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Application No.: 25/90032/GB Applicant: Miss Elizabeth Mary Innes Proposal: Installation of replacement timber windows and doors (in association with 25/00055/CON) Site Address: 5-7 Queen Street Peel Isle Of Man IM5 1AG Technical Officer: Tom Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.02.2025 _________________________________________________________________
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 are judged to meet the tests of Section 16 and 18 of the Town and Country Planning Act 1999, and the tests of Strategic Policy 4 and Environment Policies 32 and 35 of the Strategic Plan 2016, as the replacement doors and windows will result in the character of the Registered Building and Conservation Area being preserved. The application is therefore considered to be acceptable.
Plans/Drawings/Information; This decision relates to the information detailing the replacement timber windows and doors submitted on 13.1.2025.
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: D.O.I. Highways - No objection
_________________________________________________________________ Officer’s Report
1.1 The site is 5-7 Queen Street, Peel. The property is part of a terrace of vernacular two storey terraced dwellings that are entered on the Protected Buildings Register (RB108). The registered terrace has special interest as one of the most significant and representative examples of working class dwellings from the early 19th century, with surviving architectural features, setting and plan forms and an internal shared courtyard.
2.0 THE PROPOSAL - 2.1 The application seeks permission to replace the existing timber windows and doors with timber framed double-glazed windows and doors.
3.0 PLANNING POLICY. - 3.1 The site is in an area defined as mixed use in the Peel Local Plan 1989, and within the Peel Conservation Area. The site is not in an area at risk of flooding. - 3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 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:
Environment Policy 32: Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted.
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.
4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions
S18 Designation of conservation areas
4.2 Planning Circular 1/98: The Alteration And Replacement Of Windows Category a) Registered Buildings
If the original windows are still in place they should be preferably repaired. If the repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects,
including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify a relaxation.
4.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man POLICY RB/5 - ALTERATIONS AND EXTENSIONS: In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals. Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence.
5.0 PLANNING HISTORY - 5.1 Applications 24/00723/GB and 24/00737/CON for replacement UPVC windows and doors were refused in August 2024. - 5.2 Whilst there are historic applications in 1988, 1989 and 1991 regarding the entire registered block of dwellings (1-11 Queen Street and 5-9 Charles Street), these applications are not deemed relevant to the current application.
6.0 REPRESENTATIONS - 6.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (20.1.2025). - 6.2 Manx National Heritage (MNH) were consulted on 14.1.2025. At the time of writing this report (11.2.2025), no representation has been received, and as such it is assumed that the consultee has no comments to make. - 6.3 Peel Commissioners were consulted on 14.1.2025. At the time of writing this report (11.2.2025), no representation has been received, and as such it is assumed that the Commissioners have no comments to make.
7.0 ASSESSMENT Statutory Test - 7.1 Section 16 of the Act states that the "Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses." In this instance, the application proposes to replace the existing timber windows and doors with timber framed double-glazed windows and doors, in a style, opening method and material that would match the existing units. As well as replicating the existing windows and doors, the style and materials of the replacements are judged to be entirely appropriate for this registered building, and as such it is considered that the proposals meet the statutory tests. Policy Tests
7.2 The application seeks permission to replace the existing timber windows and doors with timber framed double-glazed windows and doors. Given that the style, opening method and materials would match the existing units, the guidance in planning circular 1/98 in respect of replacement windows on registered buildings is being followed. In addition to this, environment policy 34 states a preference for traditional materials, and with this in mind the proposed use of timber doors and timber window frames is considered to comply with this policy. In addition to these tests, the replacement of painted timber windows and doors with painted timber windows and doors is also judged to protect, preserve or enhance this registered building and the Peel Conservation Area as required by Strategic Policy 4 and Environment Policy 35.
8.0 CONCLUSION - 8.1 It is judged that the proposals pass the tests of Section 16 and 18 of the Town and Country Planning Act 1999, and the tests of Strategic Policy 4 and Environment Policies 32 and 35 of the Strategic Plan 2016, as the replacement of painted timber windows and doors with painted timber units is judged to preserved, protected or enhanced this registered building and the Peel Conservation Area. It is therefore recommended that the application be refused.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 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). - 9.2 Article A10 sets out that the right to appeal is available to:
9.3 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. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 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: 11.02.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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