**Document:** Officer Planning Report Recommendation **Application:** 10/01475/B — Installation of replacement windows (Retrospective) **Decision:** Refused **Decision Date:** 2010-12-06 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/37206-german-5-market-place-windows-replacement-retrospective/documents/1361770 --- # Officer Planning Report Recommendation **Application No.:** ** 10/01475/B ** **Applicant:** ** Colefax Limited ** **Proposal:** ** Installation of replacement windows (Retrospective) ** **Site Address:** ** 5 Market Place - Peel - Isle Of Man - IM5 1AB ### Considerations **Case Officer:** Mr Steve Stanley ** **Photo Taken:** ** - ** **Site Visit:** ** - ** **Expected Decision Level:** ** Senior Planning Officer ### Written Representations ### Consultations **Consultee:** Highways Division **Notes:** **Consultee:** Peel Town Commissioners **Notes:** Approval. **Consultee:** Planning Enforcement Officer **Notes:** ### Officer's Report #### The Site The application site is the curtilage of 5 Market Place in Peel. The property is a two-storey semi-detached dwelling which faces south east onto Market Place and St Peters Church to the rear. #### Planning Status The application site is located within an area designated as being "Mixed Use" by the Peel Local Plan. The site is also located within the Peel Conservation Area. Policy 9.16 which is set out within the Peel Written Statement 1989 (Planning Circular 6/89), is considered specifically material to the assessment of this planning application. This states: "Particular attention will be paid to the alteration or extension of a building within the Conservation Area which must be carried out in a manner sympathetic to the existing building and its setting". Within the Isle of Man Strategic Plan 2007 the following policy is considered to be relevant in the assessment and determination of this application: 30 November 2010 10/01475/B Page 1 of 4 Environment Policy 35, which 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." Planning Circular 1/98, The Alteration and Replacement of Windows, contains a policy which is considered material to the assessment of this current planning application: **Category b) BUILDINGS IN CONSERVATION AREAS** **6. Policy** 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. 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. ## **PLANNING HISTORY** The following previous planning applications are considered relevant in the assessment and determination of this application: - 00/00658/B sought approval for the installation of replacement windows and doors. This was permitted. - 10/00844/B sought approval for the installation of replacement windows. This was permitted. The windows proposed were uPVC sliding sash. ## **THE PROPOSAL** This application seeks retrospective planning approval for the installation of uPVC casement windows. The windows have been installed and do not comply with the style of windows approved under PA10/00844/B. **REPRESENTATIONS** The Highways Division has does not object to this application. Peel Town Commissioners recommend approval. **ASSESSMENT** The application site is located within an area of mixed use within the Peel Conservation Area. Given the nature of the proposed development it is appropriate to assess the impact of the proposal on the character of the existing building, the surrounding area and particularly with regard to the character of the Peel Conservation Area. The windows approved under PA10/00844/B, whilst not being of timber construction, would have replicated the sliding sash method of opening and glazing bar pattern of the original windows. The original windows were a key feature of buildings in the older district of Peel which adds to the character of the Conservation Area. Replication of the method of opening and glazing bar pattern of original windows, albeit in uPVC as opposed to timber is generally acceptable and the adjacent property demonstrates that uPVC can be acceptable as a construction materials provided the dimensions of the windows, their method of opening and glazing bar details are carefully replicated. The windows installed do not replicate either the method of opening of the original windows or the detailing of the glazing bars. The window frames appear very thick, particularly the outer frame and the glazing bars are considerably wider than those of the original windows. The casement type window opening is also different to the sliding sash method of opening displayed by the original windows. It is concluded that the windows installed are inappropriate to the building and fail to replicate the method of opening or glazing bar detailing of the original windows. The result is the loss of a feature which contributes to the character of the Peel Conservation Area. The proposal fails to either preserve or enhance the amenities of the area, contrary to EP35 of the Strategic Plan. ## Recommendation It is recommended that the application be refused and consideration be given to enforcement action. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: ### Peel Town 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: 30.11 .2010 ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : Notes attached to refusals ### R 1. The windows installed to the front elevation of the property do not replicate either the method of opening or glazing bar detailing of the original windows. The windows have particularly thick frames and a casement opening and fail to preserve or enhance the character of the Peel Conservation Area, contrary to Planning Circular 1/98 and Environmental Policy 35. --- *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/37206-german-5-market-place-windows-replacement-retrospective/documents/1361770*