Officer Report

Application No.: 14/01140/B Applicant: Mr Nigel McGowan Proposal: Installation of replacement windows to front elevation Site Address: Wits End Dandy Hill Port Erin Isle Of Man IM9 6HN Case Officer : Miss Melissa McKnight Site Visit: 11.07.2014 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of Wits End, a two storey mid terraced dwelling located on the southern side of Dandy Hill in Port Erin. The application site also lies within the proposed Port Erin Conservation Area. The application site is set above Shore Road and Port Erin Bay.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of replacement windows in the front elevation with new PVC windows that would not be too dissimilar in appearance to the existing. It is also proposed to replace the existing porch window. - 2.2 As existing, the windows, not including the porch or first floor central window, comprise three panes with each end of the window side opening. Under this scheme, the two end panes would be fixed with the middle pane being side opening. The central window on the first floor would have a central glazing bar and would be fully side opening.

3.0 PLANNING HISTORY - 3.1 Previously, planning permission was sought for installation of replacement windows in the front elevation with single pane bottom opening UPVC casements under PA 14/00674/B. This previous planning application was refused on the grounds that the method of opening and design of the proposed replacement windows would significantly alter the character and appearance of the property and locality in general which would be contrary to General Policy - 2 g) of the Isle of Man Strategic Plan.

4.0 PLANNING POLICY - 4.1 The application site lies within an area zoned as Predominantly Residential under the Area Plan for the South 2013. As previously mentioned, the application lies within the proposed Port Erin Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two polices that are considered materially relevant to the assessment of this current planning application:

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; (g) does not affect adversely the amenity of local residents or the character of the locality."

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."

4.3 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."

5.0 REPRESENTATIONS - 5.1 Port Erin Commissioners support the current planning application (15/10/2014).

6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this current planning application is the impact of the replacement windows upon the character and appearance of the property and street scene of Dandy Hill and proposed Port Erin Conservation Area. - 6.2 The existing property is an attractive dwelling representing typical Tudor and Elizabethan detailing. There are five Victorian within the terrace and a traditional two storey Manx cottage at the eastern end of Dandy Hill. There are a mix of windows within the street scene, ranging from split top opening casements, sliding sash and side opening. All windows along this terrace have some sort of glazing bar pattern. - 6.3 Although the site is not yet in a formally designated Conservation Area, it is in the proposed Port Erin Conservation Area as identified in the Area Plan for the South 2013. The application site dwelling is in a prominent position as viewed from Shore Road and this particular terrace is considered to significantly contribute to the overall character and appearance of the street scene and area in general. - 6.4 The only difference between the existing and proposed windows is the new windows would have a wider central pane and two smaller end panes as opposed to the existing fairly

• equal sized panes. The central pane would open sideways with the two ends being fixed, as existing the central pane is fixed with the two end panes side opening.
• 6.5 Although the proposed replacement windows would not have the original method of opening, they would have a similar glazing bar pattern and appearance to the existing and as such are considered unobjectionable and are judged to preserve the appearance of the character and proposed Conservation Area and area in general.
• 6.6 The porch is not thought to be an original part of the dwelling given its design and roof finish. The proposed replacement windows in the porch are considered fairly minor, and although the appearance of the dwelling would be altered, the windows are judged acceptable in terms of their design and therefore this element of the proposal is considered to respect the character and appearance of the property and locality.
• 6.7 The Conservation Officer, who has viewed the plans, is content with the proposal.

7.0 RECOMMENDATION - 7.1 Overall, whilst the proposal does not meet the specific provisions of Circular 1/98, the application does meet the provisions of Environment Policy 35 in that the proposed replacement windows would preserve the appearance of the proposed Conservation Area. As such the planning application is recommended for approval. 8.0 PARTY STATUS

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.

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

29.10.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

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 Page Ref 1, 2, 3 and 4 date stamped as received on 30th Setember 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 : ……….19/12/14……….. Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :……………S Corlett Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management