DEC Officer Report

Application No.: 21/01131/B Applicant: Lorna Taylor Proposal: Installations of replacement windows to front and rear elevations Site Address: Harbourside Cottages 2 Tuppers Terrace Tent Road Laxey Isle Of Man IM4 7DB Planning Officer: Mrs Vanessa Porter Recommended Decision: Permitted Date of Recommendation: 26.10.2021 _________________________________________________________________

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. The windows on the front elevation are to be sliding sash, and to be fitted with horns which must be run through and not stuck on.

Reason: to ensure that the new windows are appropriate in appearance and form to the Conservation Area in which they will sit.

• C 3. The replacement windows are to include vertical dividing bars, which must be externally expressed.

Reason: To protect and enhance the character of Conservation Area within which the property sits.

This application has been recommended for approval for the following reason. The proposal accords with General Policy 2 (b, c, g, n) and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 and Planning Circular 1/98.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received 16th September 2021:

• o Site/Location Plan
• o Quotation showing proposed windows. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of 2 Tuppers Terrace, Tent Road, Laxey which is a three storey mid terraced dwelling situated to the South West of Tent Road. The front elevation of the dwelling faces onto Tent Road. There is a car park situated to the rear of the property. THE PROPOSAL - 2.1 The current planning application seeks approval to replace the existing sliding sash windows on a like for like replacement with white uPVC with all other materials matching the existing property.

2.2 The proposal also seeks approval for a like for like replacement of the casement window to the ground floor level. PLANNING HISTORY - 3.1 The previous application are not relevant to this application. PLANNING POLICY - 4.1 AREA PLAN

• 4.1.1 The site lies within an area zoned as "Mixed Use" on the Area Plan for the East. The property is within a Conservation Area and a High Risk Flood Zone.

- 4.2 STATEGIC POLICIES

• 4.2.1 In terms of the Isle of Man Strategic Plan 2016, paragraph 7.29.2 states in part, "Development proposals within Conservation Areas will be expected either to preserve or enhance their character and appearance." With that in mind the key policy for this application is Environment Policy 35 which states in full, "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."
• 4.2.2 Also of relevant to the application is General Policy 2 which sets out the general standards towards acceptable development in conjunction with the Residential Design Guidance 2021, Strategic Policy 1(a) - reusing building materials, Strategic Policy 4(b) - protect and enhance landscape and nature conservation, Strategic Policy 5 - new development should be designed so as to make a positive contribution to the environment, Community Policy 7 designing out crime.
• 4.2.3 Due to the property being within a Flood Risk Area appropriate consideration in relation to General Policy (l), Environment Policy 10 and 13.

- 4.3 OTHER MATERIAL CONSIDERATIONS

• 4.3.1 Planning Circular 1/98 is also relevant and provides guidance on the replacement of windows and in Conservation Areas states that whatever the frame material, the method of opening on windows visible by the public must replicate the original.

• 4.3.2 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".

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and "Do not Oppose." (30.09.21)

5.3 Garff Commissioners have considered the application and have no objection to the proposal. (11.10.21) ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application is whether the works would preserve or enhance the character or appearance of the Conservation Area.

6.2 When looking at the character and appearance of an area, the windows and doors are often the most important element in any façade and can often help gauge the age and/or purpose of a building. The proposal to replace the windows in a like for like manner, reflecting the existing size, scale, proportions and glazing bar pattern, whilst in uPVC and not timber as would have been originally will seek to preserve the overall appearance of the Conservation Area.

6.3 Whilst it is noted that the site is within a Flood Risk Area, no comments have been received from the Flood Risk Management Division and the proposal is not for any external alterations which could affect the flood risk to the property or surrounding area and as such it is considered that the application accords with EP10 & 13. CONCLUSION - 7.1 The application is considered to accord with General Policy 2 (b, c, g, n) and will the character and appearance of the Conservation Area in line with Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 and planning circular 1/98. 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 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: 27.10.2021 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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