**Document:** Planning Report and Recommendations **Application:** 14/00002/B — Installation of replacement windows, erection of balustrade over garage and removal of chimney stacks **Decision:** Refused **Decision Date:** 2014-02-14 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/34335-rushen-8-10-church-replacement-garage/documents/1585581 --- # Planning Report and Recommendations ###### Planning Report And Recommendations ![A planning report document page displaying application metadata and a text summary of the proposal and site details.](https://images.planningportal.im/2014/01/7143366.jpg) No.: Fistard Property Investments Limited Instaiiation of windows, erection of balustrade over garage and removal of chimney stacks -10 Church Road Port Erin Site Address: Man IM9 6AQ Case Officer: Taken : Miss Meiissa McKnight ##### Site Expected Decision Level: Officer Delegation ## Officer's Report ## - 1.0 THE APPQCATION SITE application site is the curtilage of 8 - 10 Church Road, two three storey terraced buildings located at the end of a row of four buildings on the southern side of Road in Port Erin. - 1.1 The row of buildings that adjoin the application site and Balmoral House, located at the junction with Station Road, are of and have a maintained a traditional Victorian appearance particularly at first and second floor level. - 1.2 No. 8 Church Road currently comprises a Post Office with No, 10 Church Road currently operating as a second hand dothing store. Both buildings have living accommodation on first and second floors. - 1.3 - 1.4 Church Road contains a variety of buildings of mixed form and appearance. Adjacent to the application site is St Catherine's Church. ## - 2.0 THE PROPOSAL The planning application seeks approval for the installation of replacement windows, removal of five stacks, and the erection of balustrade over the existing garage to the rear of No. 8 Church Road. - 2.1 The existing first and second floor windows on the front, side and rear would be replaced with white UPVC framed top opening casements. The replacement windows on the ground side elevation would with no opening lights. The garage door to the rear of No. 8 Church Road would be replaced with a sectional panel up and over door. There would be no alterations made to the ground floor shop fronts. - 2.2 As previously mentioned, the proposal also involves the removal of five chimney stacks; three at the front and two at the rear. The apertures left from the removal of the chimney stacks would be roofed over to match the main roof. - 2.3 - 2.4 The final element of the proposal is to erect metal balustrade over the existing garage to provide guarding and improve fire escape access from the two apartments on first - 5 February 2014 14/00002/B Page 1 of 6 and second floor level. Drawing no. 1232.1 details that the existing balustrade leading from the first floor fire escape may replaced subject to an engineers appraisal. be the case and the planning be approved, a would be attached to the approval ensuring that this section of matches the ## - 2.5 - 3.0 PLANNING HISTORY The most recent planning application for No. 8-10 Road was for the provision of advertising sign in which was planning permission under PA in Prior to this, permission was for of a shop front to No. 8 Church in 1992 under PA and preceding this, planning permission was the alterations to the front of No. 10 Church Road in 1987 under PA 87/01551/B. - 3.1 No. 14 Church Road was granted planning approval for the installation of replacement windows, removal of a chimney stack at the of the building and the demolition of outbuildings the rear to create vehicular PA in The Case Officer the chimney did not add a interest to the property or street scene and considered its would be 3,2 ## - 4.0 PLANNING POUCY In terms of local plan policy, the application site is in an area designated as Mixed Use under the Area Plan for the South 2013. The site also lies within the proposed Port Erin Conservation Area. - 4.1 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically relevant to the assessment of this current planning application: 4.2 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: is in with the design brief in the Area Plan where there is such a brief; respects the site and surroundings in terms of the siting, layout, form, design and landscaping of buildings spaces around them; does not affect adversely the character of surrounding landscape or townscape; does not adversely affect the wildlife or locally important habitats on the site or adjacent land, water does not affect public views of the sea; - (d) - (e) where possible existing topography and landscape features, particularly trees and sod banks; does not adversely the amenity of local residents or the character of the locality; 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; does not have an unacceptable effect on road safety or traffic flows on the local highways; (i) ## 0) be all necessary services; does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; is not on contaminated land or subject to unreasonable risk of erosion or flooding; (I) ###### 5 February 2014 Page 2 of 6 takes account of community and personal safety and security in the design of buildings and the spaces around them; and is designed having due regard to best practice in reducing energy consumption." - (m) - (n) 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, ensure that the special features contributing to the character and quality are protected against inappropriate development." In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states: 4.3 "If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would from a public thoroughfare MUST HAVE THE SAME method of opening as Whatever the material used in their construction, the windows MUST 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 bars as the original method of opening, whatever the material used in the construction." ## - 5.0 REPRESENTATIONS 5.1 Port Erin Commissioners have no objection to the current planning application. - 6.0 ASSESSMENT Given the level and nature of development proposed and the location of the application site it is imperative consider the impacts of the on the street scene of Road proposed Port Erin Conservation Area and what impact the proposed alterations would have on the appearance of the application site building. - 6.1 There are three elements contained within the proposal, it is therefore felt appropriate to assess each element ## - 6.2 - 6.3 INSTALLATION OF REPLACEMENT WINDOWS - 6.3.1 No. 8-10 Church Road currently has a mix of windows installed. The front elevation of No. 10 Church Road, at first and second floor level, has retained traditional sash windows whereas No. 8 Church Road had at the floor The second floor of No. 8 Church has sash windows. The rear elevation application site buildings a mix of windows varying from sliding sash, casements and side opening windows. - 6.3.2 Environment Policy 35 states that development within a Conservation Area will only be permitted if the development would preserve or enhance the character or appearance of the area. Although