**Document:** Officer Report **Application:** 14/01300/B — Installation of replacement windows **Decision:** Permitted **Decision Date:** 2014-12-23 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/5319-lonan-la-mona-lisa-restaurant-glen-windows-replacement/documents/913503 --- # Officer Report **Application No.:** 14/01300/B **Applicant:** Serendipity Limited **Proposal:** Installation of replacement windows **Site Address:** La Mona Lisa Restaurant Glen Road Laxey Isle of Man IM4 7AB Case Officer : Mr Edmond Riley **Photo Taken:** 26.11.2014 **Site Visit:** 26.11.2014 **Expected Decision Level:** Officer Delegation ## Officer’s Report 1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of the La Mona Lisa Restaurant, Glen Road, Laxey, which is a two-storey attached property, located on a corner plot with the Glen Road located to the south and Minorca Hill to the north. 2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of replacement windows - two to the front, and public-facing, elevation and a further four around to the rear. The proposal would replace the existing timber windows with uPVC Rosewood windows of a like-for-like casement opening style. 3.0 PLANNING HISTORY - 3.1 The following previous planning applications which are considered relevant in the assessment and determination of this application:- - o Installation of replacement shop windows - 08/01907/B - APPROVED - o Installation of a replacement hardwood front door - 05/92403/B - APPROVED - o Installation of extraction flue - 02/01678/B - REFUSED 3.2 In respect of the most recent of these applications, the case officer commented in full as follows: "The proposal is a minor alteration to replace the three main restaurant windows. The major difference would be the removal of the panel window located on the corner, between the two larger windows. "After discussion with the Conservation Officer, he does not consider these smaller square panels are original, but have been added in the past. Accordingly the Officer has no objection to the proposal. "Overall, it is considered the proposal would be acceptable for the reasons given previously within this report, but also as the proposal would not result in any adverse visual impacts upon the appearance of the Conservation Area. Accordingly, the proposal would be appropriate in this location and therefore the application is recommended for an approval." 4.0 PLANNING POLICY - 4.1 The site is within an area of 'mixed use' under the Laxey and Lonan Area Plan Order 2005, hereafter referred to as the Laxey and Lonan Area Plan. The site is also within Laxey's Conservation Area. - 4.2 In terms of Strategic Plan policy, perhaps the key one is Environment Policy 35, which states in full: "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." - 4.3 General Policy 2 is also relevant. It states, in part: "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; (g) does not affect adversely the amenity of local residents or the character of the locality". 4.4 Planning Circular 1/98 sets out the Department's policy for of the alteration and replacement of windows. In respect of buildings within Conservation Areas it 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 original. 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 originals, but not necessarily the original method of opening, whatever the material to be used in the construction." 5.0 REPRESENTATIONS - 5.1 Laxey Village Commissioners, in correspondence received 3rd December 2014, recommend the application be approved. 6.0 ASSESSMENT - 6.1 Since the changes proposed are aesthetic, the key issue to address is whether or not the new windows and door would successfully preserve or enhance the character or appearance of the Conservation Area. - 6.2 Essentially the proposal is a "like-for-like" replacement, with the sole change being that of an exchange of timber for uPVC. In far more prominent positions in Conservation Areas, both in Laxey and elsewhere on the Island, uPVC as a material is fairly widely used. In this sense, while timber is always preferred, it is considered that to insist upon uPVC in this location would be unreasonable given its fairly well-hidden siting and the lack of harm that would result from the difference in material is limited. - 6.3 There is no record of what the original windows in this dwelling would have looked like. This makes the application of the replacement window policy as outlined in Circular 1/98 a little difficult. The same pattern of glazing bars and frame sections should also be sought; - this, too, is difficult given the lack of information in respect of the original windows. It must be acknowledged and at least partially welcomed that the proposed windows would match the existing in these matters. - 6.4 The existing windows are timber and in a fairly poor condition. The proposed replacement windows would match those already replaced following the 2008 approval and in this are acceptable. It should also be noted that, as a business unit, it is not necessarily appropriate to seek what might normally be considered 'traditional' (that is, sliding sash) window forms. - 6.5 The previous approval is a material consideration. The matching of the fairly recent replacement windows with those now proposed - and they would have a similar, if not identical, appearance and material - is considered to be acceptable. - 6.6 The site enjoys a prominent location within Laxey's Conservation Area and, although the proposal would certainly not enhance the character or appearance of the built environment here, it is equally considered that it could be reasonably concluded that the replacement windows would preserve the appearance of the area. While, as noted, the existing windows are in poor condition, this is as much an issue of maintenance as anything and the replacement of old material with new should not be considered to represent an improvement in visual terms. 7.0 RECOMMENDATION - 7.1 It is therefore recommended that the application be approved. 8.0 INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits. Recommendation Recommended Decision: Permitted Date of Recommendation: 15.12.2014 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 approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. The approval hereby issued relates to the following plans and information, date-stamped as having been received 13th November 2014: the untitled location plan (scale 1:500), the Window Drawing sheet and the untitled photograph sheet showing the 6 numbered windows. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. Decision Made : Permitted Date : 22nd December 2014 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance Head of Development Management --- *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/5319-lonan-la-mona-lisa-restaurant-glen-windows-replacement/documents/913503*