DEC Officer Report

Application No.: 22/00944/B Applicant: Mrs Rosemarie Blackwell Proposal: Replacement Utility Roof & Glazing; Replacement Windows Site Address: 16 Circular Road Peel Isle Of Man IM5 1ND Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.10.2022

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.

• C 2. The windows on the front elevation that are to be sliding sash, are to be fitted with horns which must be run through and not stuck on.

Reason: to ensure that the new windows are appropriate in appearance and form to the Conservation Area in which they will sit.

This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received 27th July 2022:

• o Drawing No. 01
• o Drawing No. 02
• o Drawing No. 04

This decision also relates to Drawing No. 03 and details of the doorway, dated received on the 27th September 2022.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are considered not to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Isle of Man Victorian Society, 52 Alberta Drive, Onchan as they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (January 2020). _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of Many Tides, 2 Minorca Cottages, Minorca Hill, Laxey which is part of a row of two storey terraced properties. The property is located to the South-Western side of Minorca Hill and Northwest of Laxey Bridge. THE PROPOSAL - 2.1 The current planning application seeks approval for replacement windows and doors to the front and rear elevation.

2.2 The proposal is to alter the existing timber casement windows to single pane uPVC top opening windows. The proposed front door is to be a solid uPVC door with the rear having a large glazed section within the frame. - 2.3 Also proposed is the replacement of fascia's/ soffits and rainwater foods with white uPVC. PLANNING HISTORY

3.1 Any previous applications are not relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominately Residential" on the Area Plan for the East, Map 7 - Laxey. The property is situated within the Laxey Conservation Area but not a Flood Risk Zone.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. - 4.3 In addition to the above consideration should also be given to Planning Circular 1/98 and PPS 1/01 which provide guidance policies in respect of the alteration or replacement of windows and works in a Conservation Area. REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summery;

5.2 Highway Services have considered the proposal and have no highways interest. (24.08.22 & 30.09.22) - 5.3 No comments have been received from Peel Commissioners at the time of writing this report. - 5.4 Representation was received from the Isle of Man Victorian Society in which they initially objected to the proposal (25.08.22), but then retracted their objection to the windows but kept their objection to the proposed door (30.09.22). ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test
• - character and appearance (GP2, b,c)

- 6.2 SECTION 18(4) TEST

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
• 6.2.2 When looking at the property, firstly the windows currently in situ are not what would have been original sliding sash, as such the proposed alteration to change them from the existing casements to sliding sash will enhance the overall Conservation Area and as such the windows are deemed to comply with Section 18(4) of the Town and Country Act (1999).
• 6.2.3 Turning towards the door, whilst the proposed door is not fully a door which would be of the acceptable period, the door is acceptable enough to preserve the existing Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999).
• 6.2.4 Lastly with regards to the works in the rear of the property, due to the properties position within the overall streetscene, the proposed works situated to the rear will not be seen from a prominent public view. Whilst this is the case the works will be preserving the overall Conservation Area by having replacement casement windows in line with Planning Circular 1/98, with the changes to the roof, installation of bi-fold doors to both the side and rear elevation, both preserving the Conservation Area.

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of an area, the windows and doors are often the most important element in any façade and can often help gauge the age and/or purpose of a building. The proposed windows are to have the same opening method as the original windows, and therefore follows the guidance within Planning Circular 1/98.
• 6.3.2 Planning Circular 1/98 also states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows are recognised as an acceptable alternative to timber.
• 6.3.3 Overall when looking at the proposed works they should not impact the character or appearance of the streetscene as such the proposal will comply with Environment Policy 35. CONCLUSION

7.1 In conclusion, it is deemed that the proposed windows fails to comply with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan and neglects the general standards towards replacement windows as set out in Planning Circular 1/98. Accordingly it is recommended the application be refused. 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 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.

Decision Made : Permitted Date: 06.10.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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