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Application No.: 25/90596/B Applicant: Mr & Mrs John and Silke Murphy Proposal: Installation of replacement rear windows and front door Site Address: 40 Glenfaba Road Peel Isle Of Man IM5 1BX Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 04.07.2025 _________________________________________________________________
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.
The proposal would preserve the character of the property and so preserve the character of the Conservation Area meeting the Statutory test of Section 18(4) of the Town and Country Planning Act (1999). The proposal accords with Planning Policy Statement 1/01, Planning Circular 1/98, Strategic Policy 3 and 4, General Policy 2 and Environment Policy 35 and 42 of the Isle of Man Strategic Plan 2016, and the Design Guide.
Plans/Drawings/Information; This decision relates to the following plans and detail received on the 20th of January 2025.
_________________________________________________________________ Right to Appeal none
1.0 THE SITE - 1.1 The site is the residential curtilage of no.40 Glenfaba Road. The property is a two storey terraced dwellinghouse fronting onto Glenfaba Road in Peel. - 1.2 Dwellinghouses in this location of Glenfaba Road are of a similar scale and design with inset doors with a small window above and mouldings around the door and; The windows are angular with 50/50 split and vertical mid-bar and; The painted rendered facades.
2.0 THE PROPOSAL - 2.1 The application seeks approval to replace a front entrance door, replace windows and repaint the façade of the building. In support of the proposal the applicant has submitted the following;
2.2 In respect of the door, the existing white uPVC door is split 50/50 solid surface and glass, the upper half being one large pane of glass. The proposed door is the same except that the single pane of glass would have vertical and horizontal bars to create a 6 pane visual and it would be in the colour of 'Chartwell' (green). - 2.3 In respect of the windows, windows no.1, 2 and 4 on the schedule are 50/50 split top openers. These are proposed replaced with 50/50 split sliding sash to match the front windows. Window no.3 has a mid-vertical bar with a side opener and this is proposed replaced with the same detail and opening. - 2.4 In respect of the façade, at present the front elevation is painted smooth render in two tone colours that could be described as sand and terracotta. The proposed colour is pale yellow and 'Chartwell' (green).
3.0 PLANNING HISTORY - 3.1 Other planning history exists for the site however the one below is the only one considered materially relevant in the assessment of this application. 09/00275/B - Installation of replacement windows. Permitted.
4.2 The site is not a Registered Building nor is it within the setting of one. - 4.3 Strategic Policy
4.4 Strategic Policy 3 and Environment Policy 42 focus on the visual design of development and its impact upon the character and identity of its immediate locality. - 4.5 Strategic Policy 4 states that development must protect or enhance the fabric and landscape quality of a Conservation Area.
4.6 General Policy 2 states that development that is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of the Strategic Plan will normally be permitted, provided that the development accords with the criteria of the Policy. In this case the following criteria are considered relevant (b) (c) and (g);
4.7 Environment Policy 34 states that in the maintenance, alteration or extension of pre1920 buildings, the use of traditional materials will be preferred. - 4.8 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 in any decision, the special character of the area.
5.1 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.
5.2 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." - 5.3 Residential Design Guide (2021) Chapter 5 Architecture details and 5.2 Doors. - 5.4 Legislation: 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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
objections.
7.1 Taking account of the above observations the key consideration in deciding if the proposal is acceptable is whether the proposals would preserve or enhance the character of the building and therefore the Conservation Area.
7.2 The Statutory Test for development within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999), requires that special attention is paid to the preservation or enhancement of a Conservation Area.
7.3 Turning to the Strategic Plan and Policies;
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal
(i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make
comments in a professional capacity they cannot be given the Right to Appeal.
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: 08.07.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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