Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91134/B Applicant: Mr Fraser Veale Proposal: Installation of replacement windows and front door Site Address: 34 Patrick Street Peel Isle Of Man IM5 1BR Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.11.2024 _________________________________________________________________

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.

Due to the scale and design of the proposed replacement windows and door the proposal would not cause harm to the character of the dwellinghouse within the proposed Conservation Area. Having regard to Planning Policy Statement 1/01, Planning Circular 1/98, the Design Guide and General Policies 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, the proposal is acceptable.

Plans/Drawings/Information; This decision relates to the following Plans, drawings and detail received on the 10th of October 2024.

• o Location Plan
• o Site Plan
• o Proposed Door and Windows Specification by LD Glazing dated 30.09.2024
• o Site photograph with proposed replacements. _________________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Interest Local Authority - No objection raised.

Officer’s Report

- 1. THE SITE

• 1.1. The application site is within the curtilage of 34 Patrick Street, Peel, which is a midterraced property situated to the West of Patrick Street.
• 1.2. Patrick Street is characterised by terraced properties, which have a wide variety of window sets, some which have been awarded planning permission and others which haven't.
• 1.3. Properties within the immediate vicinity are of a similar design and material finish. There exists chimney stacks between the dwellinghouses that straddle the ridge of the terrace. Some dwellinghouses have front dormers of varying design. There is a mix of fenestration, some with traditional sash windows or mock sash windows / top openers and some with small top window openers; similar to a 2/3 1/3 split. Front door designs vary but for the majority there exists glass either within the door, in side panels or above the door.

- 2. THE PROPOSAL

• 2.1. Planning approval is sought for Installation of replacement of two windows on a front elevation dormer and the front door. The applicant states that all are in beyond repair and provide reduced thermal capacity.
• 2.2. The submitted photograph shows that the existing two dormer windows have small top openers. The proposal is to replace these with top openers within a 50/50 casement windows.
• 2.3. The proposed front door includes a glass panel as with the existing door.

- 3. PLANNING POLICY

• 3.1. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application: Site Specific
• 3.2. In terms of local plan policy, the application site is in area designated as 'Mixed Use' under the Peel Local Plan Order 1989. The site isn't within a Flood Risk Zone but is within a Conservation Area.
• 3.3. On the Area Plan for the North and West, Draft Proposals Map 7, Peel Town Centre the site is in an area designated as 'Predominantly Residential'. 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; The report is anticipated towards the end of September. 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.
• 3.4. The site is not within a flood zone, nor does the site impact upon a Registered Building or protected tree. Strategic Plan
• 3.5. 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:
• 3.6. General Policy 2: 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 accords with the criteria of the Policy. In this case the following criteria are considered relevant (b), (c), (g), (n);

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality; (n) is designed having due regard to best practice in reducing energy consumption.

• 3.7. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• 3.8. Environment Policy 35 states that within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area and will ensure that the special features contributing to the character and quality are protected against inappropriate development.

- 4. OTHER MATERIAL CONSIDERATIONS

• 4.1. Policy/Strategy/Guidance

4.2. It is also important to consider guidance and policy regarding development in Conservation Areas:

• 4.3. 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."
• 4.4. 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"
• 4.5. 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."

4.5.1. 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. Pitched roofs are preferred over flat roofs. In addition consideration of development impacts upon residential amenity and the use of materials.

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".

- 5. PLANNING HISTORY

• o 15/01042/B Erection of kitchen extension and installation of replacement windows to front elevation. Permitted.
• o 23/01335/B Retrospective approval for two first floor windows to the rear of the property. 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 10.10.2024, 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 10.10.2024, 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 Highway Services - No interest (18.10.2024).
• o Registered Buildings - although consulted on the 10.10.2024, 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. Principle

• 7.1.1. Householder alterations are generally acceptable as in paragraph 8.12.1 of the Strategic Plan however must be considered against any relevant policy.

• 7.1.2. Taking account of the above observations the key considerations in assessing this application are considered to be the following.

• o Impact upon the Conservation Area
• o Design

• 7.2. Impact upon the Conservation Area

• 7.2.1. 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 are recognised as an acceptable alternative to timber, which will preserve the Conservation Area
• 7.2.2. The front elevation windows are visible in the streetscene and those at ground and first floor have been changed from a 25/75 casement to a 50/50 casement. The planning application in 2023 resulted in windows on the rear being changed from 25/75 casement to 50/50 casement.
• 7.2.3. The existing windows in the dormer are 25/75 casement and are as such out of character with the other fenestration in the façade of the property. The proposal is to replace the windows with 50/50 casement top openers and this is welcomed.
• 7.2.4. 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.
• 7.2.5. In applying the Statutory test, because the windows proposed would result in the same fenestration throughout the front elevation and being 50/50, it is considered that the replacements would preserve and enhance the Conservation Area. Therefore the proposal meets the Statutory test in respect of the windows.

• 7.3. Design
• 7.4. Within the streetscene there is a mix of fenestrations, 25/75 and 50/50, some uPVC some timber. The original windows would likely have been 50/50 sliding sash timber windows. Therefore removal of a 25/75 casement window and replacing with a 50/50 casement window is seen as an improvement.
• 7.5. The design of the replacement windows takes account of the character of the building and the wider setting within the streetscene.

- 8. CONCLUSION

• 8.1. The proposed windows to the front elevation dormer are acceptable in terms of their form, mass and design which preserves the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
• 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: 15.11.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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