DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/00671/B Applicant: Mrs Jennifer Corkill Proposal: Installation of a replacement window Site Address: Ballaterson West Church Road Maughold Isle Of Man IM7 1AR Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.09.2024 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

Having regard to Section 18(4) of the Town and Country Act (1999), the amended detail which confirms the fan light detail shall be replicated within the window results in a replacement window that would not cause undue harm to the Conservation Area, or the character of the building. Therefore the proposal is considered to accord with the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016 and is acceptable.

Plans/Drawings/Information;

This decision relates to the following detail, plans and drawings received on the 10.06.2024 unless otherwise stated;

• o Location Plan - Document B
• o Proposed window detail - Document D (10/09/2024) _______________________________________________________________

Interested Person Status

None ___________________________________________________________________

Officer’s Report

- 1. THE APPLICATION SITE

• 1.1. The application site relates to a detached stone dwellinghouse, Ballaterson West, on the A15 road south of Port e Vullen.
• 1.2. The building is set in from the road and amongst agricultural buildings. There are no immediate neighbours.

- 2. THE PROPOSAL

• 2.1. Planning approval is sought for the installation of a replacement window at 3rd floor level within a gable end. The window has a curved top and fan detail within the curve.
• 2.2. It is proposed to replace the existing metal frame with UPVC.
• 3. PLANNING HISTORY

• 3.1. None
• 4. PLANNING POLICY

• 4.1. The site is not a Registered Building nor is it within the setting of one, and it is not within a flood zone.

• 4.2. The site is within the Maughold Conservation Area, and on the Isle of Man Development Plan Map 1982 shows the site being on land designated as follows, 'Nature Conservation Zone, Nature reserves & Sites of Ecological Importance for Conservation', and 'Areas of Owned by the 'Manx Museum & National Trust'.
• 4.3. There is an ongoing Public Inquiry into the proposed Draft Area Plan for the North and West however, it must be noted at the time of writing, the draft area plan for the North and West is not yet adopted. The proposals can still be challenged at the public enquiry where an inspector could reach a different opinion to the drafts. The final draft would also need to be ratified by COMIN. This means that at the time of writing this report the adopted 1982 Development Plan remains the correct land use designation for this site and no material weight is given to the Draft Area Plan for the North and West.
• 4.4. Given the above designations the following Policies of the Isle of Man Strategic Plan 2016 are considered most pertinent to the assessment of this planning application.
• 4.5. Environment Policy 35 and Planning Policy Statement 1/01 require development to preserve or enhance the character or appearance of the area and to take into account the special character of the area.
• 4.6. General Policy 2 of the Strategic Plan requires 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 meets the relevant criteria within the Policy, these are considered to be as follows.

• (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; and (g) does not affect adversely the amenity of local residents or the character of the locality.

• 4.7. Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings.

• 5. Other Material Considerations

• 5.1. Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".

• 5.2. Planning Policy Statement 1/01 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.
• 5.3. Planning Circular 1/98; The alteration and replacement of windows, the policy for 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 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'.
• 5.4. The Residential Design Guide provides guidance on all aspects of design including architectural guidance to ensure retention of the existing character of a building that includes attention to detail of scale, position, symmetry, glazing, materials and texture, and consideration of the impacts upon residential amenity.

- 6. REPRESENTATIONS

• 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.

• 6.2. Highways Services - no interest. (14.06.2024)
• 6.3. Garff Commissioners - although consulted on the 10.06.2024, 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.
• 6.4. Manx National Heritage - although consulted on the 10.06.2024, 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.
• 6.5. Registered Buildings - although consulted on the 10.06.2024, 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.

- 7. ASSESSMENT

• 7.1. Principle

• 7.1.1. There is a general presumption in favour of alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan, where such works would not have an adverse impact on either adjacent properties or the surrounding area in general.
• 7.1.2. Given the land designations, in accordance with Section 18(4) of the Town and Country Act (1999) special attention is given to assessing whether the proposal preserves and or enhances the Conservation Area. As part of that assessment Planning Circular 1/98 and Planning Policy Statement 1/01 are applicable, as are the aforementioned Policies.

• 7.1.3. Therefore the main considerations are whether the proposal at least preserves the character of the dwellinghouse and as such the Conservation Area, anything less is unacceptable.
• 7.2. The existing fenestration of the window proposed replaced is that of a tall 4 pane sash with a curved fixed window above containing sun shape detail, half circle and sections out to the edges of the arched top.
• 7.3. The proposed replacement fenestration is to be in UPVC, sash window with an arched window above however the detail less than exists. Therefore the question was asked whether the detail could be improved upon.
• 7.4. In addition the written detail on the proposed plan stated that the window would be Rosewood which was considered out of character when the other three 4 paned windows were in white. Therefore this was also queried.
• 7.5. In response the applicant submitted a new scheme and statement confirming that the finished window would replicate the appearance of the existing arch topped window with fan light detail. As a result the scheme accords with policy.

- 8. CONCLUSION

• 8.1. The amended proposal is considered to be acceptable in respect of design and visual impact upon the character of the property.

• 8.1.1. For the above reasons the proposal is considered to accord with the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
• 9. INTERESTED PERSON STATUS

• 9.1. By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• a) the applicant (including an agent acting on their behalf);
• b) any Government Department that has made written representations that the Department considers material;
• c) the Highways Division of the Department of Infrastructure;
• d) Manx National Heritage where it has made written representations that the Department considers material;
• e) Manx Utilities where it has made written representations that the Department considers material;
• f) the local authority in whose district the land the subject of the application is situated; and
• g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 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 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 and/or rights to appeal.

Decision Made : Permitted Date: 01.10.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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