**Document:** DEC Officer Report **Application:** 23/00825/B — Replacement of existing timber frame windows with new timber effect heritage style windows to the front and side elevations **Decision:** Permitted **Decision Date:** 2023-11-21 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/10515-rushen-the-old-police-replacement-windows/documents/973386 --- # DEC Officer Report **Application No.:** 23/00825/B **Applicant:** Mr & Mrs Elvin **Proposal:** Replacement of existing timber frame windows with new timber effect heritage style windows to the front and side elevations **Site Address:** The Old Police Station Strand Road Port Erin Isle Of Man IM9 6HB Senior **Planning Officer:** Mr Jason Singleton **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 20.11.2023 ## 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. Prior to the commencement of development, details of the materials, opening method, frame profile, glazing bar arrangement and finish of the proposed windows are to be submitted to and approved in writing by the Department prior to installation. Thereafter, the windows are to be installed in accordance with the approved details and retained thereafter. Reason: To ensure that the proposed windows respect the character of the building and surrounding townscape. - C 3. The replacement windows hereby approved (excluding the two bays) shall be set in to the existing reveal as per the existing and shall not be flush fit to the front elevation. REASON: In the interest of the character and appearance of the property. This application has been recommended for approval for the following reason. The proposals meet general policy 2 and environment Policy 35 of the IOM Strategic Plan 2016 ## Plans/Drawings/Information; This decision relates to drawings and information received on 13th July 2023, referenced 100. ______________________________________________________________ ## Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE 1.1 The application site is the curtilage of The Old Police Station, Port Erin. An existing traditional two storey building with prominent gable chimney stacks sitting at the top end of Strand Road and next to the railway station. THE PROPOSAL - 2.1 The proposal is to replace the existing timber frame windows with new timber effect heritage style windows in wood grain white to the front and side elevations within the existing window reveals. The proposed replacement windows would match the existing in terms of window and the agent notes; "The new windows are to be of the same form (flush sash) and colour to match the existing". PLANNING POLICY - 3.1 The site is designated as; "Mixed Use" on Map 7 (Port Erin/ Port St Mary) of the area plan for the south. The site is within a Proposed Conservation Area (Port Erin - Draft Conservation Area Character Appraisal) - since 2009 and is noted in the accompanying written statement on page 5 as a property that is listed as; "Positive buildings in the area should be used as exemplars for future design in the area, and any planning applications for their demolition should be carefully considered whilst being mindful of the current Planning Policy toward the retention of buildings of merit within a conservation area". 3.2 The Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application; Strategic Policy 4(a) - Protection of conservation areas / registered buildings General Policy 2 - General development considerations. Environment Policy 35 - Preserve or enhancement for Conservation Areas - 3.3 OTHER MATERIAL CONSIDERATIONS; Residential Design Guidance 2021 provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. - 3.4 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 3.5 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man; 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. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected. 3.6 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, where the original windows are in place. ## PLANNING HISTORY 4.1 21/01033/B - Installation of replacement bay windows. Refused. Reason "By reason of the inappropriate window framing, profile detail and window opening methods the proposed windows would not protect, preserve nor enhance the visual quality of the existing building which is considered to be of heritage interest as identified in the Proposed Port Erin Conservation Area Character Appraisal. The application therefore fails Strategic Policies 4 and 5, and General Policy 2 (b, c, and g), and the principles of Environment Policy 35 of the Isle of Man Strategic Plan 2016 and fails Planning Circular 1/98 and Planning Policy Statement 1/01". 4.2 16/00447/C - Change of use from tourist accommodation to residential use. Approved. REPRESENTATIONS 5.1 DoI Highways Services (21/07/23) No Objection. 5.2 Port St Mary Commissioners (21/07/23 & 09/08/23) No Objection. ASSESSMENT - 6.1 The principal issue with regard to the application is the impact of the proposed replacement windows on the special character of the proposed conservation 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 application proposes to replace the existing timber framed windows with a more modern material but to reflect the existing proportions of the existing within the existing reveals. The principle of which is welcomed but it is important to ensure any replacement seeks to either preserve or enhance the character of the property as to is the installation noting how the existing windows are set into the building leaving a large reveal which helps and is prominent on the front elevation. It is further noted the building and its appearance is recognised in the written statement and its position on the streetscene is very prominent so the right approach to replacement windows need to be undertaken. 6.3 The applicants are proposing (as noted in the description) to as closely replicate the existing windows through. Whilst the principle of replacement window is supported but the lack of detailed information or any trade literature is included this can be condition to be submitted prior to any commencement of works on site. This will ensure the replacement windows match the existing in terms of window proportions, frame thickness and glazing patterns throughout. - 7.0 CONCLUSION 7.1 It is judged that the proposals meet general policy 2 and environment Policy 35 of the IOM Strategic Plan 2016 as they do not affect adversely the character of the surrounding townscape. It is therefore recommended that the application be approved with a number of condition seeking information prior to replacement. - 8.0 INTERESTED PARTY 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 : 21.11.2023 Determining officer Signed : S BUTLER Stephen Butler Head of Development Management Customer note This copy ofthe 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/10515-rushen-the-old-police-replacement-windows/documents/973386*