DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/00885/B Applicant: Mr John Wood Proposal: Installation of replacement windows, front door and rear patio door Site Address: 12 Orry Lane Peel Isle Of Man IM5 1NN Planning Officer: Vanessa Porter 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.

• C 2. Notwithstanding the details provided, the replacement sliding sash windows to the front elevation must have externally applied glazing bars in a size and pattern as the existing windows. Reason: in the interests of the character of the Conservation Area.
• C 3. Notwithstanding the details provided, the replacement casement window to the first floor rear elevation must have externally applied glazing bars in a size and pattern as the existing windows. Reason: in the interests of the character of the Conservation Area.

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

The proposed windows, front door and patio doors are deemed acceptable in terms of their form, mass and design which will ultimately preserve the overall Conservation Area and Streetscene, as such the proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Circular 1/98.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 29th July 2024;

• o Location Plan
• o Proposed door detail (front and patio)
• o Proposed window detail
• o Quotation
• o Photographs of the site, front, rear and patio doors and front with annotation _______________________________________________________________

Interested Person Status

None ___________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of 12 Orry Lane which is a two storey mid terrace dwelling situated to the Western side of Orry Lane. - 1.2 The existing windows and front door are timber, with the front door having been painted in a shade of light green and is a fairly traditional style with 2 no. lower panels and 3 x 3 glazing above including elongated central panes and a glazed fanlight above. All of the windows include 3 x 3 glazed panes interspersed with timber glazing bars, are top opening and painted a dark blue. The rear 2 windows also include decorative horns. THE PROPOSAL

2.1 The current planning application seeks approval for the replacement of the existing windows to both the front and rear, installation of a replacement front door and replacement patio doors to the ground floor rear elevation. The front windows are replaced with the same opening and window bar design, while the rear are to change to top opening casements. PLANNING HISTORY - 3.1 There is one previous application which is relevant to this assessment, PA23/01435/B which was for, "Replacement of windows and front door, installation of roof light (retrospective)," which was Permitted. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" on the Peel Local Plan 1989. The site is not situated within a Flood Risk Zone but is situated within a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 34 & 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.

4.3 Also relevant to the assessment of the application is General Policy 2 of the Isle of Man Strategic Plan 2016 which sets out "development control" considerations, the Residential Design Guidance 2021 and Planning Circular 1/98.

• REPRESENTATIONS
• 5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "No Highways Interest." (09.08.24) - 5.3 No comments have been received from Peel Commissioners at the time of writing this report. (30.08.24)

ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test - Character
• - Section 18(4) test - Appearance

6.2 SECTION 18(4) TEST - CHARACTER

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.

• 6.2.2 When looking at the character of the streetscene, the main impact to the streetscene would be from the works to the front elevation. The proposed windows are a like for like with a change in materials, with the proposed door being changed for a more historically accurate door. As such, with the previous application approving the windows and door in place, the proposal within this application would not alter the existing character of the Conservation Area and is deemed acceptable from this point of view.
• 6.2.3 Turning towards the rear elevation works, the patio doors are not situated within a public vantage point and as such would not alter the character of the Conservation Area. It is noted that the rear window to first floor level is situated within a public vantage point, as such confirmation was sought from the officer to request that the rear glazing bar is reinstated when the new windows are installed to comply with Planning Circular 1/98. This was confirmed by the applicant as acceptable and as such a condition should be attached to confirm this. 6.3 SECTION 18(4) TEST - APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area. Planning Circular 1/98 states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows and door are recognised as an acceptable alternative to timber, which will preserve the Conservation Area. CONCLUSION
• 7.1 It is concluded that the proposal complies with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, Planning Circular 1/98 and Planning Policy Statement 1/01. Although the frame materials are not traditional, as required by Environment Policy 34, they are considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area. INTERESTED PERSON STATUS

8.1 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: 11.09.2024 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.