**Document:** Officer Planning Report **Application:** 09/01786/B — Installation of replacement windows **Decision:** Permitted **Decision Date:** 2010-01-06 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/64301-malew-gate-bayrauyr-road-st-windows-replacement/documents/1393925 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] ### Officer's Report #### The Site The site represents the curtilage of an existing dwelling which is situated on the corner of the Bayrauyr (B30) and the B29 highway which runs from The Gate towards the Phildraw Road. The property is a relatively old property which has had at some stage, eaves level dormers and a side extension, set back from the main frontage, and a small porch. The windows in the property are a combination of side hung casements, subdividing each aperture vertically into two equal lights, and top third opening casements in the upper floor. The porch has windows which are subdivided horizontally into two equal parts. The property sits gable towards the road, very close to the road although the property is largely obscured from total view from the public highway. #### Planning Status The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as "white land", that is, not designated for development. On the draft Southern Area Plan published on 23rd October, 2009 the site lies within an area of countryside, identified as Incised Inland Slopes and within a local area referred to as: "Landscape Character Area 2 - Ballamodha, Earystane, and St Mark's: This is a fairly resilient landscape which has accommodated incursions of modern built development without severe detriment. However, some of the larger-scale residential developments lack either the topographical setting or the groups of trees which might have mitigated their visual impact." The draft Planning Policy Statement (2/09) on Landscape Character states, in respect of Incised Inland Slopes: "Type D: Incised Slopes The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:- - (a) Care should be taken to ensure that housing and business development does not detract from the distinctive identity and setting of settlements, and avoids coalescence with other settlements within this Landscape Type; - (b) The design and layout of new housing and business development should include appropriate native structure planting to soften urban edges and enhance the transition to the wider landscape; - (c) Approach routes, key views, and gateways to settlements within these landscapes should be enhanced; - (d) Linear development along roads from settlements that extends urbanising influences into the wider countryside should be avoided; - (e) The use of local vernacular building styles and materials should be encouraged; - (f) New farm buildings that would compromise the pattern and scale of farmsteads across the undulating Incised Slopes landscapes should be discouraged; - (g) Care should be taken to minimise loss of hedgerows, sod banks, and other distinctive boundary features along road corridors; - (h) Tourist-related development, such as camp-sites, should avoid visually prominent locations, particularly those which can be viewed from higher land and those which would extend urbanising influence along the coast; - (i) Care should be taken to avoid the suburbanisation of river valleys and stream corridors; - (j) Tall vertical telecommunications masts or structures which detract from the sloping landform or create visual clutter should be avoided." ## Planning History Planning permission was sought for the principle of the erection of a new dwelling alongside the property under PA 85/733 and 89/1298 which were both refused. Permission was sought for the two storey extension which has been erected, under PA 86/0244. ### The Proposal Proposed is the replacement of the existing windows with sliding sashes in the upper floor and fixed lights subdivided into four equal panes on the ground floor. ### Representations Malew Parish Commissioners indicate that they do not object to the application ### Assessment The property retains some of its traditional characteristics but has been altered somewhat and the windows and full front elevation are not fully visible from the public highway. As such the provisions of Planning Circular 1/98 are applicable, which state: "Buildings erected before 1921 and not falling within categories a) or b) which have largely retained their original character - in an individual building, or group of buildings, whose principal 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 the existing windows are not the originals, the preference will be for replacement windows on 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 original windows. Windows not part of the principal elevations and which are not readily visible from the public thoroughfare should preferably have the same or similar pattern of glazing bars as the originals, but not necessarily the original method opening, whatever the material used in their construction. In this case the windows which are in the property are not the originals and what are proposed to be installed are mostly sliding sash, which would replicate the original style of opening. The windows to be installed on the ground floor are more like sliding sash than the existing and altogether the proposed replacement windows represent an improvement on the existing glazing pattern. IN any case, the windows are not particularly visible. ## **PARTY STATUS** The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. --- **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 07.12.2009 --- **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 permission relates to the replacement of the existing windows as shown in drawings FE1, SE1 and LOC1 all received on 2nd November, 2009. --- I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer **Decision Made : Permitted** **Date :** ............................... --- 7 December 2009 09/01786/B Page 3 of 4 Signed : ________________________________ Senior Planning Officer --- 7 December 2009 09/01786/B --- *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/64301-malew-gate-bayrauyr-road-st-windows-replacement/documents/1393925*