DEC Officer Report

Application No.: 24/90935/B Applicant: Ms Quilliam Proposal: Installation of replacement windows and doors Site Address: 12 Duke Street Peel Isle Of Man IM5 1NG Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.09.2024 _________________________________________________________________

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 proposed installation of replacement three windows and door to rear elevation are acceptable and as such comply with General Policy 2, Environment Policy 35 and Section 18(4) of the Town and Country Planning Act (1999).

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 19.08.2024. _______________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection Local Authority - Not assessed as no comments received ___________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site is the residential curtilage of an existing property sitting on the northern side of Duke Street, Peel and to the east of Beach Street. - 1.2 The windows currently in the property are timber framed sliding sashes with a single vertical glazing bar in each sash. The windows have horns on the lower frame of the upper sash. - 1.3 Windows in the streetscene vary from old, Georgian pane sliding sash to modern timber and uPVC framed casements with some uPVC framed sliding sashes and this property having timber framed sliding sashes.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of replacement windows and doors to front and rear elevations. The proposals would be upvc 50/50 sliding sash windows to the front and rear. The exception being the two ground floor windows within the rear elevation and outrigger which are proposed to be 50/50 split top opening casement windows. The front doors would be replicated with two upper glazed panels and two solid panels to match the existing. A rear door to the side elevation of the rear single storey outrigger would again match the existing, having a glazed window to the upper half of the door and a solid panel to the lower section of the door.

3.0 PLANNING HISTORY - 3.1 There are no previous application which are considered material to the assessment of this application.

4.0 PLANNING POLICIES 2.1 The application site is within an area of Mixed Use" under the Peel Local Plan 1989. The application building and site are located within a Conservation Area.

4.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 4.3 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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 adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;

• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.4 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." - 4.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 4.6 Section 18(4) of the Town and Country Planning Act (1999) states, "(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". - 4.7 Residential Design Guide 2021

- 5.0 REPRESENTATIONS

5.1 Highway Services indicate there is no highway interest in the application (27.08.2024). - 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are;

• - Statutory test
• - Character and appearance

- 6.2 CONSERVATION AREA STATUTORY TEST

• 6.2.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in section 4.4 of this assessment on whether the proposal would preserve or enhance the Conservation Area. Section 18(4) of the Town and Country Planning Act (1999) as mentioned previously, also requires that the desirability of preserving or enhancing its character or appearance in the exercise.
• 6.2.2 The existing windows proposed to be removed do appear to be the original in opening method and frame material, especially those within the front elevation.
• 6.2.3 In relation to the windows to the front elevation, these being most publically viewable from Duke Street are arguable the more important elements in terms of the character and quality of the Conservation Area. The proposals to the front elevation would be on a like for like bases and while sliding sash windows would have been preferred and timber, the fact of the existing windows the proposal would preserve (neutral impact) upon the character and quality of the Conservation Area. The front door is being replaced on alike for like basis and it is again consider to preserve the character rand appearance of the Conservation Area.
• 6.2.4 In relation to the rear elevation, the proposed windows are not especially apparent from the public view. Again the first floor windows are proposed to retain the same method of opening (sliding sash). The ground floor are proposed to be top opening casements which given they are no publically apparent is considered acceptable. The rear doors also raise no concerns, being similar to what currently exists. Further, it is not considered the works being to the rear and not contributing to the character and quality of the Conservation Area, the works would be acceptable.
• 6.2.5 Overall, it is considered the proposals would not have any adverse impact on the character and appearance of the terrace or that of the Conservation Area; having a neutral

impact (i.e. preserve) and comply with Section 18(4) of the Town and Country Planning Act

(1999).

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 The Planning 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.
• 6.3.2 For the reason outlined previously (par 6.2.2 to 6.2.5) it is considered the proposal are acceptable and would preserve the character and appearance of the Conservation Area.

CONCLUSION

7.1 The proposed installation of replacement three windows and door to rear elevation are acceptable and as such complies with General Policy 2, Environment Policy 35 and Section 18(4) of the Town and Country Planning Act (1999). - 8.0 Right to Appeal and Right to Give Evidence

8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 8.2 Article A10 sets out that the right to appeal is available to:

• applicant (in all cases);

• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

8.5 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 the Right to Appeal. _____________________________________________________________________

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 and that in making this

decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 26.09.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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