**Document:** DEC Decision Notice **Application:** 13/00639/B — Installation of two roof lights and additional window **Decision:** Permitted **Decision Date:** 2013-07-22 **Parish:** Lonan **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/4464-lonan-millstream-cottage-installation-windows/documents/911089 --- # DEC Decision Notice ## Isle of Man ### Government **Sailiqa Eliza Vannie** ### Design Point Architectural Cranford Cronk Y Voddy St Johns Isle of Man IM4 3NS ### 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 Ian Horsey, Ref 13/00639/B, for the installation of two roof lights and additional window at Mill Stream Cottage 40 Mines Road Laxey Isle of Man IM4 7NJ 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. 2. The development hereby permitted shall not be carried out unless in full accordance with the following plans, received 30th May 2013: P13 270 01 Rev P1, P13 270 2 Rev P1 and P13 270 3 Rev P1. 3. Obscure glazing to Pilkington Level 5 or equivalent shall be installed in the bathroom rooflight and shall be kept and maintained thereafter. **Date of Issue:** 22nd July 2013 **M Gallagher** 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] ### Officer's Report #### 1.0 The Site 1.1 The application site is the curtilage of Mill Stream Cottage, 40 Mines Road, Laxey, which is a traditional detached dwelling situated immediately adjacent Laxey River. Mill Stream Cottage is set amongst associated dwellings, but in terms of immediate neighbours has but one – Brook Cottage. To the rear of Mill Stream Cottage, the land rises sharply and is heavily vegetated. 1.2 Mill Stream Cottage is a one and a half storey dwelling, with a second level of accommodation being located within the roofscape; two large dormer windows to the front of the dwelling are prominent. The dwelling is rendered in cream, with a slate-tiled roof and sliding sash windows to its front elevation. To the side elevations, casement windows are predominant, although one sliding sash is also found here. #### 2.0 The Proposal 2.1 Approval is sought for the installation of a window at second storey level, to be obscure glazed, and two roof lights in the rear elevation. The new window would be in the elevation adjacent Brook Cottage. Although the plans do not make this clear, the agent has advised that the frames would be uPVC, and the window casement opening. #### 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, although it is worth noting that replacement uPVC windows were installed via conservation grant assistance in 2002, while the dwelling was raised from a single storey to include the aforementioned dormers under a 2006 approval. ## 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 two new rooflights to the rear elevation and a new window in a side elevation. The new window would overlook Brook Cottage to the south east, and although the distance between the dwellings is not substantial ( 6 metres), Brook Cottage has no fenestration in the gable adjacent Mill Stream Cottage and as such the window - which would, in any case, be obscure-glazed - will not raise any private amenity issues. 6.2 A similar situation exists in terms of the rooflights, which are not visible from public spaces. As noted, the topography to the rear of Mill Stream Cottage is such as to also prevent their being viewed from the rear. Given that the dwelling is itself on a rising slope, views of the rear roof even from within the curtilage of Mill Stream Cottage are not possible. 6.3 uPVC material is already in situ, as are casement windows, and therefore no objection is raised in terms of either of these matters. The positioning of the window and rooflights is considered in keeping with the existing fenestration and acceptable in terms of the proportions of the dwelling as a whole. 6.4 On the basis that no design or public or private amenity issues are raised, the proposal can reasonably be considered to preserve the appearance of the Conservation Area. As such, no conflict with Strategic Plan or Local Plan policies is considered to exist. 6.5 The application is not considered to affect any other material planning consideration. ## 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. #### 7.0 Party Status 7.1 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 19.07.2013 Recommendation: ### 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. The development hereby permitted shall not be carried out unless in full accordance with the following plans, received 30th May 2013: P13 270 01, P13 2702 and P13 2703. all Res P1 C 3. Obscure glazing to Pilkington Level 5 or equivalent shall be installed in the bathroom rooflight and shall be kept and maintained thereafter. 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 : 19.7.13. ### 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 Corlett Senior Planning Officer Signed: $\qquad$ Jennifer Chance Development Control Manager PA13/00639/B Ian Horsey Installation of two roof lights and additional window, Mill Stream Cottage 40 Mines Road Laxey Isle Of Man IM4 7NJ Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 03.06.2013, includes; Listed Buildings: Address: Millstream Cottage,40 Mines Road,Laxey,Isle Of Man,IM4 7NJ Grade: Conservation Grant application Description: Grant application for replacement windows Reference Number: 01/00002/HB Conservation Areas: Cons Areas: Laxey Cons Area Dev Control Polygons: Reference Number: 06/00275/B Status: Permitted Proposal: First floor extension comprising the raising and replacement of the roof, incorporating front dormers and rear extension, to provide additional living accommodation Reference Number: 98/00523/B Status: Permitted Proposal: Installation of replacement dormer windows and new french doors to garden, Millstream Cottage, Mines Road, Laxey. Reference Number: 01/00112/B Status: Permitted Proposal: Installation of uPVC windows to replace existing BC Case Polygon: Reference Number: 06/07246/DEX BC Case Status: Building Work Started Proposal: First storey extension to rear to create en suite shower room together with re - roofing and general upgrading of existing first floor accommodation including raising eaves and replacement dormers together with new floor joists --- *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/4464-lonan-millstream-cottage-installation-windows/documents/911089*