**Document:** DEC Decision Notice
**Application:** 13/00538/B — Installation of five replacement windows to south elevation
**Decision:** Permitted
**Decision Date:** 2013-06-21
**Parish:** Lonan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/4369-lonan-wheel-view-hill-windows-replacement/documents/910553

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# DEC Decision Notice

Paul Ernest Cowin
Wheel View
Wheel Hill
Laxey
Isle Of Man
IM4 7NL

## Town and Country Planning Act 1999

### The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Paul Ernest Cowin, Ref 13/00538/B, for the Installation of five replacement windows to south elevation at Wheel View Wheel Hill Laxey Isle Of Man IM4 7NL subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

Reason: To accord with the provisions of Section 13(1) of the Town and Country Planning (Development Procedure) Order 2005.
2. The development hereby permitted shall not be carried out except in full accordance with the untitled location plan and the untitled elevation plan, both received on 2 May 2013, and the letter received from the applicant, received on 17 June 2013.

Date of Issue:
21st June 2013

### M Gallyher

Director of Planning and Building Control

### Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

- The time for requesting an appeal has expired; or
- Any appeal has been determined;

Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im

## Planning Officer Report And Recommendations

[Table omitted in markdown export]

Case Officer : Mr Edmond Riley
Photo Taken :
Site Visit : 11.06.2013
Expected Decision Level : Officer Delegation

## Officer's Report

### 1.0 The Site

1.1 The application site is the curtilage of Wheel View, Wheel Hill, Laxey, which is a traditional detached dwelling situated immediately adjacent Laxey Wheel. Wheel View is at the end of Wheel Hill, with one dwelling (“Ivy Dene”) sitting further down the slope away from Wheel View and another dwelling (“Holly Bank”) sat on the opposite side of the highway. Wheel View is a split level dwelling with two- and three-storey elements. All windows are timber sliding sash windows.

### 2.0 The Proposal

2.1 The application seeks approval for the installation of five replacement windows in the front elevation. The proposed windows would be PVC sliding sash with a central bar.

2.2 The existing windows are timber-framed sash windows.

### 3.0 Planning History

3.1 There are no previous planning applications on this site that are considered specifically material to the determination of this application. However, an application approved on a neighbouring dwelling is considered relevant:

- 04/00679 - Installation of timber sliding sash windows to replace existing – APPROVED

### 4.0 Development Plan Policies

4.1 The application site is within an area zoned as an “Area of High Landscape Value and Scenic Significance” identified on the Laxey and Lonan Area Plan (2005), Map No. 1; it is also within the Laxey Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007), Policy L/CRB/PR/3 of the Laxey and Lonan Area Plan Order, and Planning Circular 1/98.

4.2 The relevant parts of General Policy 2 state: “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:

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, and
g) Does not affect adversely the amenity of local residents or the character of the locality'.
4.3 Environment Policy 35 reads: "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".
4.4 Policy L/CRB/PR/3 of the Laxey and Lonan Area Plan Order reads: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the Area to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12) (4)".
4.4 Planning Circular 1/98, with reference to buildings in Conservation Areas, states: "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 the construction, the windows must have the same pattern and section of glazing bars and the same frame sections as the original windows".

## 5.0 Consultations

5.1 Laxey Village Commissioners raise no objection.

#### 6.0 Assessment

6.1 The application seeks approval for the installation of five replacement windows with a type to match as closely as possible the existing. In terms of colour, size, shape, design, glazing panels and opening method, the replacement windows would be identical to the existing; the sole differences are in the material (which would be plastic, compared to the existing wood) and glazing style (double-glazing would replace single-glazing). The main issue to consider in the assessment of the application is the impact upon the character and appearance of the Conservation Area, and also on the Laxey Wheel that sits immediately behind the application site.
6.2 It is first important to note that exact details of the proposed replacement windows are not known, as the applicant has yet to decide which windows are to be used if planning permission is granted. Clarification has been sought from the applicant on this situation, who advises as follows:
"As the property is in a conservation area and so, I assume, relatively sensitive from a planning perspective, I anticipate that the Department will expect as near as possible a like for like replacement. I therefore propose to replace with sliding sash PVC framed windows.
"I would therefore appreciate your processing this application in respect of the replacement of five existing timber-framed windows with PVC framed double-glazed units."

