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Application No.: 19/00844/B Applicant: Mrs Loni Evans Proposal: Alterations to existing windows to create two new windows to front elevation Site Address: The Herring House (2) Fort Island Road Derbyhaven Isle Of Man IM9 1TZ Principal Planner: Miss S E Corlett Photo Taken: 04.09.2019 Site Visit: 04.09.2019 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 04.09.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The proposed windows would be out of keeping and unsympathetic to the character of the building in which they would be inserted as well as that of the surrounding area in general and contrary to the guidance on replacement windows set out in Planning Circular 1/98, General Policy 2b, c and g of the Strategic Plan and the Residential Design Guidance July 2019.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The Isle of Man Natural History and Antiquarian Society as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy, they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy, they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and provide the address] as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________
1.1 The site is the curtilage of a dwelling - The Herring House which sits on the western side of Fort Island Road in the group of dwellings which sit to the south of Derbyhaven Road to the north. The highway is narrow with most dwellings sitting right onto the highway. The site also includes open land across the road. - 1.2 The dwelling is formed from the conversion of an older, stone building which has a number of relatively small, square window openings on the roadside but which has more recently been extended in a very modern way at the rear. The frontage is in two distinct parts: the northern part has thin framed windows which are two fixed lights beside each other. The southern part has windows which are recessed more deeply in the apertures, have thicker frames and two of the windows are cruved bays. THE PROPOSAL
2.1 Proposed is the replacement of some of the existing first floor windows - one of which is a small curved bay and the rear are the characteristic square casements, with two much longer windows which are 4.4m and 4.1m wide respectively. The ground floor curved bay also looks like it is being replaced with a flat window although this could be undertaken without planning approval under Class 24 of The Town and Country Planning (Permitted Development) Order
2.2 The remaining window frames are to be painted grey to match the new frames which will be built of powder coated aluminium. PLANNING POLICY
3.1 The site lies within an area designated on the Area Plan for the South as Residential. Derbyhaven is one of 6 settlements identified in the Area Plan "Groups of Houses in the Countryside Survey 2009 , describing it as "a group of dwellings clustered around the junction where the Castletown Road meets the Fort Island Road. It is a compact group, having a welldefined boundary with the Airport and the Golf Course. There are no public buildings, but there is a sense of place arising from its geographical position facing the largely natural harbour and the pleasant public foreshore. The group is clearly not sustainable , there is little or no scope for infilling, and the extension of the group into Airport or Golf Course land would be undesirable. Derbyhaven is not far enough from Castletown for there to be a valid argument for local housing need. Additional dwellings are not therefore proposed." - 3.2 As such, the following parts of the Strategic Plan are relevant:
General Policy 2: "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:
Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
3.2 The Department has recently published the Residential Design Guidance (March 2019 revised in July of the same year to include illustrations) which provides advice on the design of new houses, alterations and extensions to existing property as well as how to assess the
impact of such development on the living conditions of those in adjacent residential property. This includes advice on windows as follows:
3.3 Finally, Planning Circular 1/98 provides advice on the replacement of windows and doors. The advice splits into two and addresses rural buildings and those in all other settings. Whilst the site is designated for development on the Area Plan, it is also with the settlement of Derbyhaven which is one of a number of settlements in the countryside in this document and a recent planning appeal decision for Skeddan Veg pronounced that the properties in the settlement should be considered as being in the countryside:
"Principle of development 48 The appeal site is in an area zoned for residential use in the Area Plan for the South. The principle of erecting a replacement for the existing dwelling on this site is clearly acceptable. However, in Appendix 4 of the Area Plan, Derbyhaven is defined as a 'group of houses in the countryside'. To my mind, this indicates that Skeddan Veg must be regarded as being in the countryside - the definition cannot reasonably be construed in any other way. In view of this, I do not understand why the Planning Authority considers Housing Policy 14 of the Strategic Plan to be irrelevant to the present case. That policy comes within a section of the Strategic Plan which is headed 'Replacement Dwellings in the Countryside'." (17/01312/B)
3.4 As such, both parts of the Circular which apply to pre-1921 buildings which are not within a Conservation Area or Registered, are set out below for completeness:
"Buildings in a rural setting In an individual building or group of buildings, whose principal elevations are readily visible from a public thoroughfare, if the original windows are in place, it may be possible to repair and renovate them. This can take place without permission, and will be encouraged by the Department. If repair is impracticable or the existing windows are not the originals, the preference will be for replacement windows on the said principal elevations, to have the same
method of opening as the originals. Whatever the material used in their construction, the windows must have the same or similar pattern and section of glazing bars and the same or similar frame sections as the original windows.
Reason for Policy: the Island is fortunate in that is still retains a considerable number of unspoilt traditional vernacular buildings which epitomise the quality of the rural landscape. These buildings may not be worthy of Registration, and may not be located in Conservation Areas, but they do make a most important contribution to the traditional character of the rural landscape., Where these buildings remain substantially unaltered, the aim is to encourage their enhancement whilst preserving the original vernacular styles."
For pre-1921 buildings not in a rural setting, the following is set out:
"Replacement windows should preferably be the same or as similar to the originals in the pattern on the glazing bars. However, provided that the glazing pattern is retained, a more relaxed approach will be taken to the replacement of windows in such properties.
Reasons for Policy: many buildings fall within this category and although there is little in the way of restriction, the aim is to encourage simulation of the original glazing pattern and this will apply particularly to buildings which are part of a larger group, such as a terrace where replacement windows, if carefully designed, may serve the enhance the overall appearance of the group."
4.1 The property has been the subject of a number of previous applications which are mainly concerned with the rear of the property. REPRESENTATIONS - 5.1 Department of Infrastructure Highway Services indicate that there is no highway interest in the application (09.09.19).
5.2 The Isle of Man Antiquarian Society object to the application, considering that the original building - a storage shed in associated with the red herring industry, would have had an uneven distribution of window openings and therefore what is proposed is not appropriate for the building. Moreover, they consider that the proposal would unbalance the front elevation compared with its other half and they note that the building is not affected by tall buildings on the other side of the road and as such there is no such restriction on daylight (04.09.19). ASSESSMENT - 6.1 The proposed windows will be a significant change to the existing arrangement and there is no supporting information to suggest why this is appropriate nor indeed why the works are proposed. All of the Department's advice which provides guidance on replacement windows in a building of this sort, recommends that windows should follow closely the originals which in this case are small, square casements within a stone frontage of character. What is proposed is unsympathetic and out of keeping not only with the existing frontage but also to the streetscape in general where the only horizontally proportioned windows can be found in the much more modern mansard roofed Haven Court building to the north.
6.2 Whilst the proposed material would not be unacceptable, given the industrial character of the building, the form and appearance of the proposed windows would be uncharacteristically wide and would have a detrimental impact on the character and appearance of the overall building. CONCLUSION - 7.1 The proposed windows would be out of keeping and unsympathetic to the character of the building in which they would be inserted as well as that of the surrounding area in general and
contrary to the guidance on replacement windows set out in Planning Circular 1/98, General Policy 2b, c and g of the Strategic Plan and the Residential Design Guidance July 2019.
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:
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 : Refused Date: 17.09.2019 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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