**Document:** Officer Report
**Application:** 15/00434/B — Installation of replacement windows to front elevation
**Decision:** Refused
**Decision Date:** 2015-08-11
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/5966-german-7-charles-street-windows-replacement/documents/917410

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# Officer Report

**Application No.:** 15/00434/B
**Applicant:** Christopher Gilbert & Pamela Fordham
**Proposal:** Installation of replacement windows to front elevation
**Site Address:** 7 Charles Street Peel Isle Of Man IM5 1AF Case Officer : Miss Melissa McKnight
**Expected Decision Level:** Planning Committee

## Officer’s Report

THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTER OF PLANNING AND BUILDING CONTROL.

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 7 Charles Street, a two storey mid terraced dwelling located on the northern side of Charles Street in Peel. The application site is a Registered Building as indicated on the Department of Infrastructure's protected buildings list number 108. The site also lies within Peel Conservation Area.

2.0 THE PROPOSAL - 2.1 This current planning application seeks approval for the removal of the existing timber sliding sash windows on the front elevation and installation of UPVC framed sliding sash windows in their replace.

3.0 PLANNING HISTORY - 3.1 The application site has not been the subject of any previous planning applications that are considered materially relevant to the assessment of this current planning application.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site lies within an area zoned as Mixed Use under the Peel Local Plan 1989. As previously mentioned, the application site also lies within the Peel Conservation Area. There are two paragraphs within Planning Circular 6/89, the written statement that accompanies the local plan, which are considered materially relevant to the assessment of this current planning application:

- Paragraph 9.15 states: "The character of the Conservation Area should be encouraged by positive schemes of action which will apply to areas and individual buildings and include the historic pattern of streets and spaces."
- Paragraph 9.16 states: "Particular attention will be paid to the alteration or extension of a building within the Conservation Area which must be carried out in a manner sympathetic to the existing building and its setting."

### 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains fourpolices which are considered materially relevant to the assessment of this current planningapplication:

Strategic Policy 4 states: "Proposals for development must: a) protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National heritage Areas and sites of archaeological interest; b) protect or enhance the landscape quality and nature conservation value or urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and c) not cause or lead to unacceptable environmental pollution or disturbance."

General Policy 2 states: "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:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (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;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) 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;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption."

Environment Policy 32 states: "Extensions of alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

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, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

### 4.3 Planning Policy Statement 1/01 - Policy and Guidance Notes for the Conservation ofthe Historic Environment of the Isle of Man sets down the policies in relation to theconservation of the built environment of the Isle of Man, including policy for the identificationand protection of historic buildings, conservation areas and other elements of theenvironment. This policy statement contains two policies that are considered specificallymaterial to the assessment of this planning application:

Policy RB/3: GENERAL CRITERIA APPLIED IN CONSIDERING REGISTERED BUILDING APPLICATIONS: "The issues that are generally relevant to the consideration of all registered building applications are:- 'The issues that are generally relevant to the consideration of all registered building applications are:

- o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
- o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
- o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings)."

RB/5: ALTERATIONS AND EXTENSIONS: "In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered Building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

4.4 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 5 Category a) REGISTERED BUILDINGS states:

"If the original windows are still in place they should preferably be repaired. If the repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify relaxation.

Reasons for Policy: Registered Buildings are those buildings which are judged to be of special architectural or historic interest and which are already entered into the Protected Buildings register. Because of their special status, these buildings merit particular care and any work carried out by way of repair or alteration requires Registered Building Consent.

Planning Approval and Registered Building Consent ARE ALWAYS required."

