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Application No.: 19/01048/B Applicant: Mr Peter Faragher Proposal: Installation of replacement windows (retrospective) Site Address: Marine Hotel Shore Road Peel Isle Of Man IM5 1AH Planning Officer: Miss Lucy Kinrade Photo Taken: 13.11.2019 Site Visit: 13.11.2019 Expected Decision Level: Planning Committee Recommended Decision: Refused Date of Recommendation: 06.01.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions Plans/Drawings/Information; _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICANT IS RELATED TO A MEMBER OF THE DIVISION'S STAFF
1.1 The application site represents the curtilage of the Marine Hotel, Peel and existing four storey building used as a public house and restaurant at ground floor and living accommodation to the upper floors. The existing building sits on the corner where Shore Road meets Market Street as such there are two principle elevations, one facing Market Street and the other that bends from Market Street and around to the promenade addressing the corner junction in the road. This formation creates a rounded corner to the principle promenade facing elevation. - 1.2 The existing building is painted white and has distinctive black painted string courses and black painted connecting hood moulds above windows and doors throughout. Running at second floor along the promenade facing elevations is also a black painted metal railing balcony which also comprises the metal letters reading 'Marine Hotel'.
1.3 Across the ground floor the building has black painted timber windows and black painted timber doors. At the upper floors the building is fitted with top opening UPVC casements throughout, some finished with an internal vertical glazing bar and some without. - 1.4 The site is within the Peel Conservation Area. THE PROPOSAL
2.1 The application seeks retrospective approval for the installation of the UPVC top opening casements to the first floor. PLANNING HISTORY - 3.1 The site has been subject to three previous applications although none are considered relevant in the assessment and determination of this application. PLANNING POLICY - 4.1 The site lies within a large area of 'Mixed Use' on the Peel Local Plan of 1989 and also within the town's Conservation Area. As such, the key policies and excerpts in this case are Environment Policy 35 of the Strategic Plan 2016, Planning Circular 1/98 The Alteration and Replacement of Windows and the written statement accompanying the Peel Local Plan. The Cullen: Peel Report has been reviewed although does not contain any information or advice relating to windows.
4.2 Environment Policy 35:
"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections
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."
"9.2 The area in question comprises a unique street pattern related to the harbour and the sea and includes a high proportion of largely original buildings and structures. As such the character of the area should not only be preserved but enhanced by positive schemes of action.
9.3 Particular attention will be paid to the design of replacement windows, doors and roofing materials which might detract from the area."
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Peel Town Commissioners - Do not oppose (dated 28/11/2019)
5.2 Department of Infrastructure (DOI) Highways Division - No Highways Interest 09/10/2019. ASSESSMENT
6.1 The fundamental issues to consider in this case are the visual impact of the proposal on the character and appearance of the existing building and the visual impact on the wider character and appearance of the Conservation Area.
6.2 The Strategic Plan states that development in Conservation Areas should seek to 'preserve or enhance' the special features and qualities of that area, and that in the replacement of windows Planning Circular 1/98 states where original windows are in place they should preferably be repaired. If repair is impracticable replacements must have the same opening method and the same pattern and section of glazing bars. 1/98 also states the same material from the original construction should be used; however in some cases the use of UPVC can be considered but only where the opening method and glazing pattern is maintained and only where it would not detract from the character of the area.
6.3 The application is provided with a letter dated 30/07/2019 from the window company in which it states that 70% of the installation had been completed. - 6.4 On review of Google Street view dating 2010 it is evident that the first floor windows are 50/50 timber sliding sash some with a vertical glazing and some without. The windows to the second and third floors are UPVC top opening casements with an internal vertical glazing bar and which remain as they do today. The ground floor windows also remaining as fixed timber casements now as they did then in 2010 on Google streetview. - 6.5 The current application results in the loss of timber sliding sash windows, a type and style of window particularly the opening method which should sought to be retained here. However, and perhaps slightly controversially, the installation of the new UPVC windows in a top opening casement all with a vertical glazing bar to a certain degree results in a rational and uniform appearance throughout the upper floors of the building. - 6.6 The Marine stands as one of the tallest buildings in this section of the promenade streetscene and it could be considered that its key defining features are the way that the building addresses the corner from Market Street on to the Promenade by bending and creating a rounded corner to the building, this contrast between the flat and rounded façades further defined by the striking string courses, hood moulds and the second floor balcony railings each contributing to the horizontality of the building which competes with the vertically aligned windows and doors across the elevations. - 6.7 The timber materials of the windows reflect the historic nature and origins of the building,
at public eye level the timber materials of the ground floor windows and doors remain and continue to contribute positively to the character of the conservation area. From the adjacent side of the road the upper UPVC windows negatively impact on the character and appearance of the building albeit those to the second and third floors likely to have been installed prior to 2010 and perhaps prior to the designation of the Conservation Area in 1990. When viewed in the wider streetscene amongst the neighbouring properties and from further key focal areas such as Peel Castle or the breakwater the dominant features are the corner junction and the horizontal lines of the render bands, hood moulds and balcony which dominate the buildings façades. The vertical arrangement of the apertures and the general window style with the 50/50 frame design follows, while the opening method becomes less recognisable.
SUMMARY
6.8 The current application has been difficult to assess. When considered in the wider streetscene and as part of the Promenade the replacement of the first floor windows with top opening casements has an overall negligible impact on the general character and appearance of the Conservation Area, and in favour of the application the installation of the top opening casements results in a uniform appearance throughout the buildings upper floors. - 6.9 However, The Marine is a key building along the Promenade and when viewed in isolation or when passed in the streetscene the principal views are of the ground and first floor beneath the balcony, and the loss of the timber sliding sash windows negatively impacts on the overall
character and historic interest of the building in itself and when viewed by the passing public and is wholly contrary to the established policies that seek to preserve or enhance Conservation Area. Given that these timber sliding sashes were also the last sliding sash remaining on the building this further intensifies the importance of their retention for future or at least their replacement with appropriate sliding sash alternative.
7.1 In light of the above, the replacement windows by reason of the opening method neither preserve nor enhance the character and appearance of the Conservation Area and thus is considered to fail EP35 of the IOM Strategic Plan and to be contrary to the aims of both Planning Circular 1/98 and the Peel Local Plan Written Statement. The application should therefore be refused. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 27.01.2020
Signed : L KINRADE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Application No. : 19/01048/B Applicant : Mr Peter Faragher Proposal : Installation of replacement windows (retrospective) Site Address : Marine Hotel
Shore Road Peel Isle Of Man IM5 1AH Planning Officer : Miss Lucy Kinrade Presenting Officer As above Addendum to the Officer’s Report The Planning Committee unanimously declined the recommendation of the case officer and the application was approved.
The Members agreed that the replacement first floor windows were now consistent with those on the upper floors and when the building is viewed as a whole the replacement first floor windows did not detract sufficiently enough to detriment the character and appearance of the Conservation Area to warrant a refusal of this application.
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