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1.1 The application site is the residential curtilage of Garey Veg, a single storey detached property sited on the north western side of the Main Road in Kirk Michael. The application site lies within the Kirk Michael Conservation Area.
1.2 The application site gable end faces the highway and the dwelling has UPVC framed windows throughout.
2.1 This current planning application seeks approval for the replacement of the existing rear elevation door and window a new white UPVC framed window and door.
3.1 The application site has been the subject of a number of previous planning applications, none of which are considered materially relevant to the assessment of this current planning application.
4.1 In terms of local plan policy, the application site is zoned as Predominantly Residential under the Kirk Michael Plan 1994. As previously mentioned, the application site lies within the Kirk Michael Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:
"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:
"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."
In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states:
"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 original method of opening, whatever the material used in the construction."
Michael Parish Commissioners have no objection to the current planning application.
Given the nature of the planning application it is imperative to consider the impacts of the replacement windows on the Kirk Michael Conservation Area and visual amenity of the locality.
The historic core of Kirk Michael features a collection of traditional cottages with typical Manx characteristics. Many of these older properties have been extensively altered over the years, including in some cases upward extension to form a second storey above what would have been originally either a single or one-and-a-half storey structure. Others now have a slate roof where once they would have been thatched. The age of properties can almost be gauged by their proximity to the highway. In general terms, the older properties directly abut the pavement, whilst later properties either have a forecourt or garden area between the dwelling and the highway. It is evident from the form and design of Garey Veg that the application site dwelling is not a traditional Manx dwelling and is not an original property of Kirk Micahal.
It can be argued that windows are the most important element in a facade. They can confirm the style, age or even the purpose of a building. The original windows should be replicated faithfully in opening method and glazing bar pattern. Planning Circular 1/98 does not request that material is replicated. It is not uncommon knowledge that timber framed windows deteriorate badly most commonly through the bad weather. In addition, the use of UPVC is considered more sustainable as they tend to trap more heat.
Environment 35 sets out the policy in regards to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area
if the development would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development. It is judged that the replacement of the existing door and window with UPVC framed would not be detrimental or harmful to the character or appearance of the Conservation Area. The new proposed windows would not be visible from any public thoroughfare and there is a mix of UPVC within the locality and as such the Conservation Area is considered to be preserved.
6.5 Planning Circular 1/98 - The Alteration and Replacement of Windows sets out the policy in respect of the alteration or replacement of windows. Part 6 Category b of this planning circular specifically deals with buildings within Conservation Areas. This states that replacement windows must have the same method of opening as the originals and windows not readily visible from the public thoroughfare must have the same or similar glazing bars as the original method of opening, whatever the material used. The proposed new window would not have the same glazing bar pattern the window to be replaced and as such would be contrary to this policy. However, the existing windows are not the originals and the window proposed would replicate the opening window, albeit minus any glazing bar pattern the new window is considered unobjectionable and would not detract from the character and quality of the Conservation Area.
6.6 In addition to the above, the application site dwelling is not a traditional Manx dwelling as earlier properties are in Kirk Michael and thus the proposed new window would not detract from the appearance or form of the existing building.
6.7 The Conservation Officer has viewed the plans and is content with the proposal and has welcomed the proposed new window without the glazing bars.
7.1 Overall, it is concluded that the planning application is in accordance with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan and the provisions of Planning Circular 1/98: The Alteration and Replacement of Windows Part 6 Category b.
7.2 It is recommended that the planning application be permitted.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant’s agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.
Recommended Decision: Permitted Date of Recommendation: 17.06.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval
N : Notes attached to conditions R : Reasons for refusal
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.
This approval relates to Location Plan, Site Plan, 8 x Photographs showing the existing window and door and Proposed window and door details date stamped as received on 24th April 2014.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 17/6/14
Determining officer (delete as appropriate)
Signed : _________________________ Chris Balmer Senior Planning Officer
Signed : _________________________ Michael Gallagher Director of Planning and Building Control
Signed : _________________________ Sennifer Chance Head of Development Management
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