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17/00534/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00534/B Applicant : Miss Jane Knowles Proposal : Replacement of two front elevation first floor windows Site Address : 7 Malvern Road Douglas Isle of Man IM2 5AS
Case Officer : Mr Edmond Riley Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site is the curtilage of 7 Malvern Road, Douglas; number 7 is a two storey, mid-terraced property. It is situated to the south west of the highway. 7 Malvern Road is within the Selborne Drive Conservation Area.
1.2 The terrace along the south west of Malvern Road is characterised by the strong, crenellated facades with double-storey bay windows. These unusual features are complemented by the unusual brickwork of the properties, which consist of primarily yellow brick with red brick decoration.
1.3 The application site has casement windows. Of the 27 dwellings on the northeastern side of Malvern Road (i.e. that part of the highway within the Conservation Area), only four have sliding sash windows - the remainder have a casement or non-opening window styles; one has decorative horns on its casement units.
2.0 THE PROPOSAL
2.1 Full planning approval is sought for the installation of replacement windows in the first floor. These would be top-opening casement units formed of white uPVC and, in that respect, would be more or less 'like-for-like' replacements of the existing.
3.0 RELEVANT PLANNING HISTORY
3.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. Retrospective approval for the installation of a satellite dish was granted in 2013 under PA 13/00518/B, with a further approval granted for the re-roofing of the dwelling under PA 14/00102/B and the installation of a gas meter box under PA 15/00241/B.
3.2 Seven planning applications for replacement windows to the front elevations of the dwellings here have been approved since the designation of the Conservation Area. Three of these sought and gained approval for the installation of sliding sash windows. In respect of the remaining four, which sought and gained approval for the installation of casement windows, the following are relevant extracts from the planning officer's reports:
11/00494/B - 5 Malvern Road
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17/00534/B
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"The existing windows and front door to be replaced are constructed out of metal. These were not the original windows and door to the property. The existing door and windows detract from the character and appearance of the Conservation Area. The proposal is to replace the existing with uPVC door and windows in a different style to the existing windows. The proposal certainly does not preserve the character and appearance of the Conservation Area, as it seeks the removal of the existing windows and doors. It is also arguable whether the proposal would enhance the character and appearance of the area with the installation of uPVC door and casement windows. There are other examples of uPVC doors and windows within the streetscene. These were installed prior to the area being designated a Conservation Area and prior to the Isle of Man Strategic Plan. These examples also detract from the general character and appearance of the Conservation Area. It is considered this is a perfect opportunity to considered installing the original style windows and front door back into the property. This would then help to enhance the character and appearance of the Conservation Area. On the other hand, the proposal is an improvement on the existing windows and doors. It is considered, in this case, the proposal would be an enhancement."
11/01491/B - 14 Malvern Road "The objective of EP35 is to preserve or enhance the character and appearance of Conservation Areas. The existing windows and door are not original to the property and are not particularly attractive. The proposal is judged to be a slight improvement over the existing and accordingly the application is judged to be acceptable."
13/00011/B - 23 Malvern Road "Many of the properties along Malvern Road have had replacement windows and there are not many that still have the original windows. There are a number of properties that have had casement windows installed, and casement windows are a dominant feature in the street scene. The proposed rear elevation would have top opening casements, whilst not the original method of opening the windows would have similar glazing sections as sliding sash windows and therefore would comply with Planning Circular 1/98. Whilst there is a presumption in favour of the original method of opening in the front elevation, given that many of the properties have had casements installed it could be argued that this is now the character of the street and the proposal would preserve the character and appearance of the Conservation Area. The applicant has included a letter with the application which states that the windows were installed in 1997 and whilst no evidence of receipts or photographs from that date have been submitted the appearance of the windows themselves suggest that the windows have been in situ in excess of four years and therefore the Department could not take enforcement action. Despite this it is considered that the proposed windows would preserve the existing character and appearance of the street scene and therefore is recommended for approval."
15/00284/B - 26 Malvern Road "There is a general presumption that replacement windows on dwellings in Conservation Areas should be of a style to match those of the original building. There is no evidence to indicate what form of window style would have been present on this terrace, but equally it is a fair assumption given the age and appearance of the dwelling that what is currently in place (and what planning approval is retrospectively sought to retain) do not reflect the original style. Therefore, what is proposed automatically attracts an objection.
"However, given the nature of the streetscene and the recent Planning history on other dwellings on Malvern Road - and especially PA 13/00011/B at 23 Malvern Road - it is concluded that an objection to the proposal could not be sustained at appeal. This is perhaps unfortunate, since Conservation Areas are in many ways designated to bring about an improvement to the visual appearance of an area, rather than just retain its previous appearance (which is not always appropriate or desirable in any case).
