DEC Officer Report

Application No.: 24/00756/B Applicant: Miss Carolyn Hastings Proposal: Installation of replacement windows Site Address: Croit Kilvine Rencell Laxey Isle Of Man IM4 7BN Planning Officer: Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 23.09.2024 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R. The proposed windows neither preserve nor enhance the character and appearance of the existing property located within a Conservation Area. As such, the proposal is inappropriate and will negatively impact the Conservation Area, contrary to Section 18(4) of the Town and Country Act (1999), Environment Policy 35 and Strategic Policy 4 of the Isle of Man Strategic Plan, as the proposal neglects the general standards towards replacement windows as set out in Planning Circular 1/98.

_______________________________________________________________ Interested Person Status

None ___________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Croit Kilvine, Rencell, Laxey which is a traditional Manx cottage situated to the upper half of Upper Rencell Hill. Due to the topography of the site, the property is only shown as one and a half storey from the main roadside and two storey from the North West elevation. - 1.2 The existing dwelling has five windows on its front elevation, three on the first floor and two on the ground floor, one on either side of the main entrance door. These windows are all brown sliding sash windows. With glazing bars which creates four panes for each of the windows.

1.3 To the rear elevation, there exist two windows which are similar in opening style and appearance to the windows on the front elevation, although they are smaller windows. The side elevation has three similar styled windows as those on the front, two on the first floor, and one on the ground floor.

2.0 THE PROPOSAL - 2.1. This application seeks planning approval for Installation of replacement windows, which would involve the replacement of 10 windows on three elevations of the dwelling. - 2.2. The existing brown coloured sliding sash windows on the dwelling are to be replaced with new casement windows in similar colour as the existing windows. None of the windows will have the glazing bars which exist on the current windows replicated in the new casement windows. - 2.3. The applicant states that the windows are to look like current sash windows from exterior but to operate as casement, and that the new windows would be more energy efficient

• in line with government green living grant. The plans, however, show that the glazing bars would also not be replicated, beside the change from sliding sash to casements, with the colour the only element to be replicated.

3.0 PLANNING POLICY - 3.1 Site Specific:

• 3.1.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East, Map 7 - Laxey. The property is situated within a Conservation Area but not a Flood Risk Zone. The site is also not within a Registered Tree Area, and there are no registered trees on site.

3.2 National: ISLE OF MAN STRATEGIC PLAN 2016

• 3.2.1 Relevant Strategic Plan Policies:

• a. General Policy 2 - General Development Considerations.
• b. Strategic Policies 3 and 5 - promote good design and use of local materials and character.
• c. Strategic Policy 4 - Seeks to Protect or enhance the fabric and setting of Conservation Areas (etc.).
• d. Environment Policy 34 - Preference for the use of traditional materials in the maintenance, alteration or extension of pre-1920 buildings.
• e. Environment Policy 35 - Guides development in Conservation Areas.
• f. Environment Policy 42 - new development should be designed to take into account the character and identity of the area.

3.3 TOWN AND COUNTRY PLANNING ACT 1999

• 3.3.1 S18 Designation of conservation areas

(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.

3.4 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN

• 3.4.1 POLICY CA/2 - Special Planning Considerations

3.5 Planning Circular: 1/98 THE ALTERATION AND REPLACEMENT OF WINDOWS

• 3.5.1 Category b) BUILDINGS IN CONSERVATION AREAS Policy 6: "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 originals, but not necessarily the original method of opening, whatever the material used in the construction."

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Residential Design Guide (2021)

• 4.1.1 This document provides advice on the design of new houses 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 properties and sustainable methods of construction. Section 2.0 on Sustainable Construction, 4.0 on Householder Extensions, and Section 5 on Architectural Details are considered relevant to the current application.
• 5.0 PLANNING HISTORY

5.1 The following previous application for the site are considered relevant in the assessment of this application.

• 1. PA 01/01790/B for Installation of timber sliding sash and casement windows to replace existing - Approved.
• 2. PA 21/01216/B for Replacement of existing integral garage with 2 storey extension Approved. This application sought to extend to the side of the dwelling such that the width of the front elevation would be increased, with new windows similar to the existing windows on the front elevation installed on the first floor section of the extension, while a large patio door was to be installed on the front elevation.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 DOI Highways have no interest (26 July 2024).

6.2 Garff Commissioners have stated that some Members felt that the replacement windows should be of sliding sash configuration, but the overall consensus was for the Commission not to object to the proposals (8 August 2024).

6.3 No comments have been received from neighbours. - 7.0 ASSESSMENT

7.1 The main issue to consider in the assessment of this planning application is the assessment of the proposal via the lens of the Statutory Test within Section 18(4) of the Act, as well as compliance with the Policy tests within Environment Policy 35, Strategic Policy 4

• 7.2.1 In assessing compliance with the statutory test for the application which sits in a Conservation Area, it is noted that the property currently has sliding sash windows on the three elevations for which window replacements are sought, with the proposal seeking to install new casement windows, which would also not replicate the pattern of glazing bars on the existing windows. In fact, window 1, which is a sliding sash window is to be replaced with a single pane window.

• 7.2.2 With the above in mind, it is considered that the proposal to replace the current windows with casements would be in direct contravention of Planning Circular 1/98 by not having the same method of opening as the originals or the pattern of glazing bars. These would mean that the application would not preserve or enhance the character or appearance of

the existing dwelling or character of the Conservation, and as such would be at variance with the provisions of Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Strategic Plan, by not enhancing or preserving the Conservation Area as a whole.

• 7.2.3 Granting the windows on the front elevation (east elevation) would not be readily noticeable from the main street scene along Rencell, it is considered that this element of the proposal would largely see the replacement of the existing timber sliding sash windows with glazing bars, with new UPVC casement windows without glazing bars, which would fail to conform to the guides stipulated in Planning Circular 1/98 which requires that windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction.
• 8.0 CONCLUSION

8.1 In conclusion, it is deemed that the proposed windows fails to comply with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan and neglects the general standards towards replacement windows as set out in Planning Circular 1/98. Accordingly it is recommended the application be refused. - 9.0 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. 9.2 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 : Refused Date: 01.10.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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