Decision Notice

Peter Burns Unit M3 Mosshill Industrial Estate Ayr KA6 6BE

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr Owain Brimfield, Ref 16/01384/B, for the Replacement of existing windows with black finish pvc casement windows to front, rear and side elevations at 1 Mona Street Peel Isle Of Man IM5 1HJ for the following reason(s):

• 1. The existing windows are not original to the dwelling and nor are they traditional to the dwelling. The proposed replacement of those timber-framed windows with plasticframed units would harmfully worsen the existing situation in a manner that would fail to preserve or enhance the Conservation Area and, in particular, Mona Street where a number of dwellings have timber and / or sliding sash windows. Accordingly, the proposal would harmfully impact upon the character and appearance of the Conservation Area, contrary to Planning Circular 1/98, and also to Environment Policy 35 and parts (b), (c) and (g) of General Policy 2 of the Isle of Man Strategic Plan 2016.
• 2. The proposed windows would open out over a pavement at a height lower than the normally-sought 2.1m, and would therefore cause a danger to pedestrian safety by potentially forcing pedestrians into the road when having to avoid open windows. This is contrary to Transport Policy 4 and part (h) of General Policy 2 of the Isle of Man Strategic Plan 2016.

Date of Issue: 9th February 2017

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer’s report is included alongside this notice, any wider correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £170);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.