Officer Report

Application No.: 16/00311/B Applicant: Ms Sandra Caley Proposal: Installation of replacement windows to dwelling Site Address: 22 Stanley Road Peel Isle Of Man IM5 1NY Case Officer : Miss Abigail Morgan Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of No. 22 Stanley Road, a two storey midterraced dwelling located on the north eastern side of Stanley Road, Peel. The application site also lies within the Peel Conservation Area. To the rear of the application site is Gib Lane. - 1.2 The property currently has casement windows front and rear.

2.0 THE PROPOSAL - 2.1 The current planning application seeks approval for the installation of replacement existing top hung awning/casement windows with double glazed hardwood sliding sash windows to the front of the propoerty and double glazed hardwood casement windows to the rear of the property. - 2.2 Originally the application was for replacement of the existing casement with all casement. Due to location in conservation area and the majority of other windows along Stanlry Road being sliding sash, the applicant was asked to install sliding sash to the front, which was confirmed by email dated 18 August 2016. As no objections had been raised to the inital proposal the file description was just updated and not circulated.

3.0 PLANNING HISTORY - 3.1 There is no planning history for this site.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site lies within an area zoned as Mixed Use under the Peel Local Plan 1989. As previously mentioned, the application site also lies within Peel Conservation Area.

There are two paragraphs within Planning Circular 6/89, the written statement that accompanies the local plan, which are considered materially relevant to the assessment of this current planning application:

• Paragraph 9.15 states: "The character of the Conservation Area should be encouraged by positive schemes of action which will apply to areas and individual buildings and include the historic pattern of streets and spaces."

• Paragraph 9.16 states: "Particular attention will be paid to the alteration or extension of a building within the Conservation Area which must be carried out in a manner sympathetic to the existing building and its setting."

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered materially relevant 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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality;

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."

4.3 Planning Circular 1/98 provides advice on the replacement of windows. It states:

BUILDINGS IN CONSERVATION AREAS 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.

5.0 REPRESENTATIONS - 5.1 Peel Town Commissioners have raised no objections. 14.04.2016. - 5.2 DOI Highways - no highways implications. 21.03.2016.

6.0 ASSESSMENT - 6.1 Environment Policy 35 sets out the policy in regards to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area if the development would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development. - 6.2 Having visited the site many of the properties along Stanley Road have had replacement windows albeit there is no planning history for their replacement. Along the terrace many of the windows appear to be sliding sash, although some are also top hung awning/casement windows, in the style of sliding sash. - 6.3 As a Conservation Area the installation of replacement windows with sliding sash is being encouraged. After discussions with the applicant they have agreed to install sliding sash in the front elevation. In this regard this is considered to be an improvement and will add to the character of the dwelling and the area. In respect of the rear casement windows, it is considered that the

• proposed replacement of existing top hung awning/casement windows with the same style windows, in hardwood, would not detract from the appearance of the main dwelling. The new windows proposed under this scheme are considered acceptable and are not judged to detract from the existing appearance and character of the dwellinghouse or the Conservation Area.
• 6.4 As a result, it is concluded that the planning application does not conflict with General Policy 2 (b), (c) or (g) or Environment Policy 35 of the Isle of Man Strategic Plan 2007 and accords with the requirements of Planning Circular 1/98.

7.0 RECOMMENDATION - 7.1 For the reasons set out above, the planning application is recommended for approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 21.06.2016 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Notwithstanding the information submitted the windows in the front elevation shall be sliding sash.

Reason: In the interests of the character and appearance of the site and the Peel Conservation area.

This approval relates to Location Plan and window details date stamped received 15 March 2016.

I can confirm that this decision has been made by the Interim Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 22.08.2016 Determining officer

Signed : J CHANCE Jennifer Chance Interim Director of Planning and Building Control

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