**Document:** Planning Approval Decision Notice **Application:** 10/01792/B — Installation of replacement windows **Decision:** Permitted **Decision Date:** 2011-02-08 **Parish:** German **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/235-german-6-lyndale-avenue-windows-replacement/documents/1240394 --- # Planning Approval Decision Notice ## The Town and Country Planning (Development Procedure) Order 2005 Mr Alan Patrick Bailey 6 Lyndale Avenue Peel Isle of Man IM5 1JY In pursuance of powers granted under the above Act and Order the Department of Infrastructure does hereby APPROVE the following application made on behalf of: Name: Mr Alan Patrick Bailey Proposal: Installation of replacement windows at: 6 Lyndale Avenue Peel Isle of Man IM5 1JY which was considered on 7th February 2011, subject to compliance with the conditions specified below. Date of Issue: 8th February 2011 Murray House Mount Havelock Douglas Mrs P Faragher Deputy Secretary to the Planning Committee ### Schedule Of Conditions: 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. This approval relates to the installation of replacement windows as shown in the site/location plan and four pages of drawings titled "Front Elevation of Property", "Proposed Frames to be changed on Frontage", "Rear Elevation and Outlet" and "All Windows Proposed White is Styles Shown", all date stamped 6 December 2010. This decision was made by the Senior Planning Officer in accordance with the authority delegated to her under Article 3(13) of the Town and Country (Development Procedure) Order 2005. ## Guidance Note This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice. A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, is available for inspection at the Department. The proposed development must not be commenced until either; - The time for requesting an appeal has expired; or - Any appeal has been determined; Whichever is the later. ## Planning Report And Recommendations **Application No.:** 10/01792/B **Applicant:** Mr Alan Patrick Bailey **Proposal:** Installation of replacement windows **Site Address:** - 6 Lyndale Avenue - Peel - Isle Of Man - IM5 1JY ### Considerations **Case Officer:** Mrs Jade Craig **Photo Taken:** 05.01.2011 **Site Visit:** 05.01.2011 **Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations **Consultee:** Highways Division **Notes:** **Consultee:** Peel Town Commissioners **Notes:** Approve ### Officer's Report #### The Site The application site represents the curtilage of an existing residential dwelling, 6 Lyndale Avenue, Peel. The property is a mid-terraced dwelling located on the south-eastern side of the street. #### The Proposal Proposed is the installation of replacement windows to the front and rear of the property. The existing windows are timber framed casements and the proposed windows are PVC framed casements. The proposed windows to the front would have an external wood grain effect, to match the existing timber finish. The proposed windows to the rear would be white in colour, to match the paint finish of the existing timber frames. It is proposed to replace three windows on the front elevation. The front bay window is to be retained as timber, along with the decorative glazing in the upper sections of the window. Three windows on the rear elevation would be replaced, along with two windows on the small rear outlet. The window on the bottom left of the rear elevation is currently subject to a separate planning application for its replacement with patio doors (PA 10/01795/B). #### Planning History There are no previous planning applications for the application site. However, the following current application is considered relevant in the assessment and determination of this application: 1 February 2011 10/01792/B Page 1 of 4 10/01795/B - Pending consideration Installation of patio doors to replace existing rear elevation window. There have been previous planning applications for the installation of replacement windows to other properties in the terrace. The following previous planning applications for the adjoining properties are considered relevant in the assessment and determination of this application; 7 Lyndale Avenue, Peel 00/01927/B - Permitted 09.03.01 Installation of uPVC windows and doors to replace existing 5 Lyndale Avenue, Peel 08/01925/B - Permitted 01.12.08 Installation of a replacement front door and window. ## Development Plan Policies The application site is located within an area designated as Predominantly Residential Use in the Peel Local Plan 1989. The site is located within the Peel Conservation Area. The relevant planning policies from the Isle of Man Strategic Plan 2007 are General Policy 2 and Environment Policy 35. Policy 6 from Planning Circular 1/98 (The Alteration and Replacement of Windows), refers to windows within Conservation Areas and this policy is considered to be relevant to this proposal. ### Consultations Peel Town Commissioners recommend that the application is approved. ### Representations No written responses have been received from the general public. ### Assessment The site is located with the Peel Conservation Area, so the relevant policies from the Isle of Man Strategic Plan 2007 and Planning Circular 1/98 require development to preserve or enhance the area. The original stained timber casement windows have remained in place in the front elevation. The windows to the rear elevation have been painted white. Along the front elevation of the terrace, there are properties with dark timber (or timber effect) window frames and properties with white window frames. From visiting the site, it is considered that the dark timber windows would have been the originals, due to the patterned glass evident in some of these. Environment Policy 35 states that; "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." When assessing the proposed development against the above policy, it is considered that the proposal would preserve or enhance the property and would not result in the loss of special features which contribute to the character of the area. The proposed windows would match the existing in terms of the pattern and colour of the frames and their method of opening. The patterned glass to the front bay window would be untouched. Policy 6, from Planning Circular 1/98, states that "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." It is considered that the proposed windows to the front elevation would meet the requirements of this policy, as they would have the same method of opening and frame sections as the original windows. The windows policy is more relaxed for windows which are not readily visible from public thoroughfares, stating that they "must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction." It is therefore considered that the proposed windows to the rear would be acceptable, as they would have the same method of opening and frame sections as the original windows. #### Recommendation For the above reasons, this proposal is considered to be acceptable and is recommended for approval. #### Party Status The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status. #### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 01.02.2011 #### Conditions and Notes for Approval / Reasons and Notes for Refusal - **C : Conditions for approval** - **N : Notes attached to conditions** - **R : Reasons for refusal** - **O : 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 the installation of replacement windows; as shown in the site/location plan and four pages of drawings, titled "Front Elevation of Property", "Proposed Frames to be changed on Frontage", "Rear Elevation and Outlet" and "All Windows Proposed White is Styles Shown", all date stamped 6 December 2010. I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. **Decision Made :** Permitted **Date :** 27th January 2011 **1 February 2011** **10/01792/B** **Page 3 of 4** Signed : $\qquad$ Senior Planning Officer --- *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/235-german-6-lyndale-avenue-windows-replacement/documents/1240394*