Planning Officer Report

Planning Officer Report And Recommendations {{table:16943}}

Officer's Report

THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION AS THE APPLICANT IS A CLOSE RELATIVE OF AN EMPLOYEE OF THE DIVISION.

Introduction

1. This application seeks permission for the installation of replacement windows in a detached cottage which is in an area zoned as mixed use. The application is considered to be acceptable and is in accordance with the relevant policies of the Isle of Man Strategic Plan.

The Site

1. The application site is the curtilage of Marina Cottage, 17-18 Shore Road, Peel which is a detached cottage but is linked to 19 Shore Road by an attached garage. The property was once two separate dwellings until the early 1980's when they were combined to a single dwelling.

1. The application site is situated in a prominent position in the street scene on the corner at the end of Beach Street.

1. There is a dormer in the front elevation which does not seem to benefit from planning permission but appears to have been in place in excess of four years and has therefore become lawful.

1. The existing windows in the front elevation are aluminium sliding sash, the windows in the dormer are side opening casements apart from the one directly above the front door, which appears to be aluminium sliding sash.

The Proposal

1. The application seeks approval for the installation of replacement windows in the front elevation on the first and second floors.

1. The ground floor and first floor windows on the left would be uPVC sliding sash, the second in from the left ground floor and first floor would be fixed casements which would have a centre transom glazing bar. The window above the door would be uPVC sliding sash and the two on the right would be fixed uPVC casements.

1. The side opening casements in the dormer would be retained apart from the existing sliding sash window which would be replaced with a fixed casement.

Planning History

1. The most recent application was for the installation of replacement windows PA 11/01691/B. This application was refused for the following reasons:

> "As the method of opening of the proposed windows does not replicate the method of opening of the original windows the proposal fails to accord with provisions of Planning Circular 1/98 – The Alteration and Replacement of Windows. Furthermore, as the proposed windows do not either preserve or enhance the character and appearance of the Conservation Area the proposal fails to accord with the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007."

Development Plan Policies

1. The application site is in an area zoned as "Mixed Use" identified on the Peel Local Plan 1989, the site is also in the Peel Conservation Area. It is appropriate to consider Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007) and Planning Circular 1/98.

1. 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.

1. Planning Circular 1/98 Category b) Buildings in Conservation Areas

> 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.

Consultations

1. Highways Division has not commented

1. Peel Commissioners recommend that the application be approved.

Assessment

1. The proposed windows would have similar glazing sections as the original windows in that they would have a 50/50 split.

1. The application site sits in a prominent position within the Peel Conservation Area it is therefore appropriate to assess the impacts of the proposal to the character and appearance of the property and the street scene. There are a number of properties in the street scene and in surrounding streets which have sliding sash windows. Most of the windows are not the originals but have been replaced with uPVC.

1. The previous application was refused as it did not preserve or enhance the character and appearance of the Conservation Area. The replacement windows were side opening casements and did not replicate the original glazing sections or opening method.

1. The replacement windows which would be opening would be sliding sash; whilst the material would be different it would still preserve the character and appearance of the method of opening.

1. It is often the method of opening windows that affects the character and appearance of a property and street scene. If windows were originally sliding sash it would be very noticeable if the replacement windows were outward opening.

1. In terms of the fixed units, whilst they would not have the same method of opening as the originals, they would have a similar appearance as sliding sash as they would have a central glazing bar.

1. It is considered that the proposed windows would preserve the character and appearance of the property and therefore would not adversely affect the character and appearance of the Conservation Area.

1. For the above reasons the application is considered to be acceptable and is recommended for approval.

Party Status

1. The local authority, Peel Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 06.03.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the installation of replacement windows to front elevation as shown in drawings Location Plan, Elevation and Photographs received 27th January 2012.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made: Approved Committee Meeting Date: 19/03/12

Signed : ___________________________ Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO