**Document:** Officer Report
**Application:** 25/90661/B — Replacement of second floor windows to front elevation
**Decision:** Permitted
**Decision Date:** 2025-08-28
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/33006-german-34-stanley-replacement-windows/documents/1071453

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# Officer Report

**Application No.:** 25/90661/B
**Applicant:** Mr & Mrs Ken and Janet Rooney
**Proposal:** Replacement of second floor windows to front elevation
**Site Address:** 34 Stanley Road Peel Isle Of Man IM5 1NY Principal
**Planning Officer:** Belinda Fettis
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 19.08.2025 _________________________________________________________________

## 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. Notwithstanding the details submitted the windows shall include a vertical mid-bar.

Reason: For clarity and to preserve the character of the property and its place within the Conservation Area.

## This application has been recommended for approval for the following reason.

Having applied the Statutory Test of Section 18(4) of the Town and Country Planning Act (1999) the proposal would preserve and protect the Conservation Area. The proposal accords with Planning Policy Statement 1/01, Planning Circular 1/98.

The proposal accords with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and the Design Guide. Plans/Drawings/Information; This decision relates to the following Plans and Details submitted on the 7th of July 2025.  Proposed works (Inc. Location and Site plans and details of the existing and proposed windows; drawing no.001

_________________________________________________________________ Right to Appeal None

_________________________________________________________________ Officer’s Report

## - 1. THE SITE

- 1.1. The application site relates to the curtilage a three storey terraced dwellinghouse, no.34 Stanley Road in Peel. The property fronts onto Stanley Road with no amenity space between the front elevation and the public road. The rear boundary of the site meets Gib Lane.
- 1.2. The windows on the front elevation diminish in size, the largest being at street level. Overall the windows are 50/50 ratio with top openers with a vertical mid bar in the windows at street and second floor level.

## - 2. THE PROPOSAL

- 2.1. Planning approval is sought for the installation of replacement second floor windows on the front elevation.
- 2.2. In support of the proposal the applicant has submitted plans, photographs and details of the proposed windows including a general brochure from the window maker.
- 2.3. The proposal is to replace the existing timber top opening windows with PVCU dark oak wood grain finish windows. The fenestration detail proposed matches that of the existing window with the inclusion of a vertical mid-bar.

## - 3. PLANNING POLICY

- 3.1. Site Specific

- 3.1.1. The site is not and does not impact the setting of a Registered Building or protected tree.

- 3.1.2. The site is not within a flood zone, however there is a high likelihood risk of surface water along Stanley Road.
- 3.1.3. The application site is located within the Peel Conservation Area.
- 3.1.4. On the 1982 Development Plan and the Peel Local Plan 1989 the site is within land designated as "Mixed Use". In the Draft Area Plan for the North and West, on Proposals Map 7 (Town Centre) the site is in an area designated as "Predominantly Residential". It must be noted at the time of writing, that the draft area plan for the North and West is not formally adopted the Peel Local Plan Order 1989 remains the correct land use designation.

- 3.2. Strategic Plan

- 3.2.1. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
- 3.3. General Policy 2 (b), (c) and (d) that require development to protect the site surroundings and to not adversely affect the character of the surrounding locality or the amenity of local residents.

- 3.4. Environment Policy 34 and 35 relate to the preference for the use of traditional materials and conservation of a site and surroundings to ensure that alterations do not result in any adverse impacts.

## - 4. OTHER MATERIAL CONSIDERATIONS

- 4.1. Development in Conservation Areas must take into consideration the following.

- 4.2. Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "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."

4.3. Planning Circular 1/98 - Buildings in Conservation Areas 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."

- 4.4. Legislation

- 4.4.1. Section 16(3) of the Town and Country Planning Act (1999) states, "In considering (a) whether to grant planning approval for development which affects a registered building or its setting, or (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses".
- 4.4.2. 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".

- 4.5. Design Guide (2021), Section 5 (Architectural Details), 5.2 (Windows and Doors).

- 5. Planning History 5.1. 93/00576/B - Replacement of windows. Permitted.
- 6. REPRESENTATIONS 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.

- 6.2. Local authority

- 6.2.1. Peel Town Commissioners - no comment received at the time of drafting this report (04.08.2025) therefore it is assumed that there are no comments to make.
- 6.3. Statutory Bodies

- 6.3.1. The following bodies were consulted on 11.07.2025 however at the time of writing this report (04.08.2025) no responses had been received; therefore it is taken that the bodies have no comments to make.
- 6.3.2. Manx National Heritage;
- 6.3.3. Highway Services Registered Buildings
- 6.3.4. Manx Utilities (electricity)

## - 7. ASSESSMENT

- 7.1. The key considerations are whether the proposal protects and or enhances the character of the dwelling and therefore the Conservation Area, anything less is unacceptable.
- 7.2. Impact upon the dwelling

- 7.2.1. The proposed fenestration detail matches that of the existing windows and would therefore have a neutral impact upon the character of the dwelling. As such the proposal accords with General Policy 2.
- 7.3. Impact upon the Conservation Area

- 7.3.1. The loss of the timber frame is regrettable however it is not a sliding sash and not original. The impact of using plastic frames is harmful to the conservation area but in this instance not to a degree that would warrant refusal; such frames have become commonplace is conservation areas on the island. The fenestration replicates that which exists therefore the overall visual would not adversely harm the conservation area and would preserve the character of the property. Therefore the proposal accords with the aforementioned policies and planning Policy Statement 1/01 and Planning Circular 1/98.
- 7.3.2. Having regard to Section 18 (4) of the Town and Country Planning Act (1999) the proposal passes the test of s18(4) by preserving the character of the building and so the Conservation Area.

- 8. CONCLUSION 8.1. The proposal meets the test of s18(4) of the TCPA and Planning Policy Statement 1/01 and Planning Circular 1/98. The proposal is considered to be acceptable in respect of design and visual impact upon the character of the property, its' setting and the wider Conservation Area.

- 8.2. Therefore the proposal is considered to accord with Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016 and the Design Guide.
- 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

- o applicant (in all cases);
- o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
- o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

- o any appellant or potential appellant (which includes the applicant);
- o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
- o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
- o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

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, and/or rights to appeal.

Decision Made : Permitted Date : 22.08.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/33006-german-34-stanley-replacement-windows/documents/1071453*