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Application No.: 25/90771/B Applicant: Mrs Lorna Allix Proposal: Installation of replacement windows and door (retrospective) Site Address: Dhoon Villa Rencell Hill Laxey Isle Of Man IM4 7BJ Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.10.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. Within 2 months of the date of this decision astragal bars, vertical and horizontal, shall be attached to the external surface of the windows as per the original pattern within the front elevation at ground and first floor level. The detail shall be maintained and retained hereinafter.
Reason: To be clear and to protect the character of the dwellinghouse within the Conservation Area.
Having applied the Statutory Test of Section 18(4) of the Town and Country Planning Act (1999) the proposal would overall preserve the Conservation Area. The proposal accords with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and the Residential Design Guide (2021).
This decision relates to the submitted written details and drawings received on the date shown below;
_________________________________________________________________ Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because the address is not within 20m of the site.
1.0 THE SITE - 1.1 The site relates to the curtilage of a detached dwellinghouse knowns as Dhoon Villa on Rencell Hill in the village of Laxey. The property appearance is that of a traditional double fronted two storey house with tall chimney stacks and pots within each gable end; Painted rendered walls and slate roof. - 1.2 The windows on the front elevation are of a 50/50 proportion sash; the first floor windows being the only readily visible windows. There exists a small dual pitch roof above the front door. - 1.3 The property is located high above street level, set back from the Rencell Hill junction with the A2 main road and its staggered junction with Lower Rencell road. The boundary treatment includes mature vegetation.
2.0 THE PROPOSAL - 2.1 Retention of replacement windows and front door is sought. Replacement windows and the front door have taken place over several years. The application is supported by a statement that includes photographs and notable dates of 2011, 2021 and 2023 during which windows and the door were replaced after approved changes; noted at paragraph 5.0.
3.0 PLANNING POLICY - 3.1 The site lies within an area designated as Predominantly Residential on the Area Plan for the East Proposals Map 7 which is within the Laxey Conservation Area.
3.2 As a result of the above, the following documents, legislation and Policies from the Isle of Man Strategic Plan 2016 are considered most relevant in the determination of this application.
4.1 Design Guide (2021), Section 5 (Architectural Details), 5.2 (Windows and Doors).
4.2 Development in Conservation Areas must take into consideration the following.
5.1 03/00821/B Installation of wooden sliding sash windows to replace existing. Permitted. 5.2 02/01215/B Installation of uPVC windows to replace existing. Permitted. - 6.0 REPRESENTATIONS 6.1 Local Authority
6.3 Residents' submission:
7.1 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.
7.2 The first floor windows are the prominent feature of the building within the streetscene in this area of the Conservation Area. The other character features are either not visible or less visible because of the orientation of the road and buildings and the topography. As such the building does not play a prominent part to the character of the Conservation Area. - 7.3 Impact of proposal: The replacement uPVC windows replicate the original fenestration ratio of 50/50 and are black as were the original windows. However as a result of astragal bars being attached to the inside of the glass instead of the outside, the multi-pane character has been removed. Therefore the replacement windows have caused harm to the character of the dwellinghouse and the Conservation Area.
7.4 Statutory assessment and planning balance: The replacement windows have retained the 50/50 ratio. The first floor windows on the principal elevation are the only visible fenestration feature of the property within the Conservation Area. Due to the location the property is not readily observed whilst exploring this area on the edge of the Conservation Area.
8.1 Taking account of Section 18(4) of the Town and Country Act (1999), Planning Policy Statement 1/01 and Planning Circular 1/98 with the addition of the external astragal bars on the front elevation the proposal adequately maintains the character of the building in this location of the Conservation Area.
8.2 Overall it is considered that the windows do not cause a level of harm that would warrant refusal. The windows meet the aims and objectives of General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide
(2021).
8.3 For the reasons given above this application is recommended for approval. - 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:
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 the Head of Development Management 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 : 09.10.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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