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Application No.: 16/00037/B Applicant: Frederick Keith Smith Proposal: Installation of replacement shop windows and door Site Address: Chantilly Lace Bay View Road Port St. Mary Isle Of Man IM9 5AG Case Officer : Mr Edmond Riley Site Visit: 28.01.2016 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Chantilly Lace, a ground floor retail unit within a threestorey end terraced building located on the south western side of Bay View Road, Port St Mary. The building sits on corner of Bay View Road and Victoria Road. - 1.2 The building as a whole is an attractive, three-storey property with pitched, slated roof and substantial chimneys with decorative mouldings, dentilled cornice and string courses running across the building on the front and side elevations, which is a characteristic of the majority of buildings on the south western side of Bay View Road.
2.0 THE PROPOSAL - 2.1 The current planning application seeks approval for the replacement of the existing timber framed shop windows to both the front and side elevations with rosewood-coloured uPVC-framed windows. The glazing bar pattern of the proposed would replicate those of the existing windows. The application indicates that the uPVC material would be white but coloured rosewood. - 2.2 The applicant was contacted to see whether or not timber might be proposed instead. He noted that, as a joiner, he would prefer to retain the more traditional material from a visual point of view but went on to state that ongoing maintenance is difficult and expensive and that he had chosen uPVC material purposely to avoid this becoming more of an issue.
3.0 PLANNING HISTORY - 3.1 Planning approval was granted in 2008 under PA 08/01642/B for the replacement of the existing windows with plastic-framed casements. Under this scheme the proposed replacement windows were brown-coloured on the outer frames and white inside.
4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site lies within an area zoned as Mixed Use under the Area Plan for the South 2013. The application site also lies within the proposed Port St Mary Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two polices that are considered materially relevant to the assessment of this current planning application:
General Policy 2 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:
Environment Policy 35 states: "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."
Although the site is not within an adopted Conservation Area, it remains appropriate to give material weight to the status of the recently adopted Area Plan for the South, which as noted identified the site as falling within a proposed Conservation Area.
4.3 In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states:
"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 original method of opening, whatever the material used in the construction."
4.4 The Draft Character Appraisal for the Proposed Port St. Mary Conservation Area is useful. There are no specific comments in respect of the application site, while none of the text regarding Bay View Road itself are of particular relevance to the proposal, but a number of extracts relate either to High Street or windows in the area and these are worth noting:
"Within the village a number of properties retain their original timber windows dating back to the late Victorian period. This is particularly applicable to the upper floors of shops. A substantial number of residential properties now have uPVC windows. Many of the uPVC windows are not too incongruous, particularly where the replacements replicate the originals accurately. However, some of the uPVC replacement windows are inappropriate, particularly where wood-grain effect frames have been used. Many replacement windows, both in timber and uPVC, fitted in recent years are out of character making no attempt to replicate those which they replaced."
"Windows in later Victorian buildings are usually larger sashes, often with moulded architraves and moulded string courses. Some buildings have a mock ashlar finish, particularly the larger houses on Athol Street. In High Street, a number of shop fronts are evident in premises now in residential use."
"Most properties were still built in terraced form, with occasional semi-detached or detached houses. Windows in these properties are typically twopane sashes, often set in bay windows, and rendered eaves brackets were used."
"Throughout the proposed conservation area, there are properties where alterations, particularly to windows and entrance doors, have a negative effect on the area as a whole. This includes replacement of original timber windows and doors with incorrectly proportioned uPVC replacements. These often have an inappropriate wood grain.
"Throughout the village there is no consistent window or door style, or material used for their construction."
5.0 REPRESENTATIONS - 5.1 Highway Services of the Department of Infrastructure identified that the proposal had no highway implications on 21.01.2016, while on 29.01.2016 the Port St. Mary Commissioners offered no objection to the proposal.
6.0 ASSESSMENT - 6.1 The key issue to consider in the assessment of this current planning application is the impacts of the proposal on the existing appearance of the building and character and quality of the proposed Conservation Area.
6.3 Environment Policy 35 states that development within a Conservation Area will only be permitted if the development would preserve or enhance the character or appearance of the area. Therefore it is to be expected that the proposed new windows are an improvement over the existing or at least preserve the character and quality of the area as well as the building itself. - 6.4 There is a mix of shop fronts along Bay View Road that vary in style and colour. As previously mentioned, the existing shop windows are timber framed that have been painted red. They did not appear to be in especially poor condition, though the location of the site near to seawater is such that the timber construction, if not well-maintained, will be susceptible to damage. The applicant also noted that the appearance reflects regular painting rather than the quality of the material being painted. The proposed first and second floor windows of the application building appear to be Rosewood uPVC or similar, which interestingly the Draft Character Appraisal notes as being inappropriate. However, this material's use here would be in keeping with the existing windows and provide a uniform appearance throughout. The replacement shopfront windows are, therefore, be judged a preservation of the existing situation. - 6.5 Though the loss of the timber frontage is lamented, it is not considered that the application could be refused on this basis in view of the existence of similarly finished window frames to that proposed already being found on the building above.
7.0 RECOMMENDATION - 7.1 In view of the above, the application is recommended for approval.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 17.02.2016 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
The development hereby approved relates to the site location plan as well as drawings 001, 001A and 002, all date-stamped as having been received 14th January 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 19.02.2016 Determining officer
Signed : C BALMER Chris Balmer Senior Planning Officer
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