Planning Officer Report

Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site comprises the residential curtilage of 'The Nook', a two storey, semi-detached dwelling on Crossag Road, Ballasalla. The Nook is directly sited on the north western side of the A26, Ballasalla to Glen Vine. The dwelling is bounded by trees and natural vegetation.

1. The existing dwelling includes a detached garage to the south west of the property with a driveway in front leading off from the highway, and providing parking for one vehicle. There is also limited parking available on the highway directly outside the front of the dwelling.

The Proposal

1. The planning application seeks approval for the removal of existing timber side hung windows to be replaced with new woodgrain PVC windows replicating the existing side opening method. The proposal also looks to replace the sliding doors on the rear elevation with French doors and to replace the single door on the south west, side elevation to woodgrain PVC.

1. The existing front door is proposed to be replaced with woodgrain PVC but retaining the unique coloured design in the upper pane of a bird diving into the water in front of a sun with 'The Nook' written underneath it.

Planning History

1. The application site has been the subject of a number of planning applications, one of which is considered specifically material to the assessment of this current planning application:

PA 01/02652/B: Erection of a conservatory to the rear of the dwelling and external chimney stack. This previous planning application was permitted.

Planning Policy

1. In terms of local plan policy, the application site is sited in an area of High Landscape or Coastal Value and Scenic Significance. The application site is sited on an old woodland area in close proximity to ancient monuments and sites of archaeological interest under the Isle of

Application No.:	11/01649/B
Applicant:	Mr Jeremy Harold Grimshaw
Proposal:	Installation of replacement windows and doors
Site Address:	The Nook Crossag Road Ballasalla Isle Of Man IM9 3EE

Man 1982 Development Plan. The site is now predominately residential with the application site the end dwelling in a row of three houses.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

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."

Environmental 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."

1. In terms of Planning Circular 1/98: The Alteration and Replacement of Windows set down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states:

"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"

Representations

1. Malew Parish Commissioners have no objections to the planning application.

Assessment

1. The main issues to consider in the assessment of this planning application is 1) The impact on the amenities of the local residents 2) The impact on the existing dwelling and the Conservation Area.

1. It is considered that the overall level of development contained within the proposal is relatively modest and would have a neutral impact on the amenities of the neighbouring properties and local residents of Crossag Road. The proposed replacement of windows would not cause any adverse impacts on public and private amenity and would not be distracting from the highway.

1. Planning Circular 1/98 – The Alteration and Replacement of Windows sets out the policy in respect of the alteration or replacement of windows. Part 6 Category b of this planning circular specifically deals with buildings within Conservation Areas. This states that replacement windows must have the same method of opening as the originals. However, it should be noted that the windows on each end of the ground and first floor of the front elevation do not have the same opening window as the existing; this is the same for the proposed windows on the side elevation. After consulting with the Conservation Officer who has viewed the plans and is happy with the proposal. As the proposed windows do replicate the method of opening as the originals it is concluded that the planning application accords to the provisions of Planning Circular 1/98 and does not warrant grounds for refusal.

1. The replacement of the sliding door at the rear of the dwelling to French doors poses no undue impacts on the dwelling itself nor is it judged not to harm public or private amenity given the position and scale of the development. The replacement from timber to PVC on the side elevation is again not considered to cause an adverse affect to the dwelling, Conservation Area or public and private amenity given that it is a like-for-like replacement.

1. Environment Policy 35 states that development within a conservation area will only be permitted that preserves or enhances the character and appearance of the Conservation Area. It is considered that this planning application would preserve the appearance of the dwelling and street scene of the Conservation Area. It is therefore judged that the proposal would not have an adverse impact on Silverdale’s Conservation Area. Overall, it is concluded that the proposed development is in accordance with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98.

Recommendation

1. It is recommended that the planning application be permitted.

Party Status

1. The local authority is, Malew Parish Commissioners, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 08.02.2012

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval for the replacement of windows and doors relates to drawing titles Location Plan, Existing Front Elevation, Rear Elevation Existing, Side Elevation, Front Elevation, Front Elevation Proposed in Woodgrain PVC, Side Elevation (from 'Riverside'), Proposed Side Elevation at 'The Nook' with Door to Rear, Rear Elevation, Rear Elevation Proposed Change from Timber to PVCU Woodgrain Finish and Proposed Change of Sliding Patio Door to Double Outward Opening Doors Woodgrain PVCU date stamped 29th November 2011.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 9 February 2012

Determining officer (delete as appropriate)

Signed : ... Anthony Holmes Senior Planning Officer

Signed : ... Michael Gallagher Director of Planning and Building Control

Signed : ... Sarah Corlett Senior Planning Officer

Signed : ... Jennifer Chance Development Control Manager