On this basis, as outlined in 6.1 above, this report has been written on the expectation that the replacement windows will match completely in terms of style, with the sole changes being that the existing windows are single-glazed and wooden while the replacements would be double-glazed and plastic.

6.3 No Character Appraisal for the Laxey Conservation Area exists. Therefore, Circular 1/98 must be considered in the context of the development plan policies of the Strategic Plan (specifically General Policy 2 and Environment Policy 35) and the Laxey and Lonan Area Plan Order (specifically L/CRB/PR/3).
6.4 General Policy 2 is clear that development should only be permitted where it is complementary to existing development. Ive Dene's windows are not pronounced in the streetscene, although Holly Bank's windows are. Holly Bank's windows were replaced with timber sash windows following a grant of planning approval in 2004. These are of a nearidentical style and shape to the application site and, as such, new windows that meet this design would be considered complementary to existing development.
6.5 Policy L/CRB/PR/3 of the Laxey and Lonan Area Plan Order is clear that special attention should be given to development proposals within Conservation Areas, with specific reference made to the importance of preserving or enhancing the character or appearance of the Area. It is considered that white plastic would, in this regard, preserve (rather than enhance) the character and appearance of the Conservation Area to a sufficient extent. While wood would be an entirely preferable choice, it is true that good quality plastic sash windows are available that would enable the appearance of the Conservation Area to be preserved. For this same reason, the provisions of Strategic Plan Environment Policy 35 are considered to be met.
6.12 Given the impact of the proposal is not considered so great as to have such a negative impact on the streetscene or Conservation Area that any harm is likely to occur, no objection is raised.

## 7.0 Recommendation

7.1 On the basis that, in respect of the matters addressed above, no significant harm is expected to arise from the granting of planning permission, a recommendation of approval is made.

#### 8.0 Party Status

8.1 The local authority, Laxey Village Commissioners, is, 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 18.06.2013
Recommendation:

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 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.

Reason: To accord with the provisions of Section 13(1) of the Town and Country Planning (Development Procedure) Order 2005.

C 2.
The development hereby permitted shall not be carried out except in full accordance with the untitled location plan and the untitled elevation plan, both received on 2 May 2013, and the letter received from the applicant, received on 17 June 2013.

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 : $\qquad$
Determining officer (delete as appropriate)
Signed : $\qquad$
Anthony Holmes
Senior Planning Officer
Signed : $\qquad$
Michael Gallagher
Director of Planning and Building Control

Signed : $\qquad$
Sarah Coplett
Senior Planning Officer
Signed : $\qquad$
Jennifer Chance
Development Control Manager

PA13/00538/B Paul Ernest Cowin
Installation of five replacement windows to south elevation, Wheel View Wheel Hill Laxey Isle Of Man IM4 7NL
Planning Officer:
Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 09.05.2013, includes;

Conservation Areas:
Cons Areas: Laxey Cons Area
Dev Control Polygons:
Reference Number: 08/02157/B
Status: Permitted
Proposal: Installation of a satellite dish on south elevation
Reference Number: 99/00410/B
Status: Permitted
Proposal: Erection of front porch, Wheel View, Wheel Hill, Laxey.

Reference Number: 85/00218/B
Status: Permitted
Proposal: Extension to rear of dwelling to enlarge kitchen, Wheel View, Wheel Hill, Laxey Village.

Reference Number: 04/01904/B
Status: Permitted
Proposal: Alterations and extension to form additional living accommodation to the south elevation,

Reference Number: 05/01927/B
Status: Permitted
Proposal: Replacement porch built off west elevation ( Amendment to PA 04/01904)

BC Case Polygon:
Reference Number: 90/02652/DEX
BC Case Status: Plans Approved
Proposal: Extension
Reference Number: 04/07615/DEX
BC Case Status: Building Work Started
Proposal: Extension (3 storeys) forming Workshop, Dining
Room and Sun Room over
Reference Number: 85/02097/DEX
BC Case Status: Building Work Complete
Proposal: Extension to provide additional kitchen area

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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/4369-lonan-wheel-view-hill-windows-replacement/documents/910553*