**Document:** DEC Officer Report **Application:** 21/00393/B — Installation of replacement windows **Decision:** Permitted **Decision Date:** 2021-06-30 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/7410-rushen-valhalla-1-athol-street-windows-replacement/documents/931620 --- # DEC Officer Report **Application No.:** 21/00393/B **Applicant:** Sara Joanne & Paul Anthony Dunne **Proposal:** Installation of replacement windows **Site Address:** Valhalla 1 Athol Street Port St. Mary Isle Of Man IM9 5DS **Planning Officer:** Mr Paul Visigah **Recommended Decision:** Permitted **Date of Recommendation:** 25.06.2021 _________________________________________________________________ ## Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions - 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals. - C 2. All the replacement windows shall remain as specified within the New window details and photographs received 25th March, 2021; and email received on 15th June 2021. No new window type shall be installed beside that which is hereby approved. Reason: In the interests of the character and appearance of the site and surrounding area. This application has been recommended for approval for the following reason. The application is considered to comply with Environment Policy 35 of the Isle of Man Strategic Plan 2016, Policy CA/2 of Planning Policy Statement 1/01 and Planning Circular 1/98. Plans/Drawings/Information; This decision relates to the Supporting Information, Location Plan, Site Plan, Photographs, date stamped and received on 25th March, 2021, and email received 15th June, 2021. _______________________________________________________________ ### Interested Person Status – Additional Persons It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions, there comments are that there is no flood risk management interest: Department of Infrastructure (DOI) Flood Risk Management Division _____________________________________________________________________________ ### Officer’s Report 1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Valhalla, 1 Athol Street Port St. Mary, - a former Garage and Workshop situated at the junction between Athol Place, High Street and Athol Street. This Manx stone building has Georgian style timber sliding sash windows on the first and second floor front elevation, while the entire ground floor front elevation has Georgian style full height doors installed alongside the timber entrance door which has full height feature windows placed on both sides. 2.0 THE PROPOSAL - 2.1 The proposal seeks planning approval for the installation of replacement windows. - 2.2 The proposed works would involve the replacement of the existing timber sliding sash windows (Georgian style) on the first and second floor front elevation with UPVC sliding sash windows with horns and Georgian bars running through to mirror the existing. The works would also involve the replacement of the full height timber windows on the ground floor front elevation and their replacement with UPVC French doors. - 2.3 The scheme was initially proposed to install replacement windows without the Georgian Bars. However, the scheme was changed to include the Georgian bars after consultation with the applicants. This change was clearly explained in an email dated 15 June 2021. ## 3.0 PLANNING POLICY 3.1 The site lies within an area designated as Mixed Use on the Area Plan for the South 2013 the site also lies within a proposed Conservation Area. The site is not prone to flood risks, although the highway serving the properties on Athol Place is classed to have medium to high likelihood of flood risk as indicated on the Isle of Man Indicative Flood Risk Map. - 3.2 As such, the following policies from the Isle of Man Strategic Plan 2016 are considered appropriate in the consideration of the application: - 3.3 General Policy 2: "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; - n) is designed having due regard to best practice in reducing energy consumption." (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; 3.4 Environment Policy 35: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 3.5 Environment Policy 34: "In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred." 3.6 Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. - 3.7 In addition to this we may also considered Planning Circular 1/98 which sets out policies for the replacement of windows in Conservation Areas: "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 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 the originals, but not necessarily the original method of opening, whatever the material used in the construction." ## - 4.0 PLANNING HISTORY 4.1 The application site has been the subject of six previous planning applications, two of which are considered to be materially relevant to the current application. - 4.2 PA 06/01671/B for Conversion of joiners workshop into a single dwelling (Approved). Approval was granted for the replacement the existing windows with new timber sliding sash windows within this scheme. - 4.3 PA 10/01873/B for Conversion of joiners workshop into a single dwelling (amendments to PA 06/01671/B). Approved by the Planning Committee in February 2011. The existing timber sliding sash windows were installed within this scheme. 5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. 