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Application No.: 21/00609/CON Applicant: Mr & Mrs Bharrat & Louise Chhetri Proposal: Registered Building consent for the demolition elements relating to PA 21/00608/B Site Address: 50 Patrick Street Peel Isle Of Man IM5 1BS Planning Officer: Miss Lucy Kinrade Photo Taken: 08.07.2021 Site Visit: 08.07.2021 Recommended Decision: Permitted Date of Recommendation: 30.07.2021 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.
Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.
This application has been recommended for approval for the following reason. The application accords with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and meets the principle tests of Planning Circular 1/98.
Plans/Drawings/Information;
This approval relates to drawing numbers JTM2104-P-00, JTM2104-P-01, JTM2104-P-02, JTM2104-P-03, JTM2104-P-04, JTM2104-P-05 all received 03/06/2021 and drawing number JTM2104-P-06 received by email dated 29/07/2021.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The application site is the residential curtilage of a mid-terrace, two-storey traditional dwelling on the western side of Patrick Street. The frontage comprises a number of top opening timber casement windows with a 70/30 arrangement, the front door is also timber albeit it does not appear to be original particularly when compared to others along the streetscene that are of notably better architectural and historic merit. At the rear the dwelling like its immediate adjoining neighbours has a rear two storey outlet, and the garden is enclosed by tall sandstone walls except across the rear where the wall is slightly lower with views across to Peel Hill and down to the Industrial area below. - 1.2 The dwelling sits within the Peel Conservation Area THE PROPOSAL
2.1 Full planning approval is sought for two separate elements. Firstly, approval is sought for the replacement of the existing windows and front door with new UPVC replacements matching the existing, originally the windows were to be like for like top opening casements with a 70/30 design but following discussions with the agent and a comparison made with the adjacent neighbours, these have been updated to a sash 50/50 design. Secondly approval is sought for the erection of a single storey infill extension at the rear between the existing rear outlet and the neighbour's rear outlet. The extension is to be part lean-to nearest the house and part flat roof nearer the garden and installed with two roof lights and rear bi-folding doors. PLANNING HISTORY - 3.1 The site has been subject to the following applications, one of which runs contemporaneously to this for the consent for demolition works in a Conservation Area: 03/00844/B - Permitted - for replacement UPVC ground floor window - 23/10/2003 03/00844/PART1 - refused for replacement UPVC door - 23/10/2003 21/00609/CON - Registered building consent for works relating to PA 21/00608/B.
3.2 On review of 03/00844/PART1 for the door, it is clear that the door shown in that application as existing is a non-traditional white glazed panel timber door but sitting within a traditional-esque white timber frame with a top and side light. The proposed replacement was a non-traditional white UPVC door and side light and the application was refused for the following reason: "The proposed door whilst panelled, would detract from the character and appearance of the dwellings by reason of its colour and side panel." - 3.3 It is clear that since 2003 the front door on the dwelling has been changed to an alternative black timber 4 panel door and the timber framing has also been painted black.
4.1 The site is designated as Residential on the Peel Local Plan 1989, as well as being within the Peel Conservation Area as noted. In view of the nature of the proposal and the location of the site, both General Policy 2 and Environment Policy 35 of the Strategic Plan should be considered along with Planning Circular 1/98 which offers guidance on the replacement of windows in conservation areas.
4.2 General Policy 2 states (in part): "Development which is in accordance with the landuse zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
4.3 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." - 4.4 In addition, though, Planning Circular 1/98 contains some important text with respect to replacement windows:
"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."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Peel Town Commissioners - no comments received as of 29/07/2021. - 5.2 Department of Infrastructure Highway Services - no highways interest (21/06/2021). - 5.3 No comments received from neighbouring properties
6.1 The building is not registered however Town and Country Planning Act 1999 requires that for demolitions in Conservation Areas that registered building consent be required to ensure the safeguarding of the character and appearance of the areas (minded that some demolition work is not considered to constitute development needing an application). Therefore the key considerations in this case are whether the proposed works will adversely affect or change the character and nature of the building or the Conservation Area.
6.2 The demolition works forming part of this application are to the rear of the building resulting in the loss of part of the rear ground floor elevation and an existing coal store due to the 'punching through' nature of the proposal and its wrapping around the existing rear outlet. Both of these elements do contribute to the historic interest of the building in isolation, however given their positioning at the rear and at ground floor where there is limited or restricted public view or views that the proposal would not harm the character and appearance of the Conservation Area here in this case. CONCLUSION - 7.1 The proposed works are considered to have an acceptable impact on the wider Conservation Area and to accord with Environment Policy 35 and paragraphs from Planning Policy Statement 1/01. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons:
8.2 The Decision maker must determine whether there are other persons to those listed above who should be given Interested Person Status.
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.
Decision Made: Permitted Date: 30.07.2021 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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