23 February 2012 · Delegated
41, Douglas Street, Peel, Isle Of Man, IM5 1bb
Permission was granted for the erection of a conservatory and the installation of replacement windows and doors at 41 Douglas Street, Peel, a single-storey bungalow set within its own boundary on a narrow traditional terrace street. The application was decided by the Development Control Manager under delegated authority and was permitted in February 2012. Two conditions were attached to the approval. The site sits within a street of predominantly two-storey traditional dwellings, which formed part of the planning context for the proposal.
The application was permitted by the Development Control Manager under delegated authority. The proposal involved adding a conservatory and replacing windows and doors at a single-storey bungalow on a narrow traditional terrace street in Peel.
The refurbishment and amalgamation of properties within the town will be encouraged
Peel Local Plan 1989
work for what can be delivered over the lifetime of the Plan. The Housing Policies and supporting text in the Strategic Plan are clear about the approach needed in housing provision. Paragraph 5.27 states that: "Each new Area Plan prepared will continue to undertake urban capacity assessments as part of a sequential approach to the provision of new housing. This approach will seek to develop within existing settlements, or on previously developed land or by the re development, regeneration and conversion of existing housing. Only then will greenfield sites be brought forward, as extensions to existing settlements." Area Plan Objectives i. To reflect the housing need figures set out in the Isle of Man Strategic Plan, 2016. ii. To understand the urban capacity of existing settlements before promoting any greenfield land. iii. To set out clear proposals for residential development in the East, including specific 'General Allocation' Sites30 and 'Strategic Reserve' Sites31 and include, where appropriate, suitable development briefs. iv. To focus on implementing Strategic Policies 1, 2, 3, 4, 5, 10, 11 and 12 and Housing Policies 1-18 where it is appropriate to address these first in the Area Plan rather than simply the planning application process. v. To allocate residential sites as both general allocations and strategic reserves to ensure sufficient housing opportunities during the plan period and for the lifetime of the Plan. vi. To allow housing in the countryside only in exceptional circumstances. vii. To provide for affordable housing through general support for Housing Policy 5 set out in the Strategic Plan. Desired Area Plan Outcomes i. A pattern of new development which focuses on Douglas and Onchan. ii. Active regeneration of urban sites and previously developed land. iii. Sustainable urban extensions at the edge of the settlements of Douglas and Onchan with some areas formally held back from immediate development. iv. Phased site release through the use of Masterplans for the larger sites. v. Protection of land to ensure grey, green and social infrastructure needs can be accommodated. vi. Retention of the character of the smaller settlements in the East. Housing Need in the East One of the roles of the Area Plan is to provide and manage the supply of new housing through the allocation of suitable sites for residential development. Early evidence gathering and the continual refreshment of this evidence up to Inquiry established: i. The number of new housing units needed during the plan period and lifetime of the Plan. ii. The existing housing supply i.e. what has been built in the plan period? What has planning approval? What can be expected via conversions and windfalls? iii. A long list of potential new housing sites allowing for methodical site assessment32 including an understanding of site constraints and overall developability (see Para 12.7). iv. The implications of the spatial strategy in the East and what this means in terms of housing numbers and spread of sites. v. The opportunities in the countryside in terms of the potential to add to any groups of houses and sustainability issues of such. 30 General Allocation - for release at the time of plan approval 31 Strategic Reserve - for future release via formal release process 32 Each site was assessed using the 'Site Assessment Framework' which produced a standardised report, map and aerial photograph. vi. The need to make specific provisions such as affordable housing and older persons' housing. Given the fact that the development of new housing can make one of the greatest, if not the greatest, impact on an area in terms of physical change, it is vital that any proposed housing sites and policy statements made in support of them are underpinned by so und evidence. The preferred sites for housing - the Residential Proposal Sites (also known as General Allocations to differentiate them from Strategic Reserves) - identified in this Chapter have been chosen after comprehensive site assessment through a published site identification and assessment process , after public consultation and after thorough examination at Public Inquiry. Th e process took into account deve lopment opportunities and constraints , the outcome of the development growth scenario work and the Report of the Public Inquiry. Housing Need in the East 2011 to 2026 This Plan provides opportunities for 2,440 dwellings to be built between 2011 and 2026. Evidence was produced and analysed throughout the development of the plan and this is summarised below, starting with the Land Supply Report. The final shaping of the plan and thus the final proposals on housing need and spec ific site release came after the Inquiry Report and Modifications Stage. The Scenario Testing Report33 (which included land supply data) sought to calculate: • the number of dwellings (including conversions) which have already been built since the start of the pl
A policy of refurbishment and amalgamation of existing properties in the conservation area will apply in order to ensure the retention of historic areas by the alternative use of buildings in these areas
Peel Local Plan 1989
