DEC Officer Report

Application No.: 20/01060/B Applicant: Mr Mike Smith Proposal: Installation of replacement windows to second floor annex (retrospective) Site Address: Flat 4 65 Bucks Road Douglas Isle Of Man IM1 3EF Planning Officer: Mr Peiran Shen Photo Taken: 07.10.2020 Site Visit: 07.10.2020 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.11.2020 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval

• N : Notes attached to conditions

This application has been recommended for approval for the following reason. The application is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan, Policy CA/2 of Planning Policy Statement 1/01 and category b of Policy 1/98.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing no. 19/2987/01 date-stamped as having been received on 14th September 2020. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of 65 Bucks Road, Douglas. It is a three-storey midterrace dwelling on the west of Bucks Road, close to its junction with Demesne Road.

2.0 THE PROPOSAL - 2.1 The proposal is a retrospective application for the installation of replacement windows on the rear extension. The windows replaced are on the second floor of the rear and south elevation.

2.2 The replacement windows are white uPVC top-hung casement windows. The panel is equally divided between top and bottom.

3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.

4.0 PLANNING POLICY - 4.1 The site lies within an area designated as Predominantly Residential Use on the Douglas Local Plan 1998. The site also lies within the Woodbourne Conservation Area. - 4.2 The following Strategic Plan policies are considered relevant: General Policy 2 and Environment Policy 35. - 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; (n) is designed having due regard to best practice in reducing energy consumption."

4.4 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."

4.6 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." - 4.7 Planning Circular 1/98: The Alteration and Replacement of Windows Set states: Category b) Buildings in a Conservation Area "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."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council has no objection on this application (09/10/2020). - 5.2 DoI Highway Services state there is no highway interests involved. (09/10/2020).

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 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;

6.3 The windows are at the rear of the property. The rear lane is only used by local residents while the character of the Conservation Area is mainly defined by the front elevation. Therefore, the replacements do not have any impact on the character of the Conservation Area. - 6.4 The installation of replacement uPVC windows to the property is considered to have no impact on, therefore, preserves the character of the Conservation Area.

7.0 RECOMMENDATION - 7.1 The proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan, Policy CA/2 of Planning Policy Statement 1/01 and category b of Policy 1/98. Therefore, it is recommended for an 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: 06.11.2020 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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