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20/00313/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00313/B Applicant : Fistard Property Investments Limited Proposal : Installation of replacement windows and shop front Site Address : 9 - 11 Duke Street Douglas Isle Of Man
Planning Officer: Mr Peiran Shen Photo Taken : 29.05.2020 Site Visit : 29.05.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.07.2020 __
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. All windows above ground floor on the elevations on Lord Street and Duke Street are to be sliding sash windows.
Reason: To avoid any ambiguity in the plan.
This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan, Planning Circular 1/98 and Planning Policy Statement 1/01.
Plans/Drawings/Information;
This approval relates to the submitted documents, location plan, products information and drawing no. 1252.w1 date-stamped as having been received on 12th March 2020. __
Interested Person Status - Additional Persons
None __
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20/00313/B Page 2 of 4
Officer’s Report
1.0 THE SITE
1.1 The application site is the commercial curtilage of 9-11 Duke Street, Douglas, a four- storey semi-detached property located at the west corner of Duke Street and Lord Street.
1.2 Duke Street is a pedestrianised street and Lord Street is a main road. On the left of the property is Water Lane. A narrow street separates the commercial property on the east side and the terraced dwellings on the west side. This lane leads to the back of the property as well as the backyards of the terraced dwellings.
1.3 The shop front on the ground floor is formed with wooden frame and single-glazed glass panels. Most other windows are sliding sash with wooden frames and a few are uPVC casement. A few of the sliding sash windows have a variety of glazing bars.
2.0 THE PROPOSAL
2.1 The current planning application seeks full approval for the installation of replacement windows and shopfront and the installation of replacement windows on the recessed rear elevation.
2.2 All windows on the Lord Street and Duke Street elevation will be replaced with slim section uPVC double glazed sliding sash units with pattern and opening method to match those existing.
2.2 All windows on the recessed rear elevation will be replaced with uPVC double glazed casement units with pattern & opening method to match the existing.
2.3 The shop front will be replaced with black colour thermally broken safety/ double glazed units with pattern and opening locations remaining as existing ones.
3.0 PLANNING HISTORY
3.1 The replacement of ground floor windows on the front elevation was refused twice as part of PA 11/00006/B (at appeal) and PA 19/01080/B.
4.0 PLANNING POLICY
4.1 In term of local policy, the site is designated as "predominantly shopping use" in the Douglas Local Plan 1998. The site is within the Athol Street and Victoria Street Conservation Area.
4.2 The Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:
4.3 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: (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; (g) does not affect adversely the amenity of local residents or the character of the locality: (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
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(n) is designed having due regard to best practice in reducing energy consumption."
4.4 Environmental 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."
4.5 It is also important to consider Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area will be a material consideration when assessing the application."
4.6 In terms of Planning Circular 1/98: The Alteration and Replacement of Windows set 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"
5.0 REPRESENTATIONS
5.1 Douglas Borough Council has not commented at the time of the report (03/07/2020).
5.2 DOI Highway Services does not oppose but has some advice to the applicant in this application (23/03/2020).
6.0 ASSESSMENT
6.1 The key issue to consider in the assessment of this application is whether the replacement windows would meet the test set out in Environment Policy 35 and other policies mentioned above in either preserving or enhancing the Conservation Area.
6.2 The replacement windows will all be similar on size and appearance. It will also keep the existing format (sliding sash on two streets and casement at the rear). This will preserve the street-scene as the replacements are looking similar to the existing windows.
6.3 While the Planning Circular 1/98 states replacement windows should be a replica of the original windows in design as much as possible, the main focus can be summarized into three points: O windows visible from a public highway have higher priorities than other windows; O opening method of a window is more important than other design features; O patterns and frame are less important if not visible;
6.4 The property is highly visible by the public and is a focal point of the streets, as it is an end-terrace property and at the junction of two roads with high traffic volume. Keeping the sliding sash format for elevation on both streets is very import to the preservation of the character of the Conservation Area. Although uPVC frame would not appeal the same texture as timber, the keeping of the form is important enough to overlook the difference created by materials.
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6.5 The shop front will be replaced with aluminium framed double-glazed windows. Aluminium, although not being timber is a much better option than uPVC. It would give a metal texture for the outlook, unlike the inevitable modern appearance uPVC gives out. So the change in material is considered acceptable in term of impact on the appearance of the property.
6.5 The windows on the recessed rear elevation are casement windows at the moment. The replacement keeps the casement format. Since the alley is not often used by the public and public vantage points are limited as the elevation is recessed. There is no harm to the character of the area and therefore the character is preserved.
7.0 CONCLUSION
7.1 For the above reasons the application is considered to comply with General Policy 2, Environment Policy 35, Planning Policy Statement 1/01 and Policy 1/98. It is considered acceptable and is recommended for approval.
8.0 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 which 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.
Decision Made : Permitted
Date: 07.07.2020
Determining officer Signed : S CORLETT Sarah Corlett
Principal Planner
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