on must be accompanied by suitable supporting environmental information. Site Number Site Name/Description Site Size See Maps Land Use Allocation DH008s Land adjacent to Ellenbrook, Douglas 5.41 ha 3, 4 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 466) "Development of this site would undoubtedly result in a loss of countryside, and have a visual impact which some local residents may find regrettable. However, in my view, it would have considerable advantages in terms of sustainability. I recommend that Site DH008 should be shown in the Area Plan as strategic reserve land for possible future residential development." Development Brief 1. The site shall be used for predominantly residential uses. 2. There are no other specific development brief requirements associated with this site as adequate guidance is set out by the Isle of Man Strategic Plan Policies and the Proposals set out in this Plan. Land north of Ballachrink, Onchan Site Number Site Name/Description Site Size See Maps Land Use Allocation OH011s Land at Ballachrink, Onchan 9.9 ha 3, 4 and 6 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 330) "I do not consider that this extension to the urban area of Onchan would be immediately necessary. However, in my view, Site OH011 could contribute to the provision of additional housing, if required in future, subject to there being an adequate supply of primary school places; subject to the introduction of measures to mitigate peak hour traffic congestion; and subject to the resolution of local drainage problems." Development Brief 1. The Site Assessment Framework Report identified potential for landscape and environment impact which would require mitigation. Given this Report and the scale of potential development on this site, an Environmental Impact Assessment will be required as part of any detailed application. 2. Given the sloping topography of the site, any proposals must demonstrate that this has been taken into account and any detailed applications must include section drawings across the site. 3. Landscaping plans must accompany any detailed planning application . These will form an important part of the approach to softening the visual impact of any development as seen from the Creg Ny Baa and Ballacottier Road. Plans must demonstrate clearly how siting and layout has taken into account the existing development to the south of the site so as not to have an unacceptable impact on residential amenity. Landscaping and sensitive siting will be particularly important along this boundary. 4. Access into and through the site to the must be fully explored ahead of any planning application. This includes pedestrian/cycling/bus links and advice should be taken from the Highways Division of DOI on these matters. Surface Water 5. The developer's proposals for disposal of surface water from any development on this site would be reviewed in detail to ensure it complies with Manx Utilities requirements. Surface water will be required to be attenuated onsite with discharge flows restricted to not more than greenfield runoff before discharging into a suitable watercourse. Land at Camlork (Field 521518) Site Number Site Name/Description Site Size See Maps Land Allocation BH031s (Field 521518 only) Camlork, Braddan 5.73 ha 3, 4 and 8 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 283 and 288) 283 "In my view, a smaller residential development on the westernmost of the four fields at Camlork, would be reasonably well contained between the built -up area of Union Mills to the south and the existing ribbon of development along Trollaby Lane to the west, and would have a limited visual impact." 288 "… I consider that the westernmost of the four fields at Camlork should be shown as a Strategic Reserve Site with a capacity for about 50 dwellings. This would allow for a 6. It is known that the existing properties on the adjacent Ballachrink residential development currently drain to soakaways. Manx Utilities does not consider that the use of soakaways on any new development (OH011) to be suitable and as such all flows must be attenuated and discharged to a watercourse as stated above. 7. The use of Sustainable Urban Drainage Systems (SuDS) is a work stream that is being considered by the Government's Environmental Climate Change group. The outcome of this study may require the use of SUDS to be applied on all development sites. Foul Sewage 8. Context - Unless specifically designed, it is uncommon for the existing foul and surface water sewers around the peripher y of drainage catchments to have been sized to receive flows from additional developments. Historically, developments have been connected to existing foul sewerage system without fully considering / understanding the impact on the downstream system network; this has occasionally resulted in surcharging of sections of the combined s
General Policy 2
Isle of Man Strategic Plan 2007
General Policy 2: 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. 6.3 Development outside of areas zoned for development
Environmental Policy 35
Isle of Man Strategic Plan 2007
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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Planning Circular 1/98: The Alteration and Replacement of Windows
Part 6 Category b) Buildings in Conservation Areas
Planning Circular 1/98 # THE ALTERATION AND REPLACEMENT OF WINDOWS The Department of Infrastructure Planning And Building Control Division Murray House Mount Havelock Douglas Isle of Man IM1 2SF July 1998 # THE ALTERATION AND REPLACEMENT OF WINDOWS ## INTRODUCTION 1. This Planning Circular sets down the Department's policies in respect of the alteration or replacement of windows. These policies vary according to the age, merit and location of the building. For ease of use, the Circular divides buildings into several categories, and sets out the policies and reasoning for each category. ## NEED FOR PLANNING APPROVAL 2. This Circular should be read in conjunction with the recent Permitted Development Order (S.D. 664/97). The effect of the Order is that, with certain exceptions, the installation of a window in an existing aperture in a building erected after 1920 does not require planning approval. The exceptions are - a) Where the building is a registered building or in a conservation area, or in an area in respect of which the Planning Committee has passed a resolution to the effect that planning approval is required for such work; or b) Where the work would be in breach of a condition imposed on the grant of planning approval. ## GENERAL REASONING 3. The appearance of any building is strongly influenced by the detailing of its windows. The character and integrity of a building are usually