"In terms of their general form and material make-up, the terrace retains much of its original and unusual features and this is welcomed. The windows throughout the terrace were primarily damaged prior to the designation of the Conservation Area. In many ways, this part of the
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Conservation Area is characterised by the presence of inappropriate window styles. As such, it is considered that the proposal would preserve this characteristic. As such, and reflecting strongly on the Laxey appeal decision and also the case officer's conclusion with respect to the 2013 application at 23 Malvern Road, it is concluded that an objection could not be sustained at appeal and it is therefore recommended that planning approval should be granted."
3.3 A recent appeal decision in respect of a similar situation (albeit in the Laxey Conservation Area) is also relevant to note. That application sought approval to replace sliding sash windows with casement windows at The Cushag on Shore Road in Laxey (PA 14/00256/B), and was initially refused by the Department, was taken to appeal and the Inspector subsequently recommended that refusal be overturned. The Minister agreed and an approval was issued. In reaching her judgement, the Inspector had regard to the circumstances of the application site and reflected strongly on the fact that casement windows are the predominant style in that immediate vicinity. She also noted "a reflection of the difficulties involved in maintaining timber windows in an area that gets the brunt of its weather from the sea" (her paragraph 18). She also considers that, while the original windows may have been sliding sashes, although there was no evidence to support this, that "the replacement windows' glazing bars and frame sections would look much the same, albeit slightly more substantial". She does accept that, when open, the windows would obviously not be sliding sashes (all her paragraph 20).
3.4 However, while the inspector considered there was little visual difference between sliding sashes and casements, this is inconsistent with the findings of other inspectors and the guidance provided in Planning Circular 1/98. For example, in the case of an application in Upper Duke's Road in Douglas, within a Conservation Area (PA 11/00167/B) where a property was only one of two in the terrace of twenty three retaining their original sliding sash windows, an inspector determined that replacement windows should replicate the original form of opening and the application was refused. Sliding sash windows, framed in plastic, were ultimately installed there. However, that site was unusual inasmuch as the particularly unique style of the dwelling and the terrace in which it sat were determinative factors in the Inspector's conclusions, while the existing windows appear to have been original, and finally the proposed replacement windows failed to even match the existing glazing bars, let alone the opening style.
3.5 While it is of course fundamental that each application should be treated on its own merits, it is considered that the weight given to the Douglas appeal decision is accordingly less than that given to the more recent appeal decision in Laxey due to the nature of the two appeal sites and what was proposed, relative to that proposed now under this application. While the Laxey decision is more recent, it was made having regard to the same policy framework, and its material relevance to the current proposal reflects the nature of the proposal rather than the time elapsed since its issuance.
4.0 PLANNING POLICY
4.1 In terms of local plan policy, the application site is designated as Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 2 (South).
4.2 Malvern Road is within the Selborne Drive Conservation Area.
4.3 In terms of strategic plan policy, the Strategic Plan contains two policies that are considered specifically material to the assessment of this current planning application. The parts of General Policy 2 relevant to this application state: "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;
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(g) does not affect adversely the amenity of local residents or the character of the locality".
4.4 As Malvern Road is within the Selborne Drive Conservation Area, Environment Policy 35 also applies. It states that: "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".
4.5 Planning Circular 1/98 ('The Alteration and Replacement of Windows') sets down the policies in respect of the alteration or replacement of windows. (Part 6, Category b) Buildings in Conservation Areas reads:
"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 original method of opening, whatever the material used in the construction."
5.0 REPRESENTATIONS
5.1 Douglas Borough Council offered no objection to the planning application on 26.05.2017.
6.0 ASSESSMENT
6.1 What is proposed is essentially a 'like-for-like' replacement, evidently in a form that would not ordinarily receive support. However, in view of the existing windows in place, it is - for the same reasoning as that outlined in respect of the other planning history along Malvern Road - not considered that an objection could be sustained at appeal. This is rather unfortunate, but nevertheless the most important feature of the terrace - namely, its crenelated parapets and unusual brick detailing - would be retained.
6.2 It is accordingly concluded that the proposal would preserve the character and appearance of the streetscene, albeit that this is a balanced conclusion reached in respect of this particular case.
7.0 RECOMMENDATION
7.1 It is recommended that the planning application be approved.
8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
o The applicant, or if there is one, the applicant's agent; o 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, and o The local authority in whose district the land the subject of the application is situated.
Recommendation
Recommended Decision:
Permitted
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Date of Recommendation: 13.06.2017
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.
The development hereby approved relates to the Site Plan (scale 1:1000), the photograph sheet and the drawing sheet showing the two proposed replacement windows, all three date-stamped as having been received 16th May 2017.
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: 15.06.2017
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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