DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01178/B Applicant: C & J Investments Limited Proposal: Installation of replacement windows and front door Site Address: St Patrick's House 4 Patrick Street Peel Isle Of Man IM5 1AZ Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.02.2023

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.

• C 2. The replacement sliding sash windows are to feature run through sash horns.

Reason: To preserve the character of the Proposed Conservation Area within which the property sits

This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 6th September 2022;

• o Site Plan
• o Location Plan
• o Detail of proposed door

This decision also related to Revised Elevations and Window details received on the 26th January 2023.

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of St Patrick's House, 4 Patrick Street which is a three storey property from Patrick Street and a four storey property from Lake Lane, which is situated to the West of Patrick Street. THE PROPOSAL - 2.1 The current planning application seeks approval for the replacement of the windows with like for like replacements in uPVC without the glazing bars. PLANNING HISTORY - 3.1 The previous applications on the site are not relevant in this assessment. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" under the Peel Local Plan 1989. The site isn't within a Flood Risk Zone but is within a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. - 4.3 Also relevant is Planning Circular 1/98 which provides guidance on the replacement of windows and in Conservation Areas states that whatever the frame material, the method of opening on windows visible by the public must replicate the original.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "- After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that highway licences may be necessary for the placing of equipment and / or materials in the highway during works." (27.09.22) - 5.3 No comments have been received from Peel Commissioners at the time of writing this report.

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test
• - character and appearance (GP2, b,c)

- 6.2 SECTION 18(4) TEST

• 6.2.1 Due to the proposed works being in a Conservation Area 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 preserve or enhance the Conservation Area.
• 6.2.2 The proposed works are to replace the existing windows with uPVC sliding sash windows, without the glazing bar and for the installation of a new front door.

• 6.2.3 Overall the proposed works will pass the Section 18(4) test by preserving the Conservation Area.

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 The windows policy states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows are recognised as an acceptable alternative to timber. The proposal is for a like for like change, with the removal of the glazing bar as such all the openings are the same as what is currently installed.
• 6.3.2 The proposed door alteration, is an acceptable alteration for the Conservation Area, as such the proposal is deemed acceptable in accordance with the policies that seek to preserve the character and appearance of the property and is not considered to have an adverse impact on the character or appearance of the Conservation Area.

CONCLUSION

7.1 The proposed windows and front door are acceptable in terms of their form and design which preserves the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department
• of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

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: 17.02.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.