**Document:** DEC Officer Report
**Application:** 21/00846/B — Installation of replacement windows to front elevation
**Decision:** Permitted
**Decision Date:** 2021-09-02
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/7800-rushen-water-edge-16-lime-street-windows-replacement/documents/935813

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# DEC Officer Report

**Application No.:** 21/00846/B
**Applicant:** Mrs Deborah McGreevy
**Proposal:** Installation of replacement windows to front elevation
**Site Address:** Water Edge 16 Lime Street Port St. Mary Isle Of Man IM9 5EF Principal Planner: Mr Chris Balmer
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 23.08.2021 _________________________________________________________________

## 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.

### This application has been recommended for approval for the following reason.

It is concluded that the proposal complies with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01. Although the frame materials are not traditional, as required by Environment Policy 34, they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area.

Plans/Drawings/Information; This decision relates to documents and drawings all received on 28.07.2021. _______________________________________________________________

## Interested Person Status

Additional Persons

None _____________________________________________________________________________

### Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of Water Edge, 16 Lime Street, Port St. Mary which is an existing two half storey dwelling, which forms part of a row of three terraced dwellings, albeit the other dwelling are two storey and of a different design. The property fronts onto Lime Street and backs onto the harbour.

1.2 The property currently has uPVC top opening casement windows to ground and first floors and timber sliding sash windows to the arched headed flush dormer windows.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the Installation of replacement windows to front elevation. The windows would be uPVC casement windows, with the top flush dormer windows including the arched headers.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South as Predominantly Residential and within the settlement boundary of Port St. Mary. The site also lies within the proposed Conservation Area for Port St. Mary. Whilst not designated yet, it is relevant to consider Environment Policy 35 and Planning Policy Statement 1/01 CA/2 which require development to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the area. As the CA is not adopted yet, it is relevant to ensure that development does not prejudice the future designation of such an area. - 3.2 Also, General Policy 2 of the Strategic Plan is relevant: 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.

3.3 Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings. - 3.4 Planning Circular 1/98 provides guidance on the replacement of windows and in Conservation Areas states that whatever the frame material, the method of opening on windows visible by the public must replicate the original.

4.0 PLANNING HISTORY - 4.1 There are no previous planning application which are considered relevant in the determination of this application.

5.0 REPRESENTATIONS - 5.1 Highway Services have commented (11.08.2021); "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking. The Applicant is advised that a licence may be necessary for the positioning of equipment and materials in the high".

6.0 ASSESSMENT - 6.1 The issue here is whether the proposed windows preserve or enhance the character or appearance of the proposed Conservation Area in which the property sits taking into account the special character of the area. Whilst the Conservation Area is not yet adopted so the full force of Environment Policy 35 and Planning Policy Statement 1/01 cannot properly be applied to this development, it is important that development does not prejudice the future designation of the Conservation Area by allowing something that could be viewed as harmful. - 6.2 The proposed replacement windows are in the same style and have the same opening method (i.e. casement) as those they are replacing, the only alteration being the flush dormer windows would be replaced from timber sliding sash to uPVC casement windows. - 6.3 In terms of the windows at ground and first floor the proposal complies with the guidance in Planning Circular 1/98. Historically, the windows will have been timber sliding sash. However, given what is currently already in place the proposal would preserve the proposed Conservation Area. The proposal to the flush dormer arguable would make the overall window

- design and finish to match that of the main windows and the windows which are also more apparent/prominent (not many people view the upper floors of properties). Accordingly, while the removal of the timber sliding sash windows is a shame; overall, it is consider the overall scheme does preserve the proposed Conservation Area.
- 6.4 It is also noted that other properties along Lime Street feature numerous styles and materials for the street facing windows, with only one property now featuring sliding sash windows.

7.0 CONCLUSION - 7.1 It is concluded that the proposal complies with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01. Although the frame materials are not traditional, as required by Environment Policy 34, they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area. The application is therefore recommended for approval.

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 the Head of Development Management 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 : 26.08.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

## 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.

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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/7800-rushen-water-edge-16-lime-street-windows-replacement/documents/935813*
