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18/00053/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00053/B Applicant : Mr Sam Alder Proposal : Installation of replacement windows to front elevation basement office Site Address : 22 Athol Street Douglas Isle of Man IM1 1JA
Case Officer : Mr Owen Gore Photo Taken : 22.02.2018 Site Visit : 22.02.2018 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.05.2018 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. The development, hereby approved, relates to the amended window plan, date-stamped as having been received 24 May 2018, only. Notwithstanding the submitted plan, the window shall not include window horns. The windows shall match the existing windows in terms of their method of opening, the layout of the glazing, the thickness of the glazing bars and the colour of the frames.
Reason: In the avoidance of doubt and in accordance with General Policy 2 and Environmental Policy 35 of The Isle of Man Strategic Plan 2016.
Plans/Drawings/Information:
This Planning permission relates to the following plans and documents:-
Site Location Plan Photographs Date-stamped as having been received 19 January 2018
Amended window plan (subject to condition 2) Date-stamped as having been received 24 May 2018.
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Interested Person Status - Additional Persons
It is recommended that the following persons should be given Interested Person Status on the basis that they have made written submissions, they are 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 6(4):
The Isle of Man Victorian Society __
Officer’s Report
THE SITE 1.1 The application site is on the eastern end of the street, on the northern side of the highway; the property is part of a row of large terrace buildings opposite 'The Old Courthouse'. The several properties in the row, stretching from Upper Church Street to 'Talbot Chambers', have raised doorways that are higher than the level of the footpath and steps up to them, and railings to the front where the facade continues down to the basement, each property having windows.
THE PROPOSAL 2.1 The proposal is to replace the existing, timber basement windows on the front elevation with uPVC. The existing windows have a small top-hung toplight/fanlight with a bottom heavy proportion. The proposed windows, as submitted, were turn and tilt casement windows with a 50/50 proportion and with face applied Georgian bars.
PLANNING POLICY 3.1 The site is shown on the Douglas Local Plan Order 1998 map No.1 as being within the local plan area and the property is designated within an area of Predominantly Offices. The application site is within the Athol Street/Victoria Street Conservation Area.
3.2 The Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application.
3.3 The relevant extracts from General Policy 2 state that '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; (d) does not affect adversely public views of the sea; (e) does not affect adversely the amenity of local residents or the character of the locality'.
3.4 Environment Policy 35 states: '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'.
3.5 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 reads: '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
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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 The previous planning applications are not considered to be specifically material in the assessment of the current application.
REPRESENTATIONS 5.1 Douglas Borough Council have commented on this application and stated that they do not object in the letter dated 05 February 2018.
5.2 The Isle of Man Victorian Society have commented on this application, in the memo dated 05 March 2018, stating that it is their understanding that these windows are primarily sliding sash; however they also function as an emergency exit by also opening outwards. They have requested that this be investigated and that the property should be enhanced.
5.3 Follow up comments from the Isle of Man Victorian Society, dated 28 May 2018, noted the inclusion of window horns and requested that these be excluded from the proposal via condition.
ASSESSMENT 6.1 The character appraisal for this Conservation Area notes this row and No.22 and 24 as being well preserved. There are several buildings in this row and it is understood that they all have sliding sash on the front elevation. The basement windows of the application site are for the most part of below the street level, but they are visible from the highway and the eye is drawn down to them when you walk past the building.
6.2 Following discussions with the agent, the original turn and tilt windows are no longer proposed and the applicant has agreed to install Veka white PVCu, vertical sash windows with face applied Georgian bars. The proposal included window horns, as noted by the Isle of Man Victorian Society; however these will be excluded from the approval.
CONCLUSION 7.1 The proposed works as amended would preserve the appearance of the dwelling and Conservation Area, and it is therefore concluded that the application meets General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan, and Planning Circular 1/98, and therefore the application should be approved subject to conditions.
INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
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
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o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date : 13.06.2018
Determining officer
Signed : J CHANCE
Jennifer Chance
Director of Planning and Building Control
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