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Application No.: 25/90129/B Applicant: Mrs Barbara O'Hanlon Proposal: Replacement of rear extension, installation of additional rooflight windows and new rainwater pipes to front elevation Site Address: Valhalla 8 Charles Street Peel Isle Of Man IM5 1AF Senior Planning Officer: Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.04.2025 _________________________________________________________________
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 of rear extension, installation of additional rooflight windows and new rainwater pipes, 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 drawings and supporting information submitted on 21 February 2025. _________________________________________________________________ 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
1.0 THE SITE - 1.1 The application site is the residential curtilage of Valhalla, 8 Charles Street, Peel. The property sits to the south of the highway and is a two story mid terrace dwellinghouse. The site lies within the Peel Conservation Area. - 1.2 To the rear of the property, is a single story flat roof extension that runs the width of the property and extends into the rear yard area. This extension is used as a kitchen area and gives access into the rear yard area.
2.0 THE PROPOSAL - 2.1 The application seeks planning approval for the replacement of a single story rear extension overlapping the existing footprint, with the addition of roof light windows in the new extension and new rainwater pipes to front elevation. - 2.2 Also proposed to the front elevation is the refurbishment of the existing windows, the replacement of the rain water pipes, and two new roof lights to the front roof scape. To the rear elevation would also see two new roof lights to the rear roof pitch, new double glazed casement windows to first floor.
3.0 PLANNING POLICY - 3.1 The local plan policy, designates the site as 'Mixed Use' under the Peel Local Plan 1989. As previously mentioned, the application site also lies within the Peel Conservation Area. - 3.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
General Policy 2 General Development Considerations
Environment Policy 35 Preserve or enhancement for Conservation Areas
OTHER MATERIAL PLANNING CONSIDERATIONS In terms of other material considerations it is important to consider the following guidance and policy documentation for alterations to buildings within conservation areas;
3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man;
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS 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. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
3.4 Planning Circular 1/98 provides advice on the replacement of windows and suggests in Conservation Areas the method of opening is more important than the frame material but the original method of opening should be replicated where the originals are in place. - 3.5 S18 Designation of conservation areas
(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.
3.6 Planning Circular 1/98 "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 patterns and section of glazing bars and the same frame sections as the as the original windows. - 3.7 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."
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"
4.0 PLANNING HISTORY - 4.1 None.
5.0 REPRESENTATIONS - 5.1 Peel Town Commissioners has not commented at the time of writing. - 5.2 Highways Services do not object (received 21/02/25)
6.0 ASSESSMENT The key considerations in the determination of the application are;
6.1 The property is situated within a Conservation Area, as such it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works would preserve or enhance the Conservation Area. The proposals as further assessed below will ascertain whether there is any detrimental visual impact from the replacement fenestration and replacement rear extension in a like for like manner. - 6.2 With this in mind and noting that the proposal is mainly contained to the rear elevation of an existing building, the proposals are of a scale that should not alter the wider Conservation Area as a whole, the proposal at this stage would pass the Section 18(4) test by helping to preserve the Conservation Area. PRINCIPLE - 6.3 The site sits within the main town of Peel and within a prominent street scene that is designated for mixed use. The general principle would be in accordance with SP1 and STP2. DESIGN & VISUAL IMPACT - 6.4 With regard to the replacement rear extension with roof light, the principle of a extending at the rear at single storey level is an acceptable form of development for increasing the floor area and would not be increased over and above the existing rear extension and would remain proportionate to the rear elevation and designed to serve that specific purpose for additional living accommodation.
6.5 When finished the rear extension would be considered complementary to the dwelling and helps to ensure the built form is in keeping with the character and appearance of the dwellinghouse. The replacement of the rear windows to first floor level would be a direct replacement of an existing casement window and would be acceptable. It is further noted there are no public views of the rear elevations from the streetscene. - 6.6 The works to the front elevation would be considered appropriate to the existing property and would be considered in keeping with those other residential properties surrounding the application site and deemed acceptable in this instance in accordance. The scope of works would be seen to be in accordance with General Policy 2 and would be in keeping with the special character of the conservation area in accordance with Ep35 and Sp4(a). CONSERVATION AREA - 6.7 With regard to any adverse impact upon the existing conservation area the character of the street scene, the majority of the works are noted to the rear elevation and would not be contentious as the proposals are in a manner similar to the existing built form, fenestration and finish. The proposals here would not be out of character and would have a neutral impact upon the conservation area helping to preserve the overall appearance of the street scene in accordance with EP35.
7.0 CONCLUSION - 7.1 For the above reasons, the application is recommended for approval as it is concluded that the replacement rear extension with roof light would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, planning Circular 1/98 and Policy Statement 101. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 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). - 8.2 Article A10 sets out that the right to appeal is available to:
8.3 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. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
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: 03.04.2025 Determining Officer Signed : C BALMER Chris Balmer Principal Planner
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