**Document:** Planning Officer Report
**Application:** 12/01687/B — Demolition of chimney stack, installation of roof lights and replacement windows and change external wall finish to side and rear elevations
**Decision:** Permitted
**Decision Date:** 2013-02-28
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/3823-lonan-laxey-village-commissioners-replacement-demolition/documents/1286490

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# Planning Officer Report

Case Officer: Mr A Holmes Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

## Officer's Report

### The Site

1. The application site is the curtilage of 35 New Road, Laxey, within the Laxey Conservation Area designated in 1990.
2. The property is two storey, rendered finish to the south west elevation on to the New Road, stepping down the hill to the rear with a three storey main block and a two storey addition.
3. The property appears to have been altered many times in its history.

### The Proposal

4. Proposed in this application is the demolition of a chimney stack located on the south west elevation and one at the junction of the outshot roof with the rear of the main building to the north east elevation, the installation of a roof light to the south west and north east elevation, the replacement of the roof light to the north east elevation, the replacement of existing stained timber windows to the south west, north east and north west elevations with uPVC and the re-rendering of the south east, north east and north west elevations and the re-rendering of the south east, north east and north west elevations.

### Planning Status

5. The site lies within an area designated as being Mixed Use within the Laxey and Lonan Area Plan Order 2005 approved by Tynwald on 20th October 2005.
6. The site also lies within the Laxey Conservation Area designated in 1990.

### Planning History

7. The most recent applications were planning permission granted for the replacement of timber windows and doors under applications 96/00357/B. Prior to that, the only significant applications were 91/01647/B for the conversion of existing ladies toilets into general toilets for public use and 85/00659/B for the external rendering and replacement of a bay window.

### Planning Policy

8. As the application site is located within the Laxey Conservation Area, designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 are General

[Table omitted in markdown export]

Policy 2, Environment Policies 35 and Policy CA/2 Special Planning Considerations from Planning Policy Statement 1/01 (Conservation of the Historic Environment) and Planning Circular 1/98 The Alteration and Replacement of windows, specifically Category b) BUILDINGS IN CONSERVATION AREAS is also relevant to determining this application.

### 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 states;

"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."

### Policy CA/2 - Special Planning Considerations states;

"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.

Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

### Category b) BUILDINGS IN CONSERVATION AREAS

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 materials 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 originals, but not necessarily the original method of opening, whatever the material used in the construction.

Reasons for Policy: The Department has a duty to determine which parts of the Island are areas of special architectural or historic interest, the character of which it is desirable to preserve or enhance, and shall by order, designate such areas as Conservation Areas. Planning Approval is required for all external works to properties in Conservation Areas to ensure that any proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole."

### Representations

9. To date no representations have been received.

### Assessment

10. That proposed is a modest level of development. The chimneystacks located on the south west elevation and one at the junction of the outshot roof with the rear of the main building to the north east elevation add little to the architectural design/style of the property. In similar vein, the replacement of the roof light to the north east elevation, the replacement of existing stained timber windows to the south west, north east and north west elevations with uPVC in the same opening pattern as existing and the re-rendering of the south east, north east and north west elevations could not be considered to have a detrimental impact upon the Conservation Area as the change in appearance of the property is negligible.

11. In conclusion, that proposed is considered to respect the character of the village setting and the wider Conservation Area within which the property sits and is therefore considered to comply with the provisions of General Policy 2 and Environment Policy 35 in the Isle of Man Strategic Plan 2007, policy CA/2 of the Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man and the provisions set out in the policy for Category a) buildings in Planning Circular 1/98.

### Recommendation

12. It is recommended that this application is approved.

### Party Status

13. The local authority, Laxey Commissioners, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 26.02.2013

### 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

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 drawing nos 01, 02 and 03 all date stamped the 21st December 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 : 28.2.13

Determining officer (delete as appropriate)

Signed : Samuel Anthony Holmes Senior Planning Officer

Signed : Samuel Michael Gallagher Director of Planning and Building Control

Signed : Samuel Jennifer Chance Development Control Manager

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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/3823-lonan-laxey-village-commissioners-replacement-demolition/documents/1286490*
