Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91106/B Applicant: Ms Sharon Lamb Proposal: Installation of replacement windows and door Site Address: Ronans Cottage How Road Cregneash Isle Of Man IM9 5PS 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 detail, plans and drawings received on the 7th of October 2024 unless otherwise stated;

• o Location Plan
• o Proposed window design
• o Proposed elevation montage
• o Viking Glazing Ltd Quote dated 06.09.2024

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

Officer’s Report

- 1. THE SITE

• 1.1. The site is within the curtilage of the semi-detached dwellinghouse known as Ronans Cottage in Cregneash village.
• 1.2. The external finishes of the property are slate, rough render and stone. Due to the topography of the land which slopes away from the road, the rear elevation first floor appears prominent along with the west gable from the main road passing Cregneash, Howe Road (A31). The two storey element of the property faces into the village.
• 1.3. There is one small non-opening window visible on the rear elevation and another small window below road level and hidden from view. There are no windows in the gable. All existing windows are timber. With the exception of the small rear elevation window and the patio doors, the windows are mock sash top openers with horns painted or stained brown.
• 1.4. The site is within a group of three properties, a detached and the pair of semis, bound by the A31 (Howe Road) along the northeast side and two access roads in and out of Cregneash on the southeast and southwest side of the 'triangular' style shape, 'irregular quadrilateral', piece of land. The property is separated from the roads to the south by a large area of 'garden'.

- 2. THE PROPOSAL

• 2.1. Planning approval is sought for the installation of replacement windows, and a front door.
• 2.2. The applicant states that the property has been empty for seven years and all the windows and doors have become rotten. The proposal is to remove the existing windows and replace with upvc windows in white. The design of the windows has been chosen to sympathetically represent that which exists. The modern casement windows are considered to provide better resistance to extreme weather conditions in this elevated coastal and improve thermal energy quality within the property.
• 2.3. The specific details of the replacements are as follows.
• 2.4. The existing windows and door are timber and the proposal is to replace them with UPVC as follows.

• o Front elevation - all windows UPVC mock sash top openers with horns in white.
• o Front door - UPVC single door in white. The submitted proposed elevation montage shows that all windows retain the same method of
• opening. The small rear elevation window will be none opening. The patio style entrance door is replaced with a standard single opening door.

• 3. PLANNING POLICY Site Specific

• 3.1. The application site is within Cregneash which is part of the Meayll Peninsula. In terms of local plan policy, the application site is in area designated as a proposed Conservation Area on the Area Plan for the South, Proposals Map3. On inset May 7, Port Erin/Port St Mary/ Ballafesson, Cregneash is shown but with no other designations.

• 3.1.1. Although full weight is not given to a proposed Conservation Area status, it is a material consideration.
• 3.2. The site is not within a flood zone, nor does the site impact upon a Registered Building or protected tree. Strategic Plan
• 3.3. 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. 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:

• (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;

• 3.5. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• 3.6. 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. 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 proposed Conservation Area, the above requirements a material consideration 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 o None.
• 6. REPRESENTATIONS

• 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. Local authority

• o Arbory and Rushen Parish District Commissioners - No objection 19.10.24 Statutory Bodies
• o Manx National Heritage - although consulted on the 07.10.2024, 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 Highways - No interest (14.10.2024).
• o Registered Buildings - although consulted on the 07.10.2024, 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. The site is residential and relates to replacement windows and doors which are generally acceptable within a domestic setting. The area is not within a Conservation Area however the area is under consideration to be adopted as a Conservation Area. Therefore it is important to reflect on whether the proposal would result in the building being excluded from the proposed Conservation Area or harm the proposed designation in general.

• 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 proposed Conservation Area
• o Design

• 7.3. Impact upon the Conservation Area

• 7.3.1. The existing windows are timber casement mock sash painted or stained brown and the proposal is to replace these with UPVC in white.
• 7.3.2. 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.
• 7.3.3. Because of the construction of UPVC windows the new windows would have wider vertical and horizontal bars to that which exists and some harm is caused to the visual character of the property. This would likely be more noticeable in white however there is no present nor proposed requirement restricting the painting of the existing windows or door white.
• 7.3.4. The front elevation comprises the most openings and this is not visible passing through Cregneash on the A31. The small rear elevation window is barely observed on account of other neightouring built features and the general nature of the road.
• 7.3.5. Impacts upon a Conservation Area are not confined to the visual. Even though the existing windows will not be the original, the loss of the timber windows is regretable, and timber sliding sash would be preferred. Therefore there will be some harm to the character of the the property within Cregneash. Views of the front elevation are most prominent when leaving the centre Cregneash and these views are separated by the extensive 'garden' area; As such the façade does not dominate the streetscene.
• 7.3.6. The site is not within an adopted Conservation Area, therefore less weight is given in applying the Statutory test. However, with the test in mind, because the windows retain the same fenestration and method of opening, it is considered that the replacement would preserve the character and therfore not result in the building having to be excluded from the proposed Conservation Area, nor would it result in the adoption failing.

• 7.4. Design

• 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.
• 7.4.3. The replacement windows are proposed in UPVC but have the same openings therefore they acceptable.
• 7.4.4. The replacement door is of a similar design and is acceptable.
• 7.4.5. In addition the replacements are proposed to improve the energy efficiency of the property.

- 8. CONCLUSION

• 8.1. The proposal is considered to be less than significant and acceptable in respect of design and visual impact upon the character of the property and the wider proposed Conservation Area.

• 8.2. For the above reasons 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: 07.11.2024 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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