5.0 REPRESENTATIONS - 5.1 Peel Town Commissioners recommend that the application be approved (08/01/2015).

6.0 ASSESSMENT - 6.1 As No. 7 Charles Street is a Registered Building, the fundamental issue to consider in the assessment of this current planning application is the impact of the proposed replacement windows upon the visual appearance and architectural character of the property and Peel Conservation Area. - 6.2 Within the application for planning approval form the existing windows have been described as rotten. Planning Circular 1/98 states, "If the original windows are still in place they should preferably be repaired. If the repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify relaxation" - 6.3 The application states that the replacement windows would be UPVC and would match the size, style and colour of the existing windows. No detailed drawings of the replacement windows have been submitted with the planning application, however a brochure has been including highlighting the style of the windows proposed. - 6.4 Whilst the use of PVC is sometimes acceptable within Conservation Areas, this building is Registered and therefore appropriate materials should be used. Although the replacement windows would have the same methods of opening as the existing windows, and glazing bars and sections, the proposed material would be uPVC rather than timber which would not have the same appearance as timber and in many cases presents a 'chunkier' appearance. Often glazing bars and sections are shown in the same location as those existing but are stuck on the outside of the glass or are a strip of plastic within the double glazing, neither of which appears authentic. Given that the windows are not constructed of timber it is considered that the proposed development would not comply with Planning Circular 1/98 or Environment Policy 34. - 6.5 The integrity and heritage value of this Registered Building is in part dependant on the retention and maintenance of its original form and materials of construction. The use of PVC would neither preserve nor enhance the character of the building and in turn would detrimentally affect the character and appearance of No. 7 Charles Street. It should also be acknowledged that the properties along Charles Street have predominantly painted timber sliding sash windows that contribute to the character of the immediate Conservation Area.

6.5 Policy RB/5 of Planning Policy Statement 1/01 indicates "…There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals." In this sense, no additional or supporting information has been submitted, and a case has not been made for the relaxation of the policies. Furthermore no satisfactory photographs have been submitted showing the existing windows. - 6.6 It is considered that the removal of the timber windows and the installation of UPVC windows would have a harmful impact upon the character and appearance of the property itself and as a Registered Building, failing to preserve or enhance Peel Conservation Area. The replacement windows would weaken the character of the property as it would remove an original material from the building which cumulatively gives the character and appearance to the building and also to the Conservation Area in general.

7.0 RECOMMENDATION - 7.1 Overall, it is concluded that the planning application is not in accordance with the provisions set out in Strategic Policy 4, General policy 2, Environment Policy 32 and

- Environment Policy 35 of the Isle of Man Strategic Plan 2007 and as such is recommended for refusal.
- 7.2 It should be noted that until Registered Building consent has been granted, the installation of the roof lights would not be able to be carried out.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
- (d) The Highways Division of the Department of Infrastructure; and
- (e) The local authority in whose district the land the subject of the application is situated.

9.0 PLANNING COMMITTEE SUPPLEMENTARY REPORT - 9.1 The planning application was presented at Planning Committee on 10th August 2015. - 9.2 The application was discussed and a query was raised regarding the wording and statement of paragraph 7.1 which insinuated that the application was recommended for approval. Paragraph 7.1 stated, "Overall, it is concluded that the planning application is in accordance with the provisions set out in Strategic Policy 4, General policy 2, Environment Policy 32 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and as such is recommended for approval." - 9.3 It was explained that a typographical error had been made and paragraph 7.1 should indeed state the following, "Overall, it is concluded that the planning application is not in accordance with the provisions set out in Strategic Policy 4, General policy 2, Environment Policy 32 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and as such is recommended for refusal." This has been amended accordingly.

Recommendation Recommended Decision: Refused Date of Recommendation: 23.07.2015 Reasons and Notes for Refusal R : Reasons for refusal O : Notes attached to refusals

- R 1. The installation of uPVC windows would fail to preserve or enhance the character and appearance of the Registered Building and the Conservation Area within which it is located and is therefore contrary to Environment Policy 32 and Environment Policy 35 of the Isle of Man Strategic Plan.
- R 2. The proposed windows would not match the originals in terms of their materials and therefore would be contrary to Planning Circular 1/98.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Refused Committee Meeting Date:…10.08.2015 Signed : Melissa McKnight Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph). Signatory to delete as appropriate YES/NO

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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/5966-german-7-charles-street-windows-replacement/documents/917410*