**Document:** Officer Planning Report **Application:** 11/00826/B — Installation of replacement ground floor windows to rear elevation **Decision:** Refused **Decision Date:** 2011-07-29 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/1172-lezayre-windows-replacement/documents/1163972 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations None received at time of drafting report ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### Site The site represents the curtilage of Isle Of Man Bank, Parliament Street, Ramsey, which is part of a row of three storey terraced properties which are located on the northern side of Parliament Street and south of West Quay. #### Proposal The application seeks approval for the installation of replacement windows. There are a total of two windows proposed to be replaced to the rear elevation, both at the upper ground floor level. Currently all windows within the rear elevation have a high standard of timber sliding sash windows all with vertical bar within and smaller more unusually vertical and horizontal bars around the edging of the windows. It should be noted that the submitted plans of the existing windows do not show this level of detail. The proposal would involve the removal of two upper ground floor windows and replaced with uPVC windows, with top hung casement windows within the bottom third of the window. The proposal would include some Georgian bars but the details are not clear. ## LAND USE ZOING / PLANNING POLICIES The application site is within an area recognised as being an area of 'Mixed Use', under the Ramsey Local Plan. The site is within Ramsey Conservation Area. The following policies are therefore considered relevant in the consideration of this application: - Ramsey local Plan 1998 – Planning Circular 2/99; and - The Isle of Man Strategic Plan (20th June 2007) - General Policy 2 Due to the zoning of the site the following policies are relevant for consideration:- "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: - (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." "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." Paragraph 6 of Planning Circular 1/98 states: "If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be 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". PLANNING HISTORY There following previous planning application are considered relevant in the assessment and determination of this application:- Erection of guard rails on rear elevation - 06/01759/B – APPROVED Erection of externally illuminated signage to quayside elevation - 03/01095/D – APPROVED Erection of signage on (a) the Parliament Street frontage - 02/00959/D – SPLIT DECISION Erection of bank signs - 01/01898/D – REFUSED Alterations to bank - 01/01615/B – APPROVED Provision of advertising sign - 95/00573/D – APPROVED Provision of advertising - 94/01652/D – REFUSED Refurbishment with provision of new rear entrance - 93/01311/B - APPROVED ### Representations The Planning Authority has received no privately written representations objecting to the proposal. ### Assessment As the site is within a Conservation Area Environment Policy 35 is relevant for consideration. This policy states that development will only be permitted which would preserve or enhance the character or appearance of the Area. As indicated within the proposal section of this report, current the upper ground floor windows are timber sliding sash windows, with unique horizontal and vertical bars around. The proposal would remove the existing timber sliding sash windows which certainly adds to the character of the property, street scene and the conservation area as a whole. The property from West Quay is perhaps one of the most attractive properties along the quay, which the windows add to the quality. Therefore the question is whether this proposal would protect or enhance the appearance of the conservation area. After visiting the area, studying the plans and discussing the application with the Conversation Office it is considered the proposal would not. Further to Environment Policy 35, Planning Circular 1/98 indicates that if the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be 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. The proposal would also fail this policy in that there is no information why the windows cannot be repair, and as the method of opening, pattern and section of glazing bars of the widows differs to the existing. It is therefore considered given the existing window fenestration the installation of uPVC casement windows would be inappropriate and would not preserve the appearance of the Conservation Area, therefore contravening Environment Policy 35 of the Isle of Man Strategic Plan and Planning Circular 1/98. ### Recommendation In conclusion, it is recommended that the planning application be refused on the planning policy grounds that the proposed development would be unacceptable to the Isle of Man Strategic Plan (June 2007). ### Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Ramsey Commissioners The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Refused Date of Recommendation: 22.07.2011 ### 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 R 1. The proposed windows within the rear elevation of the buildings do not have the same opening method and glazing pattern as the original windows. Furthermore no detail has been given why the existing windows cannot be repaired. Given that these windows are publicly viewable the proposal fails to preserve or enhance the character or appearance of the Conservation Area detrimental to the visual amenities of the locality. As such the proposed development is contrary to the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager. Decision Made : Refused Date : 25/7/11 Signed : Michael Gallagher Director of Planning and Building Control Delete as appropriate Signed : Jennifer Chance Development Control Manager --- *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/1172-lezayre-windows-replacement/documents/1163972*