the neighbour regarding the first floor sun terrace is noted. However, given that this element of the proposed works have been removed, the objection related to this element of the scheme is no longer relevant given that it refers to a part of the proposal that is no longer included in the scheme and as such not assessed as of the application.
7.9.2 With regard to comments made by the neighbours regarding integrity of boundary wall, it is noted that the outbuilding has already been removed as evidenced in photographs from the applicant and as such this has also not been assessed within the scheme. Besides, any reference to the integrity of structures is within the remit of Building Control and the subject of other regulatory controls such as the 'Building Control Regulations'. As such, this would be better addressed via the appropriate instruments under the Building Control Regulations.
8.0 CONCLUSION 8.1 For the reasons given, the proposals is considered to comply with the relevant polices of the Strategic Plan and Planning Circular 1/98, and the Residential Design Guide 2021, and therefore recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 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);
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(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.
9.2 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 above who should be given Interested Person Status __
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 : Permitted Date : 25.11.2021
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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