Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91299/B Applicant: Mr & Mrs Charles and Sinead Esdaile Proposal: Installation of replacement windows and doors Site Address: Home Cottage 11 Beach Street Peel Isle Of Man IM5 1NJ Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.04.2025 _________________________________________________________________

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 doors, the Conservation Area shall be preserved and enhanced through the reintroduction of sash windows in prominent locations. The proposal accords with Planning Policy Statement 1/01, Planning Circular 1/98, General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and the Design Guide.

Plans/Drawings/Information; This decision relates to the following Plans, drawings and detail received on the dates shown.

• o Location Plan (15.11.2024)
• o Proposed front door detail (10.12.2024)
• o Proposed window and rear door detail (10.12.2024) _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: o Highways Services - No objection

Officer’s Report

- 1. THE SITE

• 1.1. The application site relates to the curtilage of no.11 Beech Street in Peel. The terraced dwellinghouse fronts onto the junction of Beech Street, Factory Lane and Strand Street, as such the property is prominent in the streetscene.
• 1.2. The terraced dwelling is a traditional double fronted two storey cottage. The dwelling protrudes slightly from the façade of the adjacent two storey dwelling on one side and the four storey dwelling on the other side. The façade is painted however the quoins around all openings and corners of the dwelling are clearly visible. The existing doors and windows are timber. The windows are top openers with vertical and horizontal bar detail.
• 1.3. In respect of fenestration, there is an overriding character of sash 50/50 ratio with a mix in density of vertical and horizontal bars.

- 2. THE PROPOSAL

• 2.1. Planning approval is sought for the installation of replacement windows and doors on the front and rear elevations of the dwelling.
• 2.2. In support of the proposal the application is supported by the following.

• o Location Plan
• o Proposed front door detail
• o Proposed window detail which includes sliding sash with vertical and horizontal bars, and the rear door.
• o Photographs numbered 1 to 4
• o Covering letter explaining that the existing windows were replaced by a previous owner.

• 3. PLANNING POLICY Site Specific

• 3.1. The site is not within a flood zone, nor does the site impact upon a Registered Building or protected tree.

• 3.2. The application site is located within the Peel Conservation Area.
• 3.3. The site is designated on the Peel Local Plan 1989 as "Mixed Use". In the Draft Area Plan for the North and West, on Proposals Map 6, 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 and the proposal is waiting for Tynwald approval. Therefore at this stage the Peel Local Plan Order 1989 remains the correct land use designation and no material weight is given to the draft area plan for the North and West.
• 3.4. 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: Strategic Policy
• 3.5. Given the above findings, the following Policies from the Isle of Man Strategic Plan 2016 are considered to be relevant in the assessment of the proposal.
• 3.6. 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.

• 3.7. Strategic Policy 4 states that development must protect or enhance the fabric and landscape quality of a Conservation Area.
• 3.8. General Policy 2 states that development which 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);

• (b) respects the site and surroundings in terms of the design.
• (c) does not affect adversely the character of the surrounding landscape or townscape; and (g) does not affect adversely the amenity of local residents or the character of the locality.

• 3.9. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• 3.10. 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.

- 4. OTHER MATERIAL MATTERS

• 4.1. 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.

• 4.2. Planning Circular 1/98 - The Alteration and Replacement of Windows Set states: Category b) Buildings in a Conservation Area "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 originals, but not necessarily the original method of opening, whatever the material used in the construction."

• 4.3. Residential Design Guide (July 2021), Chapter 5 Architectural Details, 5.2 Windows and Doors.
• 4.4. 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.
• 5. PLANNING HISTORY

• 5.1. 93/01024/B Internal alterations and provision of additional windows. Permitted.
• 6. REPRESENTATIONS

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

6.2 Local authority

• o Peel Town Commissioners - although consulted on the 08.01.2025, 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.

6.3 Statutory Bodies

• o Manx National Heritage - although consulted on the 08.01.2025, 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 (14.01.2025).
• o Registered Buildings - although consulted on the 08.01.2025, 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.

• Manx Utilities - although consulted on the 08.01.2025, 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 Taking account of the above observations the key consideration in deciding if the proposal is acceptable, the assessment is whether the design of the replacement door would preserve or enhance the character of the building and therefore the Conservation Area.

7.2 In respect of the doors, both are timber. The rear door is not visible in views into and out of the Conservation Area and as such the design of that door would not harm the Conservation Area. The existing painted timber door comprises a window in the upper section as does the proposed door. The main difference is the material change from timber to composite. Loss of the timber is disappointing however composite has become acceptable within the Conservation Area and the design replicates as much as possible the design of the existing door. - 7.3 In respect of the windows, the timber top opening casement windows on the front elevation are proposed replaced with uPVC sliding sash windows that replicate the design of the casement windows with vertical and horizontal bars. Loss of the timber is disappointing however composite has become acceptable within the Conservation Area. Despite being uPVC, the proposed sliding sash windows are considered an improvement on casement top openers and therefore an enhancement to the character of the Conservation Area. Therefore the proposed windows are acceptable. - 7.4 In respect of the windows on the rear elevation, these are not in public views into or out of the Conservation Area therefore the proposed casements are acceptable. Overall the design is in keeping with rear elevation fenestration. - 7.5 Because the site is within a Conservation Area the Statutory test of Section 18(4) of the Town and Country Planning Act (1999) must be made. The test 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. - 7.6 The proposed front door would have a fairly neutral impact on the Conservation Area but removal of the casement and reintroduction of sliding sash is considered an enhancement. Therefore the proposal meets the test of preserving and enhancing the Conservation Area.

7.7 In applying the Statutory test, because the door and surround retain the same detailing, it is considered that the replacement would preserve the character. Therefore the proposal meets the Statutory test and is acceptable. - 8. CONCLUSION

• 8.1. By virtue of the replication of the existing front door and window detail the proposal would preserve the character of the dwellinghouse and the Conservation Area, the reintroduction of sash windows will enhance the Conservation Area therefore the proposal meets the Statutory test of Section 18(4) of the Town and Country Planning Act (1999).
• 8.2 The design detail preserves the existing character and preserves and enhances the character of the site and locality. Therefore 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 of the Isle of Man Strategic Plan 2016, and the Design Guide.

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 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 : 23.04.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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