best preserved by the retention and repair of the original windows, or, if this is not possible, the installation of replacements which respond suitably to the original design. In this context, "original" means those windows which were installed in the building at the time of its construction. If you are in doubt as to whether the existing windows are the originals, the staff in the Office of Planning may be able to give advice. ## BUILDING CATEGORIES 4. For the purposes of this Circular, buildings have been divided into the following categories:- a) Registered Buildings b) Buildings in Conservation Areas c) Buildings erected before 1921 and not falling within a) or b) which have largely retained their original character d) Other buildings erected before 1921 e) Buildings constructed after 1920 which do not fall into category a) or b) and which are not subject to previous planning conditions restricting the installation of replacement windows. Subsequent paragraphs of this Circular deal with each category in turn. ## Category a) REGISTERED BUILDINGS 5. Policy If the original windows are still in place they should preferably be repaired. If repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify a relaxation. Reasons for Policy: Registered Buildings are those buildings which are judged to be of special architectural or historic interest and which are already entered into the Protected Buildings register. Because of their special status, these buildings merit particular care and any work carried out by way of repair or alteration requires Registered Building Consent. Planning Approval and Registered Building Consent ARE ALWAYS required. Category b) BUILDINGS IN CONSERVATION AREAS 6. Policy 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 as the original windows. 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. Reasons for Policy: The Department has a duty to determine which parts of the Island are areas of special architectural or historic interest, the character of which it is desirable to preserve or enhance, and shall by order designate such areas as Conservation Areas. Planning Approval is required for all external works to properties in Conservation Areas to ensure that any proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. Planning Approval IS REQUIRED for alteration or replacement of window in the category of buildings. Category c) BUILDINGS ERECTED BEFORE 1921 AND NOT FALLING WITHIN CATEGORIES a) OR b) WHICH HAVE LARGELY RETAINED THEIR ORIGINAL CHARACTER 7. For ease of use, this category has been divided into two, based on the location of the building: i) Buildings in an Urban Setting Policy In the 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 materials 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 are 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. Reasons for Policy: In many of our towns there are individual and groups of buildings which, although not worthy of Registration and not located in Conservation Areas, make a most important contribution to the local townscape; e.g. prominent corner sites or terraces. Where these buildings remain substantially unaltered, the aim is to encourage their enhancement in response to the original architectural concept. Planning Approval IS REQUIRED for alterations or replacement windows in this category of buildings. ii) Buildings in a rural setting Policy 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 the existing windows are not the originals, the preference will be for replacement windows on 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 preferable have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material use in their construction. Reasons for Policy: The Island is fortunate in that it still retains a considerable number of unspoilt traditional vernacular buildings which epitomise the quality of the rural landscape. These buildings may not be worthy of Registration, and may not be located in Conservation Areas, but they do make a most important contribution to the traditional character of the rural landscape. Where these buildings remain substantially unaltered, the aim is to encourage their enhancement whilst preserving the original vernacular style. Planning Approval IS REQUIRED for alteration or replacement of windows in this category of buildings. Category d) OTHER BUILDINGS ERECTED BEFORE 1921 8. Policy Replacement windows should preferably be the same or as 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. Reasons for Policy: Many buildings fall within this category and although there is little in the way of restriction, the aim is to encourage simulation of the original glazing pattern and this will apply particularly to buildings which are part of a larger group, such as a terrace, where replacement windows, if carefully designed, may serve to enhance the overall appearance of the group. Planning Approval IS REQUIRED for alteration or replacement of windows in this category of buildings. Category e) BUILDINGS CONSTRUCTED AFTER 1920 WHICH DO NOT FALL INTO CATEGORIES a) OR b) AND WHICH ARE NOT SUBJECT TO PREVIOUS PLANNING CONDITIONS RESTRICTING THE INSTALLATION OF REPLACEMENT WINDOWS. 9. The installation of replacement windows in these buildings does not require planning approval. The Department nevertheless recommends that the design of such windows should respect the architectural style of the building. ## FINANCIAL ASSISTANCE 10. Attention is drawn to the fact that the repair of existing windows or the installation of replacement windows may qualify for grant assistance under Financial Assistance Schemes which the Department operates. Further information regarding the availability of Grant Assistance is obtainable from the Finance Section of the Department. ## REVOCATION AND STATUS 11. Planning Circular 2/93 (Replacing External Doors and Windows) is herby withdrawn. 12. This Circular is issued by the Department in accordance with Article 11 (2)(a)(vi) of the Isle of Man Planning Scheme (Development Plan) Order 1982. 13. Further advice or information is available from: The Planning Office Department of Infrastructure 1st Floor Murray House Mount Havelock Douglas Isle of Man .
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This approval for the erection of a conservatory and installation of replacement windows and doors relates to drawing numbers 01 A, 02 A and 03 A date stamped 18th January 2012.