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The site is the curtilage of an existing three and a half storey building situated on Bay View Road within the retail part of Port St. Mary. The building has a new shop front at ground floor level (approved under PA 10/0015) and signage (approved under PA 10/0016). Above this are possibly the original timber framed sliding sash windows, the frames painted black. The window apertures have curved heads on the first floor and round heads on the second floor. The attic level has a semi-circular window in the front dormer which is subdivided into six irregularly shaped and sized panes.
The properties alongside have their original sliding sash windows in the case of the property to the north on the first and second floors and in the case of the property to the south, the floors above the shop front have plastic framed bottom hung casements with the frames (roughly in the case of the second floor windows) shaped to fit the apertures. All three properties have a projecting three sided bay on the first floor although the application property is the only one to have a slated pitched roof.
The new shop front on the ground floor is a modern aluminium shopfront which has not yet been installed.
The windows within this section of Bay View Road have a mixture of original timber framed sliding sashes and more modern plastic framed casements - mostly bottom opening, some brown coloured, some white.
Good Luck take away - white plastic casements approved under PA 96/0192 Hairdresser's - white plastic casements Former hotel school - timber sliding sash Seamount - under renovation - plastic sliding sash windows approved under PA 09/0692 Worthing Pharmacy - white plastic casements approved under PA 09/0835 Application site - timber sliding sash Examiner Shop - timber sliding sash Homemaker - brown plastic casements approved under PA 08/1642 Waverley House (gallery) - brown plastic casements approved under PA 09/0744 Compression House - white plastic casements
The site lies within an area designated on the draft Southern Area Plan as Mixed Use. On this plan the site also lies within a proposed Conservation Area.
Proposed is the replacement of the windows in the first, second and attic floors, bottom opening tilt and turn, to match those in the property alongside. The existing door is in the rear within a timber square, small porch which is to be replaced with a plastic frame.
The area is identified as a potential Conservation Area but is as yet not so designated. Within such areas, it is proposed to preserve and or enhance the existing special character of the area. In this case the replacement of timber sliding sash windows with plastic framed casements would neither preserve nor enhance the area.
Otherwise, the provisions of GP2 and Planning Circular 1/98 are applicable:
"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 space 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 adverse 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."
Planning Circular 1/98 contains information and advice on a number of different kinds of properties in respect of replacement windows: in this case the property is in an urban setting but whether is has
retained its original character is arguable. The ground floor has certainly lost its original character by the introduction of the new shop front, however this replaced a shop front which was not the original nor attractive either. The upper floors are however still largely as original - the dormer has had new windows installed but this is at the very top of the building.
"BUILDINGS ERECTED BEFORE 1921 AND NOT FALLING WITHIN CATEGORIES a OR b WHICH HAVE LARGELY RETAINED THEIR ORIGINAL CHARACTER
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.
Replacement windows should preferably be the same as or similar to the originals in the pattern of the glazing bars. However, provided that the glazing pattern is retained, a more relaxed approach will be taken to the replacement of windows in such properties."
Planning permission has been sought for the following developments:
Port St. Mary Commissioners indicate that they do not oppose the application.
There are many factors to consider in this application - the potential Conservation Area, the existing windows, those in adjacent property with or without permission, and the general appearance and character of the street with the variety of shop fronts. Planning permission has been granted for modern style windows in plastic frames in a number of properties nearby, the only change in circumstances being that there is now a Conservation Area proposed in the draft Southern Area Plan. Despite this, the context of the building is that it has an unoriginal and unattractive shop front below and a modern aluminium shopfront approved as its replacement. To insist on timber framed windows or even sliding sashes would, it is considered not be a consistent approach to the maintenance of the building, or indeed that in respect of other buildings in the streetscene. The streetscene itself is characterised by tall buildings of similar form and shop fronts of a variety of materials and appearance at ground floor level. What interest there is is in the general form and consistent massing of the buildings and the uniformity of the apertures rather than the detailing of the lights and how they open and the material of their frames.
As such, it is considered that the application is acceptable and complies with the principles of Planning Circul 1/98 and General Policy 2.
The local authority, Port St. Mary Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
Recommended Decision: Permitted
Date of Recommendation: 27.05.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the replacement of windows as shown and described in drawing P05A received on 21st April, 2011.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made : Permitted Date : 7 June 2011
Signed: _________________________ Jennifer Chance Senior Planning Officer Delete as appropriate
Signed: _________________________ Michael Gallagher Director of Planning and Building Control
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