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Application No.: 16/00676/B Applicant: Mr Ronan McBride Proposal: Replacement windows to front elevation Site Address: 27 Hildesley Road Douglas Isle Of Man IM2 5AX Case Officer : Mr Chris Balmer Photo Taken: 06.07.2016 Site Visit: 06.07.2016 Expected Decision Level: Planning Committee
THE PLANNING APPLICATION IS BEFORE THE COMMITTEE MEMBERS AS THE APPLICATION IS RECOMMEND FOR AN APPROVAL BUT COULD BE CONSIDERED TO BE CONTRARY TO PLANNING POLICY.
1.0 THE SITE - 1.1 The site is the residential curtilage of 27 Hildesley Road, Douglas which is an existing dwelling fronting onto Hildesley Road and backing onto a rear lane. - 1.2 The house is a terraced dwelling characterised by red ruabon brick to the external walls and castellated parapets to the projecting bay windows. - 1.3 The existing dwelling has a total of five timber sliding sash windows all within the projecting bay windows.
2.0 THE PROPOSAL - 2.1 Proposed is the replacement of the existing windows with a mixture of uPVC top hung outward opening casements and fixed windows all which have the '50/50' split arrangement.
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 application site also lies within the Selbourne Drive 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.
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 not been the subject of any previous applications. The terrace has, however, been the subject of a number of applications; - 4.2 Perhaps the most relevant is an appeal decision which refused initially, but approved at Appeal for the installation of plastic framed casement windows at number 45 Hildesley Road (PA 11/00485/B). The existing windows were timber sliding sash windows as are those on the current application property.
5.0 REPRESENTATIONS - 5.1 No comments received at the time of writing this report.
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 Of significant material consideration is planning application at 45 Hildesley Road (PA 11/00485/B). This proposal was to replace the existing sliding sash windows in the front elevation with plastic framed top opening casements, the same as the current application. The application was refused and at appeal the inspector comments that,
"…However, the reason given for that policy (PC 1/98) indicates that its aim is to ensure that replacement windows are in keeping not only with the individual building, but with the special character and quality of the Conservation Area as a whole. Given that the existing character and quality of this Conservation Area incorporates a mix of windows types, with a preponderance of casement windows, I do not consider that the aim of this policy in Planning Circular 1/98 would be offended by the appeal proposal."
6.4 The Inspector also states: "It is also relevant to this point has the planning history contained in the Planning Authority's report indicates that several proposals for replacement windows with casements openings have been permitted since Planning Circular 1/98 was issued. Although theses seem to have been mainly, if not exclusively, in cases where casement windows were proposed as replacements for previous casement windows, the wording of the policy ion Planning Circular 1/98 so as to refer to the "same method of openings as the originals" would strictly have required consideration of the form of the original windows, rather than the form of those existing at the time. That is indicative that the policy has been applied with some flexibility in the past. In that light, and with regard to the very few sash windows remaining in the near vicinity of the appeal site, it is my view that it would be overly onerous to expect the appellant to install replacement sash windows in this property."
6.5 Accordingly, the Inspector recommended the application be approved which was accepted by the then Minister. - 6.6 Since that time there have been further application for uPVC casement windows at Nos. 1 1, 12, 15 & 20 Hildesley Road all of which have been approved. - 6.7 The existing street-scene in terms of the windows within the properties has evolved over a number of years and consequently when visiting the area recently only 9 (including application site) out of 49 properties still have either their original sliding sash widows or uPVC sliding sash windows. The remaining are uPVC casement windows. - 6.8 It is clear when visiting the street that the main interest/character and uniqueness within the properties is the red ruabon brick to the external walls and castellated parapets to the projecting bay windows. There is an argument to be made that the windows are of secondary importance in terms of the character of the individual properties and street scene. The properties which have had casements windows installed have not been significantly affected due to these works. - 6.9 Overall, given the previous history of applications to neighbouring properties, the main interest of the properties is the red brick & castellated parapets, and comments made by the Inspector; 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 - 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:
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: 25.07.2016 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.
This approval relates to the submitted documents which are date-stamped 15th June 2016.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Permitted.. Committee Meeting Date:…08.08.2016
Signed : E RILEY Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO
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