DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00088/B Applicant: Mr Richard Kirk Proposal: Remove existing timber framed windows and door and replace with uPVC windows and composite door Site Address: Harbour Cottage High Street Port St Mary Isle Of Man IM9 5DR Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.03.2024

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

The proposals meet general policy 2 of the IOM Strategic Plan 2016 as they do not affect adversely the character of the surrounding townscape. The application is therefore judged to be acceptable.

Plans/Drawings/Information; This decision relates to drawing 103, together with the other supporting information received on 25.1.2024. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

- 1.0 THE SITE

1.1 The site is Harbour Cottage, High Street, Port St Mary. The property is located within the Proposed Port St Mary Conservation Area.

2.0 THE PROPOSAL - 2.1 The proposal is to replace the existing timber framed windows, together with the replacement of an existing door and a set of sliding doors. The windows are proposed to be replaced with UPVC double glazed units, the door is proposed to be replaced with a composite door, and the sliding doors are proposed to be replaced with UPVC double glazed sliding doors. The existing windows are generally fixed or top opening casements. The units proposed are vertical sliding sash units.

3.0 PLANNING POLICY - 3.1 The site lies within the area designated on the Area Plan for the South 2013 as residential, and within the Proposed Port St Mary Conservation Area. The site is not in an area at risk of flooding. Although the pathway immediately outside is noted as having a low likelihood of surface water flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas

(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act

3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 Strategic Policy 4: Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;

General Policy 2: 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;

• Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings.
• 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.

3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given

special consideration where the character or appearance of a conservation area may be affected.

3.5 Planning Circular 1/98 provides guidance on the replacement of windows and in Conservation Areas states that whatever the frame material, the method of opening on windows readily visible from a public thoroughfare should replicate the existing, where the original windows are in place.

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications on the property that are judged relevant to the current proposals.

5.0 REPRESENTATIONS - 5.1 Department of Infrastructure Highways Division have stated that there is no highways interest in the application (2.2.2024).

6.0 ASSESSMENT - 6.1 The principal issue with regard to the application is the impact of the proposed replacement windows and doors on the special character of the proposed conservation area. Whilst the conservation area is not yet adopted so the full force of Environment Policy 35 and Planning Policy Statement 1/01 cannot properly be applied to this development, it is important that development does not prejudice the future designation of the conservation area by allowing something that could be viewed as harmful. - 6.2 The application proposes to replace the existing windows, which are a mixture of fixed and casement opening units, with vertical sliding sash units framed in UPVC. Historically the property's windows would have been sliding sash units, or fixed units as per the existing south elevation windows. Those windows that were openable historically, would generally have been vertical sliding sash. With this in mind, the proposal to install sliding sash units in place of the casement opening units is judged to be acceptable. - 6.3 The application proposes to replace the existing timber door with a composite UPVC door, as well as replacing the existing balcony sliding doors in a like for like style with UPVC frames. The replacement door proposed would have the appearance of being painted vertical timber panels, and would also have an obscured glazed panel in its upper portion. The existing door also features glazing in its upper portion. Given the appearance of the existing door, it is judged that the proposed replacement is of a sufficiently similar style so as to cause no harm to the surrounding streetscape or the character of the proposed Conservation Area. In addition to this, the proposed replacement sliding doors are also judged to cause no harm to the surrounding townscape given that a like for like style is proposed.

7.0 CONCLUSION - 7.1 It is judged that the proposals meet general policy 2 of the IOM Strategic Plan 2016 as they do not affect adversely the character of the surrounding townscape. It is therefore recommended that the application be approved.

8.0 INTERESTED PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;

• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above 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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 07.03.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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