**Document:** DEC Officer Report
**Application:** 21/01030/B — Installation of replacement windows and doors
**Decision:** Permitted
**Decision Date:** 2021-10-08
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/7932-lonan-thie-ny-keylley-glen-road-windows-replacement/documents/937054

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# DEC Officer Report

**Application No.:** 21/01030/B
**Applicant:** Mrs Kellie Iveagh
**Proposal:** Installation of replacement windows and doors
**Site Address:** Thie Ny Keylley Glen Road Laxey Isle Of Man IM4 7AB Technical Officer: Mr Thomas Sinden
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 07.10.2021 _________________________________________________________________

## 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. The proposal meets the tests of Section 18 of the Town and Country Planning Act 1999; Strategic policy 4 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, as well as Planning Policy Statement 1/01, as it will preserve and protect the character of the Conservation Area. In addition to this, the proposals are judged to meet General Policy 2 as the character of the surrounding townscape is not being adversely affected. The application is therefore judged to be acceptable. Plans/Drawings/Information; This decision relates to the information received on 31.8.2021. _______________________________________________________________

### Interested Person Status – Additional Persons

None _____________________________________________________________________________

## - 1.0 THE SITE

### Officer’s Report

1.1 The site is Thie Ny Keylley, a two storey dwelling on Glen Road in Laxey, within the village's Conservation Area. Although physically attached to the adjacent dwelling to the east, the property is not semi-detached in the traditional manner and has the appearance of a detached dwelling. The property has a pitched roof, chimney stacks on both gable walls, painted render walls, and a partly glazed centrally positioned porch on the front elevation. - 1.2 The existing windows are brown timber sliding sash units, while the property's front door is brown timber with three by three glazed panels in its upper portion.

2.0 THE PROPOSAL - 2.1 The application proposes to replace the existing brown timber sliding sash windows with white UPVC sliding sash windows. The non-opening porch windows are also proposed to be replaced with white UPVC units. In addition to the windows the application proposes to replace the existing timber door with a UPVC composite stable style door with a single large glazed panel in its upper section.

3.0 PLANNING POLICY - 3.1 The site is within an area defined as Predominantly Residential on Map 7 of the Area Plan for the East 2020, and within the Laxey Conservation Area. The site is in an area at high risk of flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas

(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 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; and (g) does not affect adversely the amenity of local residents or the character of the locality.

Strategic Policy 4: 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;

Environment Policy 35: 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.

3.4 PLANNING POLICY STATEMENT 1/01 POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

3.5 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 readily visible from a public thoroughfare should replicate the existing.

4.0 PLANNING HISTORY - 4.1 Application 00/00394/A and subsequent detailed application 00/01208/B permitted the erection of 4 dwellings to replace the existing holiday chalets. The application site is one of the approved dwellings. The property has no planning history since these applications.

5.0 REPRESENTATIONS 5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (14.09.2021).

6.0 ASSESSMENT - 6.1 The pertinent issue to be assessed by this application is the impact of the proposed alterations on the character and appearance of the Conservation Area. - 6.2 The proposed replacement windows are the same opening method as existing, and therefore follow the guidance in Planning Circular 1/98. Whilst the window frame colour is proposed to change from dark brown to white, frame colour is not generally controlled by the Planning Office, and is therefore not judged to be material in this case. As the window style and method of openings is being replicated, it is judged that the replacement windows preserve and protect the character of the Conservation Area. - 6.3 The proposed replacement door is a stable style, with separate upper and lower sections, and includes a large glazed section in its upper portion. The existing door has glazing in its upper portion in a three over three pattern, which is not judged to be a traditional design or an element that makes a significant contribution to the character of the Conservation Area. With this in mind, the replacement door is judged to be acceptable as it does not affect adversely the character of the surrounding townscape, and preserves the character of the Conservation Area. - 6.4 Whilst the site lies within an area at high risk of flooding, the nature of the development will not change the resilience or susceptibility of the site and surrounding area from flooding and as such, this is not considered to be a reason to refuse the application in this case.

7.0 CONCLUSION - 7.1 It is judged that the proposal meets the tests of Section 18 of the Town and Country Planning Act 1999; Strategic policy 4 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, as well as Planning Policy Statement 1/01, as it will preserve and protect the character of the Conservation Area. In addition to this, the proposals are judged to meet General Policy 2 as the character of the surrounding townscape is not being adversely affected. It is therefore recommended that the application be approved.

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 : 07.10.2021 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/7932-lonan-thie-ny-keylley-glen-road-windows-replacement/documents/937054*
