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16/01000/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01000/B Applicant : Mr Lee McLellan Proposal : Installation of replacement windows and rear door to dwelling Site Address : 44 Woodbourne Road Douglas Isle Of Man IM1 3AN
Case Officer : Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE SITE 1.1 The site is the residential curtilage of 44 Woodbourne Road, Douglas which is an existing dwelling which sits fronting onto Woodbourne Road and backs onto a rear access lane. Woodbourne Square is located directly opposite the site on the opposite side of the road. The dwelling is a three storey mid-terraced dwelling. The existing dwelling has timber sliding sash windows to the front elevation, which include a central vertical glazing bar through all windows.
2.0 THE PROPOSAL 2.1 The application seeks approval for the installation of replacement windows and rear door to dwelling. The replacement windows are two first floor windows to the front elevation only. The replacement windows would be uPVC sliding sash windows which have the '50/50' split arrangement with an externally applied vertical bar to replicate the existing window design.
3.0 PLANNING STATUS AND POLICY 3.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Residential. The site also lies within a Conservation Area.
3.2 The Strategic Plan contains a policy which seeks the preservation or enhancement of property within a Conservation Area (EP 35). This 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."
3.3 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man.
3.4 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.
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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 This property has been the subject of the previous applications:
4.2 Installation of uPVC sliding sash windows to replace existing to front elevation - 01/02623/B
4.3 Installation of uPVC windows to replace existing to second floor - 99/02281/B - REFUSED for the following reason:
"R 1. The site forms part of Woodbourne Square, which is of architectural and civic interest and attraction; the installation of tilting windows with internal glazing bars would lessen this interest and attraction.
NOTE: The Department is aware of other unattractive windows which have previously been installed in properties around The Square, but seeks, in the long term, to have the Square restored to its original architectural character and appearance."
5.0 REPRESENTATIONS 5.1 Douglas Borough Council indicates that they do not oppose the application (on 23.09.2016).
5.2 Highway Services of Department of Infrastructure indicate that there is no highway interest in the application (26.09.16).
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 Authority 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 2007). 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.
6.3 The existing traditional street-scene, including details such as sliding sash windows has been retained overall and therefore it is key that any replacements retain this method of opening and design.
6.4 Whilst it would generally be preferred to replace all the windows with timber sliding sash windows within Conservation Areas, it has generally been accepted to allow uPVC windows, as long as the replacements have the same opening method i.e. sliding sash.
6.5 The replacement door to the rear is considered acceptable and would have no impact upon the Conservation Area given there are no significant public views of them.
6.5 Accordingly, replacing the windows to the front elevation is considered to be appropriate and it is considered the proposal would preserve the Conservation Area and the individual property and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan.
8.0 PARTY STATUS
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8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Division of the Department; and (e) The local authority in whose district the land the subject of the application is situated.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 27.09.2016
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. For the avoidance of doubt the replacement two first floor windows hereby approved are required to have an externally applied vertical glazing bar as shown on the submitted plan (DPM Conservatories
Reason: In the interest of the character and appearance of the Conservation Area.
This approval relates to the submitted documents and drawing all received on 22nd August 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 28.09.2016
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16/01000/B
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Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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