Officer Planning Report Recommendation

Planning Report And Recommendations {{table:477124}} ### Considerations {{table:477122}} ### Written Representations ### Consultations {{table:477123}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the curtilage of a detached dwelling that is located on Minorca Hill in Laxey. The proposed development comprises the installation of replacement windows and door. PLANNING HISTORY There are no previous planning applications that are considered material to the assessment of this current planning application. REPRESENTATIONS Laxey Village Commissioners recommend that the planning application be approved. PLANNING POLICY

In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Policy L/RES/PR/1 states:

"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material 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;
• (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."

The alteration and replacement of windows is specifically dealt with by Planning Circular 1/98. In respect of buildings erected before 1921 that are located in an urban setting, have largely retained their original character and are not within a Conservation Area the Planning Circular states: "In an individual building, or group of buildings, whose principal elevations are readily visible from a public thoroughfare, if the original windows are in place, it may be possible to repair and renovate them. This can take place without permission, and will be encouraged by the Department. If repair is impracticable, or existing windows are not the originals, the preference will be for replacement windows in the said principal elevations to have the same method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE the same or similar pattern and section of glazing bars and the same or similar frame sections as the original windows.

Windows not part of the principal elevations and which are not readily visible from a public thoroughfare should preferably have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in their construction."

Assessment

The planning application seeks approval for the installation of replacement windows and door. The proposed windows are uPVC and a mixture of top opening casement and non-opening windows.

Given that the application site is the penultimate property located on a dead-end the dwelling is arguably not located on a public thoroughfare and not readily visible to the public. As such it is considered that, under the terms of Planning Circular 1/98, the replacement windows should preferably have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in their construction. As the proposed replacement windows generally replicate the glazing pattern of the existing windows it is considered that they accord with this policy. Furthermore, it is noted that a number of properties within the surrounding area already have similar replacement windows installed. The door to be replaced is not readily visible from any public viewpoint within the surrounding area. As such, its impact is concluded to also be suitably limited.

It is recommended that the planning application be approved.

Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Laxey Village Commissioners.

Date of Recommendation: 10.06.2009

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the location plan, annotated photographs and specification sheets date stamped the 3rd April 2009.

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : 10 June 2009

Signed : ______________________________ Senior Planning Officer

10 June 2009 09/00625/B Page 3 of 3