DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01335/B Applicant: Mr & Mrs Mark and Caroline McGillion Proposal: Retrospective approval for two first floor windows to the rear of the property Site Address: 34 Patrick Street Peel Isle Of Man IM5 1BR Planning Officer: Mrs Vanessa Porter Site Visit: 05.12.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.12.2023

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. 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 on 14th November 2023;

• o Site and Location Plan
• o Existing photos
• o Proposed photos _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of 34 Patrick Street, Peel, which is a mid-terraced property situated to the West of Patrick Street. - 1.2 Patrick Street is characterised by terraced properties, which have a wide variety of window sets, some which have been awarded planning permission and others which haven't. THE PROPOSAL

2.1 The current planning application seeks retrospective approval for the installation of two windows to the rear first floor level. The original windows were 25/75 casements and the windows which have been installed are half and half casements with fake horns. PLANNING HISTORY - 3.1 There is one previous application which is relevant to the assessment of this application PA15/01042/B which was for "Erection of kitchen extension and installation of replacement windows to front elevation," which was approved. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" under the Peel Local Plan 1989. The site isn't within a Flood Risk Zone but is within a Conservation Area.

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. REPRESENTATIONS - 5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "No highways interest." (24.11.23)

5.3 No comments have been received from Peel Commissioners at the time of writing this report 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 There is a general acceptance that in the rear of properties situated within a Conservation Area, that a relaxation to the windows which can be installed, which is mirrored by Planning Circular 1/98 policy which states, "Windows not readily visible from a public thoroughfare must 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 the construction."
• 6.2.3 With the above in mind, it can clearly be seen that what was the existing windows to the rear, the 25/75 casement windows have been in place for a long period of time.
• 6.2.4 The rear of the property can be seen from Mill Road, but this is from a distance of over 70m and at a substantial height difference, as such any views would be fleeting.

• 6.2.5 The change from 25/75 casements to half and half casements, will ultimately improve the Conservation Area and as such the proposal is deemed to comply with Section 18(4) of the Town and Country Act (1999). 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area. Planning Circular 1/98 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, which will preserve the Conservation Area. CONCLUSION
• 7.1 The proposed windows to the rear elevation are acceptable in terms of their form, mass and design which preserves the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. 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 : 19.12.2023 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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