DEC Officer Report

Application No.: 19/00323/B Applicant: Peter Hall And Christine Edwards Proposal: Installation of replacement windows and door to front elevation Site Address: Rose Cottage South Cape Laxey Isle of Man IM4 7BU Planning and Enforcement Assistant: Miss Vanessa Wilson Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 29.05.2019 _________________________________________________________________

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 decision relates to the following plans and drawings, date stamped received on 21st March 2019;

• o 1902-PL01 - Location Plan
• o 1902-PL02 - Site Plan
• o 1902-PL03 - Existing and Proposed Windows and Doors
• o 1902-PL04 - Photograph of existing with numbered windows and doors
• o Planning Statement _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE APPLICATION SITE

1.1 The application site is the residential curtilage of Rose Cottage, Old School Hill, Laxey, which is two combined properties. The site sits above Old Laxey Hill by a considerable height, but below that of Glamorgan House. THE PROPOSAL - 2.1 The current planning application seeks approval to replace the frontage of the right hand side of the property. There are currently three windows, one to the ground floor which is to be

• a uPVC version of what is in place, the opening will be the same and two to the first floor which are to be replaced with uPVC windows with a side opening. The glazing bars are to be replaced on all the windows. The front door is also to be replaced with a uPVC version with 9 planes of glass to the upper half.

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 as Predominantly Residential on the Laxey and Lonan Local Plan 2016 and is within Laxey's Conservation Area.

4.2 When looking at strategic plan policy the Isle of Man Strategic Plan 2016 contains three policies that are considered of specific relevance to the assessment of this application, General Policy 2, Environment Policy 35 and Planning Circular 1/98 - 4.3 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;

5.1 Highway Services have No Highways Interest in this application (11.04.2019).

• n) is designed having due regard to best practice in reducing energy consumption."

4.5 Environment Policy 35 of the Isle of Man Strategic Plan 2016 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." - 4.6 Planning Circular 1/98 states "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."

REPRESENTATIONS

5.2 No comments have been received from Garff Commissioners at the time of writing this report.

• 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 South Cape with regards to the alterations proposed and (ii) whether the alterations proposed preserve or enhance the character or appearance of the Laxey Conservation Area. Also of relevance to consider against the assessment of this application is Environment Policy 35 and Planning Circular 1/98.

6.2 The proposed replacement of the ground floor window with a uPVC window with the same glazing and opening that is in the existing has no impact on the street scene or conservation area.

6.3 The proposed replacement windows to the first floor level with uPVC windows with the same glazing but side opening not top opening will change the appearance of the property within the streetscene and conservation area. Planning Circular 1/98 states that the windows should have the same opening as the existing. The applicants have stated that the reasoning for the change in the opening is to comply with Building Regulations. - 6.4 The proposed first floor windows will be against Planning Circular 1/98 but the change to slide opening from top opening will conform the windows with the rest of the elevation which is side opening. This in turn will enhance the overall view of the property from the streetscene and will enhance the conservation area. - 6.5 The proposed new door to the ground floor level in uPVC with a 9 glass glazing to the upper part will not impact the streetscene, the door will match in glazing with the rest of the property and should provide a more unbroken appearance and hopefully enhance the overall appearance of the property.

CONCLUSION

7.1 For the above reasons the proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Circular 1/98 and therefore acceptable. 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 29.05.2019

Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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