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Application No.: 15/00194/B Applicant: Mrs Ann Copley Proposal: Installation of replacement windows Site Address: Flat 8 Athol Buildings Derby Road Peel Isle Of Man IM5 1HH Case Officer : Miss Melissa McKnight Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Flat 8, Athol Buildings, a second floor flat within a three storey building, with roof accommodation located on a corner plot on the eastern side of Atholl Place in Peel. To the south/south east of the site is Derby Road, to the north/north east is Christian Street and to the west is Atholl Place. The application site is within the Ballaquayle Road Conservation Area.
2.0 THE PROPOSAL - 2.1 The planning application seeks the approval for the replacement of the existing windows on the north and eastern elevation with new UPVC framed windows that would replicate the style of the existing windows and opening method.
3.0 PLANNING HISTORY - 3.1 Planning approval was granted in 2005 under PA 05/01668/B for the installation of UPVC windows in replace of existing wooden windows. This previous planning application was approved and granted was the installation of PVC sliding sash format to the 'original' part of the building onto Atholl Place continuing for 3 bays up Christian Street and 3 bays up Derby Road, four larger format windows fronting directly onto Atholl Place should be paired up sliding sashes, the 2 bays of the windows on the newer extension on Christian Street and 3 bays on Derby Road should be a 'half and half' PVC casement format. It should also be noted that this approval only related to all windows to the First and Second Floor of the above and did not therefore include the Ground Floor.
4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is in area zoned as Mixed Use under the Peel Local Plan Order 1989. As previously mentioned, the application site is within Peel Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:
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:
Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would reserve 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."
4.3 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.
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."
5.0 REPRESENTATIONS - 5.1 Peel Town Commissioners have recommended the planning application be approved.
6.0 ASSESSMENT - 6.1 Given that the application site is within a Conservation Area, it is relevant to assess the impacts of the proposal on the existing appearance of the building and character and quality of the Conservation Area. - 6.2 Environment Policy 35 states that development within a Conservation Area will only be permitted if the development would preserve or enhance the character or appearance of the area. Therefore it is imperative that the proposed new windows are an improvement over the existing or at least preserve the character and quality of the area as well as the building itself. Planning Circular 1/98 - The Alteration and Replacement of Windows sets out the policy in respect of the alteration or replacement of windows. Part 6 Category b of this planning circular specifically deals with buildings within Conservation Areas. This states that replacement windows must have the same method of opening as the originals. - 6.3 The existing windows are not the originals; as the new proposed windows are to replicate the appearance and opening method of the existing windows, it is deemed that the proposed windows would preserve the appearance of the building and the quality of Peel Conservation Area.
7.1 Overall, it is concluded that the proposal accords with the provisions set out in General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98 and as such it is recommended that the planning application be approved.
8.0 PARTY STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.
Recommendation Recommended Decision: Permitted Date of Recommendation:
27.03.2015
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
This approval relates to PAGE REF 1, 2, 3 and 4 all date stamped as received 23rd February 2015.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 30.03.2015 Determining officer (delete as appropriate)
Signed :…………M GALLAGHER Michael Gallagher Director of Planning and Building Control
Signed :…………………………………….. Jennifer Chance Head of Development Management
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