DEC Officer Report

Application No.: 19/00757/B Applicant: Mr R Mawdsley Proposal: Installation of replacement windows to two dormer windows Site Address: Flat 2 Powell House 41 Michael Street Peel Isle Of Man IM5 1HD Planning Officer: Mr Paul Visigah Photo Taken: 23.07.2019 Site Visit: 23.07.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.08.2019 _________________________________________________________________

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.

Plans/Drawings/Information;

This approval relates to the Location plan, photographs and window descriptions date stamped and received 8th and 11th July 2019. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report APPLICATION SITE

1.1 The application site is the curtilage of Flat 2, Powell House, 41 Michael Street, Peel; a 3 storey end-terrace property located at the intersection between Michael Street and Factory Lane. This property is situated 36m northwest of the Peel Methodist church, and 82m

• northwest of the Peel Parish church. The street scene is characterised by a mixture of dwelling finishing comprising stone finishing, painted masonry render as well as spar dash rendered dwellings. A greater proportion of the dwellings on Michael Street have dormers on the top floors.
• 1.2 The application building is finished in a rendered masonry painted pink. There are three sets of dormer windows on this property. Two of the dormers front unto Factory Street, while the other faces Michael Street. There is a clock on the building face which can be viewed from the intersection. The existing windows on the dormers are timber sliding sash windows painted white. THE PROPOSAL

2.1 Proposed is the installation of replacement windows to two dormer windows to the elevation overlooking Factory Lane with white Upvc sliding sash windows. The proportional split would replicate those of the current window. PLANNING POLICY - 3.1 In terms of local plan policy, the application site is in area designated as 'Mixed Use' under the Peel Local Plan Order 1989. The application site is within the Peel Conservation Area.

3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:

• 3.2.1 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;
• (d) does not affect adversely the amenity of local residents or the character of the locality;

• 3.2.2 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."
• 3.3 It is also important to consider guidance and policy regarding development in Conservation Areas: Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) Policy CA/2, (Conservation Areas); "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application."
• 3.4 In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets 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"

Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the original method of opening, whatever the material used in the construction."

PLANNING HISTORY

4.1 The application site has not been the subject of any previous planning application, and as such there is no planning application that is considered to be materially relevant to the assessment of the current planning application.

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 highway interest in a letter dated 22 July 2019.

5.2 Manx National Heritage although consulted on 17 July 2019, 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 Manx Utilities Authority although consulted on 17 July 2019, 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. - 5.4 Peel Town Commissioners although consulted on 17 July 2019, 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.

ASSESSMENT

6.1 The key issue to consider in the assessment of this application is whether the replacement windows would meet the test set out in Environment Policy 35 and other policies mentioned above in either preserving or enhancing the Conservation Area.

6.2 The Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. - 6.3 The proposed replacement of the existing dormer windows is not judged to have a harmful and damaging impact on the character or appearance of the Conservation Area and street scene given the form, design and appearance of the proposed replacement windows. The proposed windows, although would be made of UPVC, would help to provide a uniform appearance in window form which would enhance the overall appearance of the application building and in turn preserve the appearance of the street scene. The replacement windows would be fixed as sliding sash windows; bearing all the features of the existing timber sliding sash windows and as such would conform to Part 6 Category b of the Planning Circular 1/98. Moreover, the new windows would be double glazed windows which will provide better energy saving for the dwelling.

CONCLUSION

7.1 In summary, the proposal is regarded generally as preserving the special character and appearance of Peel Conservation Area and the application is therefore acceptable. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

• o Whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o Whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 12.08.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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