DEC Officer Report

Application No.: 19/00747/B Applicant: Mr Albert Blann Proposal: Installation of a replacement bay window Site Address: 3 Christian Street Peel Isle Of Man IM5 1NW Planning Officer: Mr Paul Visigah Photo Taken: 23.07.2019 Site Visit: 23.07.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.08.2019 _________________________________________________________________

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.

Plans/Drawings/Information;

This approval relates to the Location plan, photograph and window description date stamped and received 4 July 2019, together with the window description date stamped and received 9 September, 2019.

_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report APPLICATION SITE

1.1 The application site is the curtilage of 3 Christian Street, Peel; a 3 storey terrace property located on the northern side of Christian Street. The terrace contains a mix of design types and window styles, frame materials and opening types with timber window frames the predominant material; even though uPVC is easily visible as a frame material. There are some

• differences in two and three storey properties with a number of properties having bay windows on the front elevations.
• 1.2 The application building is finished in a spar dash render and has a mix of sizes of timber framed casement windows all painted white. The bay window is distinctive in the street scene as it is one of two Bow windows on the entire street scene (only No. 25 Christian Street has a similar bow window design). THE PROPOSAL

2.1 Proposed is the replacement of the existing windows within the bay window with Veka Upvc white casement window. The proportional split would replicate those of the current windows on the dwelling. PLANNING POLICY - 3.1 In terms of local plan policy, the application site is in area designated as 'Mixed Use' under the Peel Local Plan Order 1989. The application site is within the Peel Conservation Area.

3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:

• 3.2.1 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:

• (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;
• (d) does not affect adversely the amenity of local residents or the character of the locality;

• 3.2.2 Environmental 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."
• 3.3 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."

PLANNING HISTORY

4.1 The application site has been the subject of two previous planning applications, one of which is considered to be specifically material to the assessment of this application. PA 16/01064/B - Removal and installation of new windows. Status: Permitted

Note: Full planning approval was sought for the installation of replacement windows to the front elevation, with the exception of the bow window. Although the submitted application did provide details for a window proposed for a replacement bow window, the agent subsequently confirmed that this was a misunderstanding on their part and, in fact, the applicant intended to keep the bow window as it was at that time.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highway interest in a letter dated 22 July 2019.

5.2 Manx National Heritage although consulted on 16 July 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. - 5.3 Manx Utilities Authority although consulted on 16 July 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. - 5.4 Peel Town Commissioners although consulted on 16 July 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.

ASSESSMENT

6.1 The fundamental issue to consider in the assessment of this current planning application are whether the replacement of the existing bay window would preserve or enhance the appearance or character of the property, as well as the conservation area.

6.2 The Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. - 6.3 The proposed replacement of the existing bay windows is not judged to have a harmful and damaging impact on the character or appearance of the Conservation Area and street scene of Christian Street given the form, design and appearance of the proposed replacement windows. The proposed windows, although would be made of UPVC would help to provide a uniform appearance in window form which would preserve the overall appearance of the application building and in turn preserve the appearance of the street scene. As previously noted within the street scene there is a mix of window types. The replacement windows to the front would be fixed within the bow window area, bearing the appearance and similar proportional split as the existing casement windows on the dwelling and as such would conform to Part 6 Category b of the Planning Circular 1/98.

RECOMMENDATION

7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan and Planning Circular 1/98. It is, therefore recommended for approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

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 in Article 6(4) 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: 16.09.2019 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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