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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00602/B Applicant : Andrew Michael Patrick Proposal : Installation of replacement windows Site Address : 21 Kensington Road Douglas Isle Of Man IM1 3EP
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 27.07.2020 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. It is considered the proposed works; namely the loss of the small panelled windows to the upper sections of the windows, would fail to preserve or enhance the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would be contrary with Environment Policy 35 of the Isle of Man Strategic Plan and Planning Circular 1/98.
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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 and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained 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 (2019). __
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Officer’s Report
1.0 THE SITE 1.1 The application site is the curtilage of 21 Kensington Road, Douglas which is a traditional two storey mid terraced property located to the northern side of Kensington Road. The property is of a high architectural quality from the "Arts and Craft" period (later 1890's).
1.2 Nrs 21, 22 and 23 Kensington Road adjoin and vary from the typical form of the street in that they feature a distinctive red brick fronting with steep pitched roofing on the front porch and upper bay windows. 3 dormer windows also form part of the build, with a large chimney stack between 22 and 23. Further, these properties have distinct windows, namely given their smaller glazed patter windows to the upper section of the windows. Nr 21 Kensington Road sits slightly lower than number 20 adjacent but a storey taller than number 24 and other properties on the west end of the street.
2.0 THE PROPOSAL 2.1 The application seeks approval for the installation of three replacement windows to the first floor elevation only. The existing windows would be replaced with uPVC windows, which do not include the upper patterned window detail.
3.0 PLANNING STATUS AND POLICY 3.1 In terms of local plan policy, the application site is predominately residential under the Douglas Local Plan Order 1998 and Area Plan for the East. The application site falls within a Conservation Area.
3.2 The Strategic Plan contains the following policies which are relevant in the determination of this application:
3.3 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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 adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
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,
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and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
3.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man.
3.6 Planning Circular 1/98 also contains advice about the replacement of windows:
"BUILDINGS IN CONSERVATION AREAS 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 originals, but not necessarily the original method of opening, whatever the material used in the construction."
4.0 PLANNING HISTORY 4.1 There are no previous planning applications which are considered relevant in the determination of this application.
5.0 REPRESENTATIONS 5.1 Douglas Borough Council oppose the application making the following comments (received on 01.07.2020). "The application site is clearly within one of the town's conservation areas and as such any work such as the replacement of windows, particularly windows that will alter the traditional appearance of the property from the front elevation should be undertaken in a sympathetic manner and where possible be in keeping with the existing windows.
The Council would kindly ask that consideration is given to Environment Policy 35:
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.
The Council is of the opinion that the replacement windows are not in keeping with the appearance of the property neither do they preserve or enhance the character of the building and as such the Council is of the opinion that the application should be refused."
5.2 Highway Services comment that they have no objections but make the following comments (received on 30.06.2020);
"The Applicant is advised that a licence may be necessary for the use of the highway for equipment and materials"
5.3 The Isle of Man Victorian Society object to the application making the following comments (received on 28.06.2020): "This property lies within the Finch Hill Estate as laid out by architect /owner Philip Christian. The property is one of three built by local builder J.E. Douglas who, like his elder brother R F Douglas also drew his own plans after a short while in business.
These three houses are different from all other dwellings erected on the Finch Hill Estate in that they were built in 1898/9 in Ruabon Brick in an eclectic style different from everything else
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on the estate and around. The three properties together are worthy of consideration for Registration.
By a process of elimination we have worked out that the application is for the first floor windows only. From the photographs it is obvious that they have been neglected and paint is peeling off which always makes things look worse.
The proposed replacements have no regard for the architectural style of the existing windows with particular regard to the fixed lights or the important colour combination which is integral with all three properties.
The windows should firstly be looked at for repair. If they are so far gone then they should be replaced in timber on an exact like for like basis.
We would refer to the recent planning application PA/20/00484/B for replacement windows and front door at 6, Cronkbourne Road, Douglas, a property also in a Conservation Area. This is the standard to which this application should aim.
Therefore we object to this application as made and trust it will be refused if not amended to a more appropriate format."
6.0 ASSESSMENT 6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property.
6.2 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Planning Circular 1/98 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.
6.3 The alterations to the front elevation are the most important in this case, being the elevation which is most publically viewable and elevation which is most important in terms of the character and appearance of the Conservation Area and the individual property. Whilst the method of opening does not appear to being altered, there is significant concern of the loss of the small patterned glazing bars which significant add to and contributes to the uniqueness and quality of this property and the other two very similar properties (Nr's 22 and 23 Kensington Road)which all have their original windows in place.
6.4 Overall, it is considered the proposed works would fail to preserve or enhance the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would be contrary with Environment Policy 35 of the Isle of Man Strategic Plan and Planning Circular 1/98.
7.0 CONCLUSION 7.1 The proposal would be contrary with the relevant planning policies and therefore the proposal is considered unacceptable. The application is recommend for a refusal.
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:
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(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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date : 29.07.2020
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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