the application site is not within a Conservation Area, the area is within a proposed Conservation Area. - 6.3.3 As previously stated. No. 10 Church Road have retained timber framed sliding sash windows on the front elevation and to see their loss would have a detrimental impact on the of building would neither preserve or enhance the character or quality of Church Road which is within a proposed Conservation Area. #### 5 6February 2014 14/00002/B Page 3 of - 6.3.4 There appears to be no planning history relating to the windows installed on the first floor of No. 8 Church Road. It is therefore assumed that the original windows have been replaced without planning permission. As a result, looking at what would have been in situ; the would take away a element of the building has retained a Victorian facade. - 6.3.5 The application site is located in a prominent location within the street and therefore any proposed alterations be sympathetic to its existing appearance. The replacement windows are not considered be sympathetic and to have a detrimental impact on the appearance and character of No. 8 and No. 10 Church Road. - 6.3.6 Planning Circular 1/98 states that if the original windows are in place then they should preferably be repaired. If repair is impracticable, replacement windows which would be readily from a public must the same opening as the originals. Whatever the material used their construction, the windows must have the same pattern and of glazing bars and the same sections as the windows. The replacement front elevation windows fails to accord with the above policy as the replacement windows would not have the same opening method as the originals. - 6.3.7 The proposed replacement of the rear windows are considered to have a minimal, if any, Impact on the character or appearance of the street scene as they would not be visible a thoroughfare. - 6.3.8 The second section of Planning Circular 1/98: The Alteration and Replacement of Windows that windows not visible from a public thoroughfare have the same or similar pattern of bars as the method of opening, whatever used in construction. Although the proposed replacement windows would not have the same or similar pattern of bars, what is proposed would afford a uniformed appearance of the rear elevation. windows would be seen from those using the what is proposed under scheme offer a tidy and uniformed window appearance to the rear of these two adjoining properties. - 6.3.9 Overall, the replacement of the front elevation windows is judged to have a harmful impact on the of building in turn fails to preserve or the character and quality of the street scene of Church Road. As previously mentioned, the application site is a proposed Conservation Area where there has been special or interest and where character the area is found desirable to either preserve or enhance. element of the proposal fails to do either and would detract from the existing interest of the building. ## 6.4 REMOVAL OF THE CHIMNEY STACKS - 6.4.1 Chimneys can be important to traditional properties add to the character and quality of the property the street scene and therefore careful consideration. - 6.4.2 The site, as reiterated throughout this report, is in a proposed Conservation Area and therefore the fabric of the buildings that have contributed to the interest of the proposed of the area as a Conservation Area should be preserved or enhanced, - 6.4.3 This particular row of terraced buildings which the application site forms part of, and Balmoral House, has a regimented style their proportions and detailing such as windows, and From visiting site it was dear that the chimneys an important role in the overall design and character of the terrace and to lose any of these would be to the street scene, character the area and appearance of the building. As such, the of the chimney stacks would neither preserve nor enhance the of ###### 5 6February 2014 14/00002/B Page 4 of area as it does not ensure that the special features contributing to the character of the building and the locality considered for Conservation designation are protected. ### 6.5 ERECnON OF BALUSTRADING - 6.5.1 The erection of the balustrading above the existing flat roofed garage is considered to be a fairly minimal form of development and is not judged to impact upon public amenity or the visual amenity of the locality. ## 6.6 CONCLUSIONS - 6.6.1 As the application site is within a proposed Conservation Area, it was felt necessary to discuss the proposal development with the Conservation Area. The Conservation Officer shared the concerns of the Case Officer with regards to the replacement windows and removal of the chimney stacks and found that they further eroded the features that contribute to the attractiveness of a Victorian period building. No concerns were raised regarding the erection of the balustrading, - 6.6.2 Port St Mary, is to maintain and enhance the character, quality and distinctiveness of the local built and the nucleated This fails to protect the local identity and attractiveness, particularly of the upper floors, of the application site As outlined in the Area Plan for the South 2013, the overall strategy for Port Erin, and - 7.0 7.1 It is recommended that the planning application be refused. PARTY The local authority. Port Erin Commissioners, is by virtue of the Town and Country Planning Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status. - 8.1 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No. Order paragraph 6 Recommendation Recommended Decision: Refused ### 04.02.2014 Date of Recommendation: and for / Notes Refusal : approval : Notes conditions R : for O : Notes attached to refusals - R 1. installation of top opening casement windows to replace the first and second floor front elevation sliding sash windows of No. 10 Church Road and second floor front elevation sliding sash of No. 8 Church Road wouid not preserve or enhance character and appearance of existing buiiding, street scene of Church Road proposed Port Erin Conservation Area which would be contrary to Environment Policy 35 of the Isle of Man Strategic Pian. - R 2. The casement windows in the first and second floor of the front elevations would not have the original method of opening and therefore wouid be contrary to Pianning Circular - R 3. The removai of the chimneys wouid represent the ioss of a speciai feature which toward character of the application site buildings and terrace and wouid therefore undermine the appearance of the row of buildings which are located within the proposed Port Erin Conservation Area. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Pianning and / Development Control Manager/ Senior Pianning Officer. DecisionMade:Refused Date: D.bk Determining officer (delete as appropriate) Signed :............................ Senior Planning Officer Signed :............................ Anthony Senior Planning Officer Signed :............ Jennifer Chance Signed : Gallagher ###### Director of Planning and Buiiding Control 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/34335-rushen-8-10-church-replacement-garage/documents/1585581*