DEC Officer Report

Application No.: 21/00253/B Applicant: Mr James Dean Proposal: Installation of replacement windows Site Address: 7 Arbory Road Castletown Isle Of Man IM9 1NA Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.04.2021 _________________________________________________________________

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.

It is concluded that the proposal complies with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01 and is supported. Although the frame materials are not traditional, as required by Environment Policy 34 they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area.

Plans/Drawings/Information; This decision relates to drawings SK09.1 and SK06.1 both received on 10th March, 2021. _______________________________________________________________

Interested Person Status

Additional Persons

DoI's Flood Risk Management Team have raised material considerations and as such should be afforded Interested Person Status. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of 7, Arbory Road which sits on the southern side of the road. The curtilage extends to Farrant's Way to the south and also around the rear of 9, 13, 15 and 17, Arbory Road and including two small garages which face north west onto Farrant's Way before it joins Arbory Road.

1.2 The windows currently in the property are timber framed sliding sashes with a six over six Georgian pane pattern in all of the windows with those in the second floor slightly less tall than those in the two floors below. The existing elevation drawing does not show the windows having horns which they currently do.

2.0 THE PROPOSAL - 2.1 Proposed is the replacement of the windows in the same pattern, the only change being the omission of the horns which the applicant considers is not a traditional feature and the frames and glazing bars will be in uPVC and double glazing installed. The drawings and form are not clear whether the glazing bars will be external although the application confirms that the windows will have the same glazing pattern as the existing so it is assumed that they will be externally expressed not internal strips.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South as Predominantly Residential and within the Castletown Conservation Area where Environment Policy 35 and Planning Policy Statement 1/01 require development to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the area. - 3.2 Also, General Policy 2 of the Strategic Plan is relevant: 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:

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

3.4 Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings. - 3.5 Planning Circular 1/98 provides guidance on the replacement of windows and in Conservation Areas states that whatever the frame material, the method of opening on windows visible by the public must replicate the original. - 3.6 The front of the site where the windows are proposed to be replaced is not within an area susceptible to flooding on the national flood risk mapping.

4.0 PLANNING HISTORY - 4.1 There have been applications for further development and use of the site but these are not relevant to the current proposal.

5.0 REPRESENTATIONS - 5.1 Castletown Commissioners were consulted on 23rd March, 2021 but have not commented. - 5.2 Highway Services do not oppose the application (01.04.21). - 5.3 DoI's Flood Risk Management Team confirm that there is no flood risk from this development (13.04.21).

6.0 ASSESSMENT - 6.1 The issue here is whether the proposed works preserve or enhance the character or appearance of the Conservation Area in which the property sits taking into account the special character of the area.

6.2 The existing windows will be replicated, the only changes being the frame material to a more modern uPVC and the omission of horns. The use of uPVC is not uncommon within Castletown's Conservation Area and its use is clearly considered to be less important in PC1/98 than the opening style which in this case is correct. EP34 expresses a preference for the use of traditional materials however, given the context of the site which sees other plastic framed windows, and also given that the new windows will not have horns, which is more authentic glazing style, it is considered that the proposal is acceptable as there will be a preservation of the character and appearance of the area and the removal of the horns results in an enhancement which outweighs the use of modern frame materials.

7.0 CONCLUSION - 7.1 It is concluded that the proposal complies with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01 and is supported. Although the frame materials are not traditional, as required by Environment Policy 34 they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by the Head of Development Management 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

Decision Made : Permitted Date : 30.04.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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