Officer Report

Application No.: 15/00338/B Applicant: Mr Terence Michael Brown Proposal: Installation of replacement windows and doors Site Address: Isabella Cottage 24 Mines Road Laxey Isle Of Man IM4 7NH Case Officer : Mr Edmond Riley Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of Isabella Cottage, 24 Mines Road, Laxey, which is a traditional detached dwelling situated west of the highway and just beyond the Ham and Egg Terrace. It is within the Laxey Conservation Area. - 1.2 Isabella Cottage is a two-storey dwelling of a traditional Manx vernacular. Adjacent to the side (north) is an attached building that now appears to house the kitchen but would almost certainly at one point have been a garage. The dwelling also has a porch, and while the main dwelling has sliding sash windows, the porch and kitchen windows are casement opening. There is a variety of door materials and styles, none of which appear to be original to the dwelling.

2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the replacement windows and doors. These would be to the porch (all windows and door), kitchen (one window and one door), rear utility room (one window and one door) and rear study / bedroom (one pair of steel French doors). - 2.2 The existing sliding sash windows, prominent within the principal elevation, would remain.

3.0 PLANNING HISTORY - 3.1 The porch was approved under PA 97/00331/B, while the rear French doors were installed under PA 93/00246/B. The existing sliding sash windows were installed under PA 07/01865/B.

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area zoned as an "Area of High Landscape Value and Scenic Significance" identified on the Laxey and Lonan Area Plan (2005), Map No. 1; it is also within the Laxey Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan, Policy L/CRB/PR/3 of the Laxey and Lonan Area Plan Order, and Planning Circular 1/98.

4.2 The relevant parts of General Policy 2 state: "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, and (g) Does not affect adversely the amenity of local residents or the character of the locality".

4.3 Environment Policy 35 reads: "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". - 4.4 Policy L/CRB/PR/3 of the Laxey and Lonan Area Plan Order reads: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the Area to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12)

(4)".

4.5 Planning Circular 1/98, with reference to 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 section as the originals.

"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 Laxey Village Commissioners objected to the scheme on 02.04.2015, on the grounds that the windows should be in keeping with the area in that they should be of a sliding sash type.

6.0 ASSESSMENT - 6.1 The principal issue relates to the potential visual impacts upon the amenities of the street scene and Conservation Area. As identified earlier, Environment Policy 35 requires consideration and this indicates that any development needs to either preserve or enhance the character or appearance of the Area. - 6.2 Generally speaking, new windows to public highway-facing elevations within Conservation Areas should be of sliding sash format. The main dwelling already has these and its visual appearance greatly benefits from them. The existing non-sliding sash units are not especially successful, but they are less visually dominant than the dwelling's main fenestration. They do not, as a whole, detract from the dwelling's appearance, which otherwise retains important architectural features appropriate to a dwelling of this style and period. It is considered that their replacement with other casement windows would preserve the appearance of the dwelling and hence the Conservation Area, and therefore to object to

• the proposal on the grounds indicated by the Commissioners would, on balance, probably not be sustainable at appeal. The information submitted by the applicants is clear that they would not be interested in installing sliding sash units.
• 6.3 The loss of timber doors to the front elevation would also be unfortunate. However, the use of composite doors has previously been judged acceptable by the Conservation team and it is considered that an alternative view on this occasion would not be appropriate. Equally, the existing front door is of an inaccurate style for such a dwelling - conversely, the four-panelled design proposed is considered to be appropriate as set out in Circular 3/91, albeit that this is not a dwelling located within the countryside.
• 6.4 To the rear, the proposed replacement windows and doors would not be visible from the public realm and therefore would not have a harmful impact on either the dwelling or Conservation Area. The replacement of the existing steel frames would be of especial benefit.

7.0 RECOMMENDATION - 7.1 For the reasons set out above, it is recommended that planning approval be issued.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

Recommendation Recommended Decision: Permitted Date of Recommendation:

08.05.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

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.

The development hereby approved relates to the following plans and information, all datestamped as having been received 27th March 2015: the Site and Location Plans, the photograph sheet, and the quote carrying the reference Q20092D.

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 : 12.05.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management