**Document:** Planning Officer Report **Application:** 12/01222/B — Installation of replacement windows to front and rear dormers **Decision:** Permitted **Decision Date:** 2012-10-15 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3331-rushen-3-lime-street-dormer-replacement/documents/1278764 --- # Planning Officer Report Case Officer: Mr Chris Balmer Photo Taken: 18.09.2012 Site Visit: 18.09.2012 Expected Decision Level: Officer Delegation ## Officer's Report ### 1.0 The Site 1.1 The site represents the residential curtilage of 3 Lime Street, Port St. Mary located on the north-eastern side of Lime Street and south of the harbour. The property forms part of a row of four traditional two storey terraced properties (mid terrace). A lane runs from Lime Street between Nr 18 & 19 and serves all the rears of the properties along Lime Street. Access via the rear lane enables vehicular access to the property. ### 2.0 Proposal 2.1 The application seeks approval of installation of replacement windows to front and rear dormers. The proposals would replace the existing uPVC casements windows with similar size, design and material as existing. ### 3.0 Planning Status 3.1 The application site is within an area recognised as being an area of 'residential use', under the Isle of Man Development Plan Order 1982 and Under the Modified Draft Area Plan for the South. The site is also proposed to be with a Conservation Area under the Modified Draft Area Plan for the South. 3.2 Due to the site location, zoning and the type of proposal, the following policy is 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; [Table omitted in markdown export] - (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 (Buildings in an Urban Setting): "In an individual building, or groups of buildings, whose principle elevations are readily visible from a public thoroughfare if the original windows are in place, it may be possible to repair and renovate them. This can take place without permission and will be encouraged by the Department. If repair is impracticable, or existing windows are not the originals, the preference will be for replacement windows in the said principal elevations to have the same method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE the same or similar pattern and section of glazing bars and the same or similar frame sections as the originals windows..." ### 4.0 Planning History 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application. ### 5.0 Representations 5.1 Port St Mary Commissioners have no objections to the proposal. ### 6.0 Assessment 6.1 The main issue which requires consideration in the determination of this proposal is whether the proposal be an appropriate form of development in terms of visual amenities within the street scene. 6.2 Visiting the area and walking along Lime Street it is evident there are a number of styles, sizes and designs of windows, some of which have an adverse impact upon the visual amenities of the properties they have been installed within. 6.3 The proposed windows would replicate the existing uPVC window in size, design and materials. Consequently it is not considered the proposal would have a significant impact upon the street scene, in fact would like be beneficial replacing old with new. Overall, it is considered the proposals to be acceptable and in keeping with the existing street scene and the property. 6.4 Whilst the site is within a proposed conservation area, the Southern Area Plan has not yet been adopted and the process for the adoption of the Conservation Area is via a different process. Consequently, the plan does not have substantial weight. Consequently, to judge the application against conservation policies would be inappropriate and unfair to the applicant. 6.5 The Conservation Officer has no objection to the proposals. ### 7.0 Recommendation 7.1 For these reasons the proposal is considered to comply with the relevant policies of the Strategic Plan and therefore recommended for an approval. ### 8.0 Party Status 8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status: Port St Mary Commissioners #### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 08.10.2012 #### 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 Installation of replacement windows to front and rear dormers as proposed in the submitted documents and drawings REF 1, REF 2, REF 3, REF 4 and REF 5 all received on 4th September 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:** 8/10/12 #### Determining officer (delete as appropriate) **Signed:** C. H. O’Neal **Signed:** **Anthony Holmes** **Sanior Planning Officer** **Sanior Planning Officer** **Signed:** **Signed:** Michael Gallagher Director of Planning and Building Control Jennifer Chance Michael Gallagher Director of Planning and Building Control Jennifer Chance Development Control Manager 8 October 2012 Development Control Manager 8 October 2012 --- *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/3331-rushen-3-lime-street-dormer-replacement/documents/1278764*