**Document:** Planning Officer Report **Application:** 12/00681/B — Creation of 2 no windows on north west side elevation **Decision:** Permitted **Decision Date:** 2012-07-24 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/2813-lonan-verndale-windows/documents/1272324 --- # Planning Officer Report ### Officer's Report [Table omitted in markdown export] #### The Application Site 1. The application site is the residential curtilage of a two storey dwelling on Glen Road in Laxey. It falls within the Laxey Conservation Area and situated closely between two similar sized dwellings. The application property was originally built before 1921 but has had extensions added to it since on the rear elevation. The exterior of the property is finished in a smooth painted render and which has a pitched slate roof incorporating two chimney stacks as viewed from the road. White UPVC framed sliding-sash windows with Georgian Glazing bar patterns are present at both floor levels on the front elevation. #### The Proposal 2. Proposed is the creation of two single windows on the north-west facing side elevation. The windows will be 800mm wide and 1.2 metres in height. Both windows will be 50/50 proportion top-hung outward-opening casement windows with a Georgian glazing bar pattern. #### Planning History 3. The application site, and the neighbouring dwelling, have been the subject of a number of previous planning applications, two of which is considered specifically material to the assessment of this current planning application: 07/00199/B - Alterations, erection of a two storey extension, amendments to vehicular access and creation of additional parking provision – Approved. 84/00640/B - Alterations and extensions to dwelling and formation of vehicular access, Glenside Cottage (adjacent dwelling) – Approved. #### Planning Policy 4. The application site falls within an area designated for Predominantly Residential Use in the Laxey & Lonan Area Plan 2005 and also falls within the Laxey Conservation Area. There is one policy in the Written Statement that accompanies the area plan, which is considered specifically material to the assessment of the planning application: L/CRB/PR/4 – Conservation Area Status "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)". 5. 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: - (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; - (g) does not affect adversely the amenity of local residents or the character of the locality". Environment Policy 35 states: "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". ### Representations 6. Laxey Village Commissioners recommended approval subject to the proposed window nearest the rear of the house being conditioned to be obscured glazing to retain the privacy of the adjacent property in the initial proposal. On the subsequent amended proposal, that does not propose a window to look directly into the adjacent property, the commissioners have recommended approval without any caveat. ### Consultations 7. The residents of Glenside, Glen Road, Laxey – the adjacent property to the north-west of the application site – were written to inviting their views on the application, as initial concerns were raised to the proposal's potential adverse impact on the private amenity of their property. Subsequently, they replied stating they had discussed the proposal with the applicant, however were ultimately concerned about the proposed window nearest the rear elevation would be detrimental to their private amenity in their back garden but suggest it could be overcome by making the window in question opaque/obscured. The neighbour has been made aware of the revised proposal and no objection to it has been received. *Away status should be afforded to the residents of Glenside.* ### Assessment 8. The main issue to be addressed in the proposal is to ascertain whether the principal of having windows on the north-west facing side elevation would adversely impact on the adjacent property or not. The neighbouring residents and the commissioners initially raised concerns that the largest window nearest particular in particular would, however, the amended proposal excludes the window in question. The two remaining windows to be assessed, however, do not face directly into the adjacent house and as such it is not considered they would have a detrimental impact on the private amenity of the adjacent property. 9. As the windows will be installed in new apertures, the provisions in Planning Circular 1/98 do not apply which normally assesses the conformity of the replacement windows on the character of the property. However, the design of the new windows must be assessed against the provisions in General Policy 2 and Environment Policy 35 which require the windows to respect and enhance the existing character of the dwelling and surrounding Conservation Area. The proposed windows in terms of design do not replicate the sliding-sash opening-method on the front elevation, however, do retain the same glazing bar design. Given that the side elevation is not as pivotal on the street-scene as the front elevation, it is considered the difference in opening-method is acceptable. Furthermore, the sizes of the window apertures are very similar in size to those on the front elevation and as such attempt to conform to the original character of the property, making them acceptable. 10. Overall, the level of development is modest as viewed from the public highway, taking into account the enclosed nature of the side elevation with the adjacent property. The windows are proposed to be sited in such a position that it will not adversely affect the private amenity of the adjacent dwelling (Glenside), whilst the scale of apertures and window design respect the character of the dwelling and surrounding Conservation Area. As such, the proposal complies with Policy L/CRB/PR/4 in the Laxey & Lonan Area Plan 2005, and General Policy 2 and Environment Policy 35 in the Isle of Man Strategic Plan 2007. ### Recommendation 11. It is recommended that the planning application be approved. ### Party Status 12. It is considered that the following parties that made representations to the planning application should be afforded interested party status: The local authority, Laxey Village Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 13.07.2012 ### 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 creation of 2 no. windows in the north-west facing side elevation of dwellings, as shown in drawing no. H/736/2(A), received on 18th June 2012. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. **Decision Made**: Permitted **Date**: 20/7/12 ### Determining officer (delete as appropriate) Signed: [Handwritten signature] Anthony Holmes Senior Planning Officer Signed: [Blank] Michael Gallagher Director of Planning and Building Control Signed: [Blank] Sarah Corlett Senior Planning Officer Signed: [Blank] 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/2813-lonan-verndale-windows/documents/1272324*