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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/00497/B Applicant : Jessops (Jessop Accounts Limited) Proposal : Alterations and installation of replacement windows to front elevation Site Address : 44 Athol Street Douglas Isle Of Man IM1 1JB

Senior Planning Officer: Mr Jason Singleton Photo Taken : 10.07.2020 Site Visit : 10.07.2020 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 21.07.2020 __

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.

This application has been recommended for approval for the following reason. This planning application is recommended for approval as it is concluded the replacement windows would comply with General Policy 2 and Environmental Policy 35 of the Isle of Man Strategic Plan 2016, and sccords with guidance and policy documentation; Planning Circular 1/98 and Policy Statement 101.

Plans/Drawings/Information;

This approval relates to drawings referenced; P-01 date stamped received on 14 May 2020. __

Interested Person Status - Additional Persons

It is recommended that the following organisation 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 6(4):

The Isle of Man Victorian Society as they do not own or occupy property that is within 20m of the application site, in accordance with paragraph 2B of the Policy and they have not explained

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how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status (January 2020). __

Officer’s Report

1.0 THE SITE 1.1 The application site is the curtilage of Number 44 Athol Street, a three storey mid- terraced building sited on the north western side of the Highway. The building sits within the Athol Street/Victoria Street Conservation Area. Within the street scene, each of the buildings features a degree of individuality and character which distinguished them from the neighbours but the common theme amongst many of the buildings are the use of white Upvc, sliding sash portrait shaped windows.

1.2 The building is characterised with a prominent timber frame Oriel bay window with a flat roof projecting out over the footpath. The window configuration is in a two over two split with central mullions and top hinged window openings.

1.3 The first and second floors feature two portrait shaped reveals with white timber framed sliding sash windows with Georgian glazing bars in a three over two pattern. The front elevation has a painted render finish with ashlar markings and a horizontal ornamental moulding between the first and second floor.

2.0 THE PROPOSAL 2.1 Proposed are a series of works to the front elevation to replace the windows to the first and second floor with white, Upvc double glazed sliding sash windows.

2.2 On the ground floor, the replacement of the Oriel bay windows with UPVC sliding sash windows to the sides of the bay and fixed glazed panels to the centre panels. All proposed windows are to be double glazed to help with the energy efficiency of the building.

2.3 The existing timber frame fascia and panelling are to be painted to match the colour of the building walls (white). The proposals also include the installation of ornamental dentil mouldings to the fascia board of the bay window at the underside of the existing guttering to break up the massing of the fascia.

3.0 PLANNING POLICY 3.1 The local plan policy, designates the site as 'Predominantly Offices' under the Douglas Local Plan Order 1998 Map No. 1 (Central Area). The application site is also within the Athol Street/Victoria Street Conservation Area designated in 2007.

3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application,

3.3 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."

3.4 General Policy 2 states:

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"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;

3.5 In terms of other material considerations it is important to consider the following guidance and policy documentation for alterations to buildings within conservation areas;

3.6 Planning Circular 1/98 "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 patterns and section of glazing bars and the same frame sections as the as the original windows.

3.7 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."

Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction"

4.0 PLANNING HISTORY 4.1 84/00420/B - Alterations to front elevation including installation of new windows and door, 44 Athol Street, Douglas. APPROVED.

5.0 REPRESENTATIONS 5.1 Douglas Borough Council has raised no objection (received on 08/ 06/20).

5.2 Highways Services do not object but comments; "The Applicant is advised that that the ground floor window oversails the highway and a licence is necessary for the use of the highway for equipment and materials". (Received on 09/06/20)

5.3 The Isle of Man Victorian Society have commented (17/06/20) to detail the history of the building, its former uses and when / how the bay window was installed. In their response they support the replacement for the windows to the first and second floor (subject to horns being included). However, for the ground floor window they consider they Oriel bay to be "architecturally inappropriate to the building and the streetscape" and they recommend replicating the character within the streetscene; "presents a wonderful and praiseworthy opportunity to return the elevation of the property to its original state with a well-proportioned single sliding sash window".

6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the impact of the proposed development on the character of 44 Athol Street; (ii) whether the windows preserve or enhance the character or appearance of the Athol Street/Victoria Street Conservation Area. It is pertinent to consider this application against Environment Policy 35 and Planning Circular 1/98.

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6.2 With regard to the first and second floor window replacements, the proposal seeks to replace the existing windows on the front elevation with Upvc sliding sash windows to match the existing in terms of opening mechanism. The proposals on the front are welcomed and would replicate the traditional method of opening albeit in a more modern material, which will add a degree of unity to the front façade and would be in keeping within the context of the streetscene. The windows policy states that there is no preference to the material used in windows in Conservation Areas, so the use of the proposed UPVC has been recognised as an acceptable alternative to timber and is seen amongst other properties within the street scene. The absence of the Georgian glazing bars would not be considered to be detrimental to the character of the area as the overriding theme are single pane glazed panels and this approach is supported by the Victorian Society (17/06/20).

6.3 Turning to the Oriel bay window, It is certainly distinctive in the streetscene, but does not obstruct the pavement as it is in line with the first tread of the steps and many properties along this side of the street have ornamental metal railing offset by approx. 1.0m from the elevation of the building to allow for a light well to the windows for the basement rooms.

6.4 The cosmetic alterations from timber top hinged opening windows to Upvc sliding sash would be an acceptable change and as there is no material altering the size of the frame, merely replacing the window units in the existing reveal with a more modern material and a traditional opening mechanism that is usually an accepted alteration for replacement windows. On this basis it would be difficult to defend a refusal decision for the replacement windows to try and seek the removal of an existing aspect of the buildings fenestration. In this instance, the proposal would be considered to be in keeping with the front elevation and would add a degree of uniformity to the front elevation and streetscene.

6.5 Given the juxtaposition surrounding this application (para 6.4), the alterations to the front elevation are considered acceptable in accordance with the policies that seek to preserve the character and appearance of the building and it is not considered to have an adverse impact on the character or appearance of the Athol / Victoria Street Conservation Area.

7.0 CONCLUSION 7.1 For the above reasons, the application is recommended for approval as it is concluded that the replacement windows would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, planning Circular 1/98 and Policy Statement 101.

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 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

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I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 21.07.2020

Determining officer Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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