Officer Planning Report Recommendation

Planning Report And Recommendations {{table:307894}} ### Considerations {{table:307892}} ### Written Representations ### Consultations {{table:307893}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the curtilage of a terraced dwelling that is located on Glen Road in Laxey. The proposed development comprises alterations to and the erection of extensions onto the dwelling. PLANNING HISTORY There are no previous planning applications that are considered material to the assessment of this current planning application. REPRESENTATIONS

Laxey Village Commissioners recommend that the planning application be approved subject to the replacement windows in the front of the dwelling being sliding sash windows.

The Department of Transport Highways Division do not oppose the planning application. The Department of Transport Drainage Division do not oppose the planning application. PLANNING POLICY

In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Policy L/RES/PR/1 states:

"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved

although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."

The application site is also within a Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states:

"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:

General Policy 2 states:

"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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (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."

Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 states "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."

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."

Assessment

The planning application seeks approval for alterations to and the erection of extensions onto the dwelling. The proposal comprises an extension onto the rear elevation, the erection of a replacement conservatory onto the rear elevation, the renewal of the slate roof, and the installation of replacement windows.

As can be seen on site the proposed rear extension is similar to the form of the neighbouring dwelling and does not unduly harm private residential or general public amenity. The proposed conservatory replaces an existing conservatory of similar form and also does not unduly harm private residential or general public amenity. The proposed renewal of the slate roof is considered to be unobjectionable.

The planning application proposes the installation of replacement windows. Given that the application site is located within a Conservation Area the replacement windows should, in accordance with the provisions of Planning Circular 1/98, replicate the opening method of the original windows irrespective of the material used in their construction. Whilst the current windows in the front elevation are top opening casement windows it is

initially assumed that given the age of the property that the original windows would have been sliding sash windows. Following discussions with the applicant it has become apparent that the fabric of the window surround does not support the assumption that the original windows were sliding sash, as there no evidence of and insufficient space for the sash box. The applicant has also stated that the layout of the dwelling means that the windows in the front elevation are the only means of escape from the first floor in the event of fire. They therefore want to ensure that the replacement windows are capable of use as a means of escape and are happy to install windows that visually appear as sliding sash windows but actually open as casement windows. Given the lack of evidence to show that the windows were originally sliding sash, the applicant's understandable desire for means of escape and their willingness to install windows that mimic the sliding sash opening method it is concluded that the proposed replacement windows are acceptable.

It is recommended that the planning application be approved.

Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

• Laxey Village Commissioners;
• The Department of Transport Highways Division; and
• The Department of Transport Drainage Division.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 23.03.2009

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to drawing no.s 4201/P1 and 4201/S1 date stamped the 16th October 2008.

C 3. Irrespective of their method of opening the replacement windows within the front elevation must be designed to look like sliding sash windows.

I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)

Decision Made : Permitted Date: 25/3/09 Signed: [Signature] Senior Planning Officer