DEC Officer Report

Application No.: 20/01078/B Applicant: Mrs Shirley Ryzak Proposal: Installation of replacement windows Site Address: Dhrynane House Maughold Isle Of Man IM7 1AS Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.11.2020 _________________________________________________________________

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. The windows hereby approved in the front and rear elevation shall match the existing in style, design, colour and opening method and shall be retained as such thereafter.

Reason: For the avoidance of doubt and to satisfactorily protect the character and appearance of the area and to comply with Environment Policy 35 and Planning Circular 1/98.

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

The proposal is considered to comply with General Policy 2, Environment Policy 2 and Environment Policy 35, in conjunction with Planning Policy 1/01, of the Isle of Man Strategic Plan 2016 and therefore acceptable.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 18th September 2020:

• o Site/Location Plan
• o Drawings of the property with the proposed windows to be installed. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of "Dhrynane House," previously "Thie Dhrynane," Maughold, which is a traditional two storey property situated to the eastern side of Maughold Village and to the west of Maughold Church. - 1.2 The existing windows are uPVC casement windows, with five windows to the front elevation having a glazing bar. THE PROPOSAL

2.1 The current planning application seeks approval to replace the existing casement windows like for like front and rear. PLANNING HISTORY - 3.1 The previous planning applications are not considered to be specifically material in the assessment of the current application. PLANNING POLICY - 4.1 The site lies within an area zoned an Area of High Landscape or Coastal Value & Scenic Significance and an Area of Ancient Monuments & Sites of Archaeological Interest on the 1982 Development Plan, North Map. Whilst the property is not within an area designated for Development, the works proposed are to the windows within the property and as such General Policy 2 and Environment Policy 2 of the Isle of Man Strategic Plan 2016 is applicable.

4.2 General Policy 2 of the Isle of Man Strategic Plan 2016 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:

• 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;

4.3 Environment Policy 2 of the Isle of Man Strategic Plan 2016 states: "The present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce difference categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• a) the development would not harm the character and quality of the landscape; or
• b) the location for the development is essential."

4.4 Of specific relevance is Planning Circular 1/98: The Alteration and Replacement of Windows Sets which states; Category b) Buildings in a Conservation Area "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." - 4.5 The application site is also within the Maughold Conservation Area and as such Environment Policy 35 is a crucial policy: "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." This echoes the provision of Planning Policy Statement 1/01, policy CA/2, which states: "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.

REPRESENTATIONS

5.1 Highway Services have No Highways Interest in this application (09.10.20).

5.2 Garff Commissioners have considered the application and state the following, "A discussion took place in regard to the configuration of the windows. It was noted that the proposal was to replace the configuration of the windows that were currently installed. A Member felt that sliding-sash windows should be installed in conservation areas. This was supported by a further Member. The consensus reached was that the planners would assess this application closely due to the location of the property in the Maughold Conservation area. ND stated that in his opinion this was a 'like for like' replacement and would preserve the current appearance. It was agreed to submit comment reflecting the aspects discussed to the Planning Authority." (12.10.20) ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the impact of the proposed development on the character of the Dhrynane House and (ii) whether the windows preserve or enhance the character or appearance of the Maughold Conservation Area. Also of relevance to consider against the assessment of this application is Environment Policy 35 and Planning Circular 1/98.

6.2 When looking at the property in question it is within a prominent position with Maughold Village due to its location at the entrance to Maughold Parish Church as such sliding sash windows would be the recommended choice for the Department. Whilst this is the case the existing casement windows do not detract from the overall traditional appearance of the property and the proposal is to keep the glazing bars to the front elevation which will overall preserve the Maughold Conservation Area. To protect the overall appearance of the property a condition should be attached to state that the glazing bars which are existing should be retained.

6.3 The windows policy states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows are recognised as an acceptable alternative to timber. CONCLUSION - 7.1 For the above reasons the proposal is considered to comply with General Policy 2, Environment Policy 2 and Environment Policy 35, in conjunction with Planning Policy 1/01, of the Isle of Man Strategic Plan 2016 and therefore acceptable. 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.

Decision Made : Permitted Date: 20.11.2020 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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