Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 26/00031/B Applicant: Mr Matt Cocks Proposal: Replacement of existing external door and windows Site Address: St Martins Old Laxey Hill Laxey Isle Of Man IM4 7BZ Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.03.2026 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 proposed installation of replacement windows are acceptable and as such complies with General Policy 2, Environment Policy 35 and Section 18(4) of the Town and Country Planning Act (1999).

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 14.01.2026. Right to Appeal None

Officer’s Report

1.0 THE APPLICATION SITE

1.1 The application site is the residential curtilage of St Martins, Old Laxey Hill, Laxey, an existing two storey detached house of traditional proportions which is situated on the eastern side of the Old Laxey Hill.

1.2 The existing dwelling has a total of five single pane windows, three at first floor level over a single doorway at ground floor level which has a single window either side.

2.0 THE PROPOSAL

2.1 Proposed is the installation of replacement windows to front, side and rear elevations replacing the existing front timber and uPVC top hung windows. The replacements would be uPVC top hung outward opening casements all which have the '50/50' split arrangement. The proposal includes the replacement of the existing uPVC door to the side elevation on a like for like basis.

3.0 PLANNING HISTORY

3.1 The previous application which is considered material to the assessment of this application;

3.2 Installation of replacement windows to front elevation - 19/00075/B - APPROVED

4.0 PLANNING POLICIES 2.1 The application site is within an area of 'Predominantly Residential' under the Area Plan

for the East 2020. The application building and site are located within a Conservation Area.

4.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-

4.3 General Policy 2 states: "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 spaces 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 unacceptable 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."

4.4 Environment Policy 35 states: "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."

4.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man.

4.6 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".

4.7 Residential Design Guide 2021

5.0 REPRESENTATIONS

5.1 None.

6.0 ASSESSMENT

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

• - Statutory test
• - Character and appearance

6.2 CONSERVATION AREA STATUTORY TEST

• 6.2.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in section 4.4 of this assessment on whether the proposal would preserve or enhance the Conservation Area.
• 6.2.2 The existing street-scene in terms of the windows within the properties has evolved over a number of years ranging from "50/50" top opening casement windows, high level opening casement windows and single pane windows. The majority of properties in the immediate area appear to have had their original "50/50" timber sliding sash windows replaced, with more inappropriate style of windows. In relation to the application windows, the proposal includes the replacement of all windows to the front, side and rear elevations, which the majority are publicly apparent and therefore are arguable the more important elements in terms of the character and quality of the Conservation Area. The existing windows are all made up of non-original windows, generally top opening hung windows.
• 6.2.3 The existing windows are not of special interest and not in the likely original style (i.e. 50/50 split sliding sash windows). It is considered the proposals would appear more likely the original windows with the 50/50 split arrangement and would be a betterment to the character and appearance of the property or that of the Conservation Area; having a enhancement impact. The side door is not publicly apparent and is being replaced on a like for like basis so this has a natural impact (i.e. preserve).

6.3 CHARACTER AND APPEARANCE

• 6.3.1 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Section 18(4) of the Town and Country Planning Act (1999) as mentioned above, also requires that the desirability of preserving or enhancing its character or appearance in the exercise.
• 6.3.2 For the reason outlined previously (par 6.2.2 to 6.2.3) it is considered the proposal are acceptable and would preserve the character and appearance of the Conservation Area.

7.0 CONCLUSION

7.1 The proposed installation of replacement windows are acceptable and as such complies with General Policy 2, Environment Policy 35 and Section 18(4) of the Town and Country Planning Act (1999).

8.0 Right to Appeal and Right to Give Evidence

8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

• applicant (in all cases);
• a Local Authority; Government Department; Manx Utilities; and Manx National Heritage

that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of

Infrastructure and the local authority for the area;

• any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• in the case of a petition, a single representative.

8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

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 and/or rights to appeal.

Decision Made : Permitted Date: 10.03.2026 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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