Officer Report

Application No.: 18/00899/B Applicant: Mr John Parsons Proposal: Installation of replacement windows Site Address: 25 Church Street Peel Isle Of Man IM5 1HN Head of Development Management: Miss Jennifer Chance Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 21.12.2018 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The proposal would result in the loss of attractive and uncommon timber decorative sash windows and their replacement with uPVC windows. The windows are an important detail of the house and make a positive contribution to the conservation area. Their loss would fail to preserve or enhance the character and appearance of the conservation area and as such the proposal is contrary to Environment Policy 35 of the isle of Man Strategic Plan 2016 and Circular 1/98 'The Alteration and Replacement of Windows'.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site is a terraced property in Peel Conservation Area.

2.0 PROPOSAL - 2.1 It is proposed to replace all of the existing windows except for the dormer window from timber sash to double glazed UPVC vertical sliding sash windows.

3.0 PLANNING POLICY - 3.1 Peel Local Plan 1989. The site lies in an area designated for Mixed Use and within Peel Conservation Area. Paragraph 9.3 states that particular attention will be paid to the design of replacement windows.

3.2 Isle of Man Strategic Plan 2016: General Policy 2; Environment Policies 34 and 35. These policies seek to direct applicants towards the use of traditional materials, ensuring any development respects its site. Importantly 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.' - 3.3 Circular 1/98 'The Alteration and Replacement of Windows': Policy 6. '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.'

4.0 PLANNING HISTORY - 4.1 None.

5.0 REPRESENTATIONS - 5.1 Peel Town Commissioners (15.10.18). No objection. - 5.2 Registered Buildings' Officer DEFA (16/10/18). Recommends refusal for reasons incorporated into this report. Detailed views are available on file and on-line.

6.0 ASSESSMENT - 6.1 The principal consideration in the determination of this application is whether the application preserves or enhances the Conservation Area. - 6.2 The assessment made by the Registered Buildings' officer outlines that the building is a good example of late Victorian/Early Edwardian design with good decorative sash windows. The property makes a positive contribution to the character and appearance of the conservation area. The windows, with decorative leaded light sash panes are an unusual and important detail of this house. The frames also have detailing. The RB officer strongly recommends that the application be refused. - 6.3 It is appreciated that uPVC sash windows have been accepted in Victorian properties in Conservation Areas. However it is the individual character of some buildings and or features in Conservation Areas that gives them their uniqueness. It is these features that provides for individuality that should be preserved. The loss of these windows would be particularly harmful for this reason.

7.0 CONCLUSION - 7.1 It is considered that the proposals are not in accordance with the Strategic Plan policies or Circular 1/98. The proposal will fail to preserve or enhance the character and appearance of the conservation area.

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.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 : Refused Date : 03.01.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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