5.1 The Department of Infrastructure (DOI) Highways Division have indicated that there is 'No Highways Interest' in a letter dated 16 April 2021. - 5.2 Representation from the Department of Infrastructure (DOI) Flood Risk Management Division confirms that that there is 'No Flood Risk Management interest' in the letter dated 28 April 2021. - 5.3 Port St. Mary Commissioners have stated that they have no objection to the application in a letter dated 30 April 2021. ## - 6.0 ASSESSMENT 6.1 The key issue is whether or not the replacement windows would preserve or enhance the character and appearance of the Proposed Conservation Area. The character of the existing dwelling and streetscene radiates through the formation of the traditional stone finishing on the application property and the properties situated north; some of which now have render over part of their stone faced elevations. It is also vital to note that a significant number of the traditional properties within the vicinity of the application site still have sliding sash windows (timber and UPVC), although a number of the properties in the locality now have 50/50 UPVC casement windows. - 6.2 The existing windows on the dwelling, although currently fitted in timber, would benefit from better quality windows that would reflect the sliding sash pattern of the existing; given that the current windows currently depreciating (failing). This would ensure that the energy - efficiency of the dwelling is not compromised, with the new also serving to preserve the appearance and character of the locality. Whilst the replacement windows proposed under this scheme would be UPVC sliding sash windows, Planning Circular 1/98 places emphasis on replacement windows retaining the appearance of the existing windows and not the material. As such, it is considered that the new windows would be an acceptable form of development since they would tie in with the appearance of the timber sliding sash windows on the dwelling. - 6.3 It is also noted that the use of UPVC is not uncommon within the locality as a whole since newer sliding sash installations are mostly UPVC. Therefore, it is deemed that the proposed windows would not be detrimental or harmful to the character and quality of the locality but would preserve the character of the existing streetscene and Conservation Area. - 6.4 Overall, it is noted that the degree of flexibility in the material used for replacement windows as stated in Planning Circular 1/98 and the proposed replacement window styles; which would be sliding sash windows, would result in a positive impact on the overall character and appearance of the property, the streetscene and the Proposed Conservation Area. This would ensure that the character of the area is preserved. Whilst the proposed use of materials for the feature changes would be at variance with EP 34; which gives preference for use of traditional materials, it is not considered of over-riding concern in this case given the level of acceptability for UPVC in Planning Circular 1/98. - 6.5 The replacement of the existing timber full height windows with French doors on the ground floor is also considered acceptable as the would provide a similar appeal as the existing windows, save for the removal of the Georgian bars which are not particularly significant for these ground floor fenestrations. - 6.6 In terms of flood risk impacts, General Policy 2(i) and Environment Policy 13 assert that development which is prone to unreasonable risk or unacceptable risk from flooding (either on or off-site), will not be permitted. With the current application, the site is not considered to be prone to flood risks, although the highway serving the property is considered to be prone to flood risks. Besides, the works proposed within this scheme would only involve the replacement of existing windows and no changes are proposed to the site levels or to layout or form of the existing dwelling, and as such it is not considered that there would not be increased vulnerabilities to flood risks as a result of the scheme. Moreover, the DOI Flood Risk Management Division have indicated that there is no flood risk concern which suggests that the scheme would not result in increased risks to flooding. ## - 7.0 CONCLUSION 7.1 The proposal complies with General Policy 2, Environment Policy 35 and Planning Policy Statement 1/01 and whilst the frames are not of a traditional material, in this case it is not considered detrimental and thus Environment Policy 34 is not contravened. - 8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: - (a) the applicant (including an agent acting on their behalf); - (b) any Government Department that has made written representations that the Department considers material; - (c) the Highways Division of the Department of Infrastructure; - (d) Manx National Heritage where it has made written representations that the Department considers material; - (e) Manx Utilities where it has made written representations that the Department considers material; - (f) the local authority in whose district the land the subject of the application is situated; and - (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine: - o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status. Decision Made: Permitted Date: 25.06.2021 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner ## Customer note ## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records. --- *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/7410-rushen-valhalla-1-athol-street-windows-replacement/documents/931620*