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Application No.: 19/00419/B Applicant: Mr Geoffrey & Mrs Linda Mussell Proposal: Installation of replacement windows Site Address: 24 Church Street Peel Isle of Man IM5 1HL Planning Officer: Mr Paul Visigah Photo Taken: 03.05.2019 Site Visit: 03.05.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.05.2019 _________________________________________________________________
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.
This approval relates to the submitted documents and drawings 01121, 01121A, 01121B and 01121C all date stamped and received 5 April 2019. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The application site is the residential curtilage of 24 Church Street, Peel. The existing property is a three storey Victorian terraced dwelling located on the western side of Church Street. It is a terrace of thirteen properties situated in the centre of Peel.
1.2 The street scene is made up of a mixture of window designs as there is no uniform design of windows in properties on Church Street. There is a mixture of timber and uPVC sliding sashes and casements windows on Church Street. THE PROPOSAL
2.1 This application seeks approval for the replacement of the 5 windows on the front elevation. - 2.2 The windows to be replaced are on the front (east) elevation of the property. The existing windows are top hung casements and the materials appear to be white uPVC. The windows on the second floor do not have any inner frame sections, but the windows on the ground and first floor have larger fixed frame sections with smaller opening sections above. - 2.3 The proposed windows for the upper floors are sliding sash uPVC windows, while the window on the ground floor will be sliding sash uPVC window with glazing bars. The glazing sections of the proposed casements would be similar to the existing which is to be replaced. PLANNING POLICY
3.1 The application site is located within an area identified as being mixed use by the Peel Local Plan and is within the Peel Conservation Area. Environmental Policy 35 of the Strategic Plan 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."
3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the assessment of this application: The Strategic Policy 4 states that Proposals for development must:
The Environment Policy 35 states that: 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. Therefore, Development proposals within Conservation Areas will be expected either to preserve or enhance their character or appearance. Pursuant to the foregoing, development proposals are required to be in accordance with the Department's conservation policies set out in Planning Policy Statement 1/01, "Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man."
3.3 These views are reinforced by the Peel Local Plan, 1989 (Written Statement). Policy 9.16 which is set out within the Peel Written Statement 1989 (Planning Circular 6/89), is considered specifically material to the assessment of this planning application. This states that:
"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".
Planning Policy 1/98 states that: "Replacement windows should preferably be the same or as similar to the originals in the pattern and glazing bars. However, provided that the glazing pattern is retained, a more relaxed approach will be taken to the replacement of windows on such properties".
4.1 The following previous planning application is considered relevant in the assessment and determination of this application: 10/01362/B sought approval for Installation of replacement windows and front door. Status: Refused Reason for refusal: Although the proposed windows were considered to be an acceptable replacement, the proposed door was considered not to preserve or enhance the character or appearance of the property and as such did not comply with Environment Policy 35 from the Isle of Man Strategic Plan 2007. The Planning Officer refused the application considering the fact that planning officers cannot recommend split decisions on planning applications. The whole application was therefore recommended for refusal due to the proposed door.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highways interest in the letter dated 1 May 2019.
5.2 Manx National Heritage has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. - 5.3 Peel Town Commissioners have not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
6.1 The application site is located within an area of mixed use within the Peel Conservation Area. Given the nature of the proposed development it is appropriate to assess the impact of the proposal on the character of the existing building, the surrounding area, and particularly with regard to the character of the Peel Conservation Area.
6.2 The existing windows are upvc and timber casements, but it is likely that the original windows would have been painted timber sliding sashes, which means that the existing windows have been installed at a previous time. In some cases, the planning authority has allowed casement windows when the existing windows were not traditional and the proposed casements, while not preferred, would be an improvement or would not change the existing situation. - 6.3 If the timber sliding sashes were still in place then it would be unlikely that permission would be granted for casement windows. However, this is not the case here. Although the proposed windows would not be traditional sliding sashes, the glazing sections of the proposed casements would be similar to the existing windows which are to be replaced. - 6.4 Section 8 of planning circular 1/98 gives preference to the design of windows in conservation areas and not materials used. This therefore, makes the use of upvc for the windows satisfactory. Moreover, the proposed replacement windows represents an enhancement on the existing windows since the existing windows are not traditional, whereas the replacements restore at least the correct proportions for windows in the area.
7.1 For the above reasons, this proposal is considered to accord with EP35, PPS1/01 and is recommended for approval.
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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.
Decision Made : Permitted Date: 23.05.2019 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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