DEC Officer Report
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No.: 24/91013/B Applicant: Miss Amanda Milner Proposal: Installation of replacement windows and doors Site Address: 6 Charles Street Peel Isle Of Man IM5 1AF Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.09.2024 _________________________________________________________________
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 applied the Statutory Test of Section 18(4) of the Town and Country Planning Act (1999), due to the scale and design of the proposed replacement windows, and replacement door and side panels, the Conservation Area shall be preserved. Having regard to Planning Policy Statement 1/01, Planning Circular 1/98, the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016, the proposal is acceptable.
Plans/Drawings/Information;
This decision relates to the following detail, plans and drawings received on the 30th of August 2024 unless otherwise stated;
- o Location Plan
- o Site Plan
- o Window specifications _______________________________________________________________
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DoI - Highways Services - No objection ___________________________________________________________________
Officer’s Report
- 1. THE SITE
- 1.1. The site is within the curtilage of a mid-terraced dwellinghouse, no. 6 Charles Street Peel.
- 1.2. The facades of the site and within the terrace are similar to each other. Angular painted timber sash windows within stone facades. The frontages are on the roadside. Charles Street is a narrow street between Queen Streets junction with Strand Street and Market Street.
- 2. THE PROPOSAL
- 2.1. Planning approval is sought for the installation of replacement windows, and a door, the details of which are as follows.
- 2.2. The existing windows are timber and the proposal is to replace them with UPVC as follows.
- o Front elevation - all windows sliding sash designed to replicate that which exists.
- o Door designed to replicate that which exists.
- 3. PLANNING POLICY Site Specific
- 3.1. In terms of local plan policy, the application site is in area designated as 'Mixed Use' under the Peel Local Plan Order 1989. The application site is within the Peel Conservation Area.
- 3.2. On the Area Plan for the North and West, Draft Proposals Map 7, Peel Town Centre the site is in an area designated as 'Transition Zone'. It must be noted at the time of writing, that the draft area plan for the North and West is not formally adopted however the Inspector has completed the Inquiry; Therefore at this stage, the Peel Local Plan Order 1989 remain the correct land use designation and no material weight is given to the draft area plan for the North and West.
- 3.3. The site is not within a flood zone, nor does the site impact upon a protected tree. The site is within the setting of a Registered Building - listed as 5-9 Charles Street - Terrace of Dwellings - 1/1/2002. Strategic Plan
- 3.4. In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:
- 3.4.1. General Policy 2 states: "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:
- 3.4.2. Environment Policy 34 and 35 relate to conservation and state that alterations and extensions are acceptable subject to any adverse impacts.
- (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;
- (d) does not affect adversely the amenity of local residents or the character of the locality;
- 4. OTHER MATERIAL CONSIDERATIONS
- 4.1. It is also important to consider guidance and policy regarding development in Conservation Areas:
- 4.2. 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."
- 4.3. In terms of 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"
- 4.4. 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."
- 4.5. Legislation
- 4.6. 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".
- 4.7. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
- 4.8. 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 and texture.
- 5. PLANNING HISTORY
- 5.1. There have been a number of applications for the site but only those considered to be materially relevant to the determination of the proposal as submitted with this planning application are shown below.
- o 14/00977/B Install UPVC windows to replace existing on rear of property. Permitted.
- o 98/022250/B Install two roof lights. Permitted.
- 6. REPRESENTATIONS
- 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. Local authority
- o Peel Town Commissioners - although consulted on the 30.08.2024, 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. Statutory Bodies
- o Manx National Heritage - although consulted on the 30.08.2024, 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.
- o Highways - No interest (09.09.2024).
- o Registered Buildings - although consulted on the 30.08.2024, 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
- 7.1.1. The site is within an area designated as 'Mixed Use' under the Peel Local Plan Order 1989 and in the proposed Area Plan for the North and West, Draft Proposals Map 7, as an area designated as 'Predominantly Residential'. The proposed development is not contrary to either of the designations therefore the proposal accords with the area plan and in principle is acceptable. However because the site is within a Conservation Area, the primary assessment is whether the proposal would preserve or enhance the character of the overall Conservation area.
- 7.2. Therefore, taking account of the aforementioned policies and statements, the main considerations in assessing this application are considered to be as follows.
- o Impact upon the Conservation Area
- o Design
- o Impact upon residential amenity
- 7.3. Impact upon the Conservation Area
- 7.3.1. The existing windows are timber sliding sash and the proposal is to replace these with UPVC in white sliding sash to replicate the original in as much detail as possible.
- 7.3.2. The front door is proposed in a design to replicate the existing door.
- 7.3.3. Section 18(4) of the Town and Country Planning Act (1999) states, requires that special attention is paid to the preservation or enhancement of a Conservation Areas character. S.16/18 creates a presumption against approving any development which would conflict with the Act which is afforded considerable weight.
- 7.3.4. In applying the Statutory test, because the windows retain the same fenestration and method of opening it is considered that the replacement would preserve the Conservation Area. Therefore the proposal meets the Statutory test.
- 7.3.5. Whilst loss of the timber windows and door is regretable, and will have some impact on the Conservation Area, the detail of the proposed replacements will help conserve the Conservation Area.
- 7.3.6. As a result of the above observations the proposal would not adversely affect the Registered Building opposite.
- 7.4.1. In assessing the design impact, consideration is given to the aforementioned Planning Policy Statement, Circular and Strategic Policies, and the Design Guide.
- 7.4.2. Replacements are acceptable in UPVC provided that they have the same method of opening as the originals and include the same pattern and section of glazing bars as the originals. The windows and door on the front elevation are proposed retaining the character of the existing and are therefore acceptable.
- 7.5.1. No harmful impact is observed upon neighbouring residents.
- 8. CONCLUSION
- 8.1. The proposal is considered to be acceptable in respect of design and visual impact upon the character of the property and the wider Conservation Area, and the setting of the Registered Building. Furthermore no harm is observed to residential amenity. 8.2. 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 therefore acceptable.
- 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
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:
- o applicant (in all cases);
- o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
- o any other person who has made an objection that meets specified criteria.
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):
- o any appellant or potential appellant (which includes the applicant);
- o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
- o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
- o in the case of a petition, a single representative.
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: 01.10.2024
Determining Officer Signed : J SINGLETON Jason Singleton
Principal Planner
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