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Application No.: 22/00830/B Applicant: Mr & Mrs Edward & Ruth Allen Proposal: Installation of replacement windows and door to front elevation Site Address: 56 Patrick Street Peel Isle Of Man IM5 1BS Enforcement/Planning Assistant: Ms Charlotte Gatt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.12.2022
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.
The application complies with the principles of Planning Circular 1/98 and meets the tests of Section 18 of the Town and Country Planning Act 1999, Strategic policy 4 and Environment Policy 35 of the Isle of Man Strategic Plan Environment Policy 35, Strategic Policy 4 and General Policy 2 of the Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 and is therefore approved.
Plans/Drawings/Information;
This decision hereby approved relates to drawings and documents submitted to the Department titled:
All date stamped as being received by the Department on 15th June 2022. As well as: AMD Revised Window and Door Detail recorded as being electronically received on 15th September 2022. And AMD Revised Door and Side Panel Detail submitted to the department by email on 20th November 2022. _______________________________________________________________
Additional Persons
It is recommended that The Isle of Man Victorian Society should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2). _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The site is 56 Patrick Street in Peel, a mid-terrace three storey dwelling within the town's Conservation Area. The property has a pitched roof, a painted smooth render wall finish to the front elevation and chimney stacks on the party walls. The properties on the terrace are set back from the highway with front gardens enclosed by dwarf walls. - 1.2 The property's front door is painted timber in a traditional four panelled style. The door has a glazed fanlight above and solid side panels, all in painted timber. THE PROPOSAL
2.1 The proposal is to replace the existing painted timber door, side panels and fanlight with a Composite uPVC four panelled door, double glazed fanlight above and solid side panels and finished in grey anthracite. - 2.2 Also proposed is the replacement of all 7 windows to the front elevation of the property with the installation of uPVC anthracite sliding sash windows as detailed in the revised Windows and Door Detail 15th September 22. PLANNING POLICY
3.1 The site lies within an area designated on the Peel Local Plan of 1989 as Mixed Use and within the town's Conservation Area where 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. The property is not in an area at risk of flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999 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.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2 of the Strategic Plan: 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:
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings.
3.4 Planning Circular 1/98 sets out and provides guidance policies in respect of the alteration or replacement of windows in Conservation Areas and 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." PLANNING HISTORY - 4.1 Planning application 02/00496/B permitted the installation of replacement windows and door to the rear of the property. Permitted 29/07/22
REPRESENTATIONS All representations can be read in full online. This report contains summaries only.
5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (21.07.2022).
5.2 The Isle of Man Victorian Society have provided the following comments:
"We have viewed this application for a property in the Peel Conservation Area. As a consequence of being in a conservation area any alteration to a property has to either improve or enhance the property and the area. By virtue of Planning Circular 1/98 any window replacement within a conservation area can be of a different material but 'must have the same method of opening.'… Replacing the sliding sash windows on the first and second floor with top hung casement windows does not improve or enhance the property/area , in fact it does the reverse. Equally those proposals do not comply with section 6 of Planning Circular 1/98… We object to all the proposed window replacements in this property on the grounds of noncompliance with planning Circular 1/98 and the requirements relevant to Conservation Areas… With regard to the door and side light replacement ,what is described sounds as if it would be suitable and acceptable but the absence of a drawing or close up photograph of the existing it cannot be properly assessed. There is a fanlight above the existing front door but there isn't any mention of what happens to that." (24.08.22)
5.3 No comments from neighbouring properties have been received at the time of writing this report.
6.1 The issue here is whether the proposed door and windows preserve or enhances the character or appearance of the Conservation Area in which the property sits, taking into account the special character of the area.
6.2 The existing door of the property is painted timber in a traditional four panelled style. The proposed door is going to replicate the existing style in a like for like manner, but will be in a Composite UPVC material and of a different colour. The side panels and the fanlight above are also being replaced with UPVC frames, and with double glazing in the case of the fanlight. Whilst Environment Policy 34 states a preference for traditional materials in pre-1920s properties, the use of modern materials is judged to be acceptable in this instance given the property's windows have already been replaced with UPVC units, and that the proposed style is in a like for like manner. With this in mind, it is judged that the character of the Conservation Area is being protected and preserved, and that the character of the surrounding townscape is not being adversely affected.
6.3 The windows are to be uPVC and finished in an anthracite grey, so that of a dark nature similar to that of the dark blue currently installed. The windows are consistent with that of the neighbouring properties, and fitted with the same method of openings and style as the previous sliding sash timber windows. They are judged not to detract from the character of the Conservation Area. CONCLUSION - 7.1 It is concluded that the application complies with the principles of Planning Circular 1/98 and meets the tests of Section 18 of the Town and Country Planning Act 1999, Strategic policy
4 and Environment Policy 35 of the Isle of Man Strategic Plan Environment Policy 35, Strategic Policy 4 and General Policy 2 of the Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 and is therefore recommended to be approved.
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
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. Decision Made : Permitted Date: 13.12.2022 Determining officer Signed : C BALMER Chris Balmer Principal Planner
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