Planning Officer Report

Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is the residential curtilage of 38 Demesne Road, a traditional three storey Victorian terraced dwelling with an attic conversion representing a fourth floor. 38 Demesne Road is sited on the north western of Demesne Road in Douglas and adjoins No. 40 Demesne Road to the west and No. 36 Demesne Road to the east.

1. There is a one way system implemented on Demesne Road from south west to north east and adjoins Woodbourne Road at the top. Demesne Road can be accessed from Merton Bank which runs parallel to the south of the application site.

1. The terrace is part of the Woodbourne Road Conservation Area and is characterised by three storey dwellings with ground floor bay windows. 38 Demesne Road is finished in a smooth white render with decorative bordering above each of the window levels.

The Proposal

1. The proposal comprises the replacement of the front elevation timber sliding sash windows to white double glazed uPVC sash windows within the existing apertures.

Planning History

1. The application site has not been the subject of any previous planning applications.

1. It is also relevant that two other properties in the vicinity have been the subject of installations of uPVC window replacements to existing front elevation windows - number 40 and 42 (PAs 07/00227/B and 07/00228/B respectively).

Planning Policy

1. In terms of local plan policy, the application site is predominantly residential under the Douglas Local Plan Order 1998 Map No. 2 (South). The application is within the Woodbourne Road Conservation Area.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:

Application No.:	12/00557/B
Applicant:	Mr Donald Neil Taylor
Proposal:	Installation of replacement windows and door to front elevation
Site Address:	38 Demesne Road Douglas Isle Of Man IM1 3DY

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;
• (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."

Environmental 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."

1. In terms of 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 states:

"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."

REPRESENTATIONS

1. Douglas Borough Council has no objections to the planning application.

ASSESSMENT

1. Given the nature of the planning application and location of the application site it is imperative to consider the impacts of the replacement windows on the existing dwelling and on the Windsor Road Conservation Area and street scene of Demesne Road.

1. Environment 35 sets out the policy in regards to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area if the development would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development. It is judged that the replacement of the existing windows with UPVC sliding sash windows would not be detrimental or harmful to the character and quality of the Conservation Area. As the new proposed windows are to replicate the appearance and opening method of the existing windows, and the new proposed door to replicate a similar appearance to what is existing; it is deemed that the proposed windows and door would preserve the appearance of the dwelling and cause no adverse impacts.

1. Planning Circular 1/98 – The Alteration and Replacement of Windows sets out the policy in respect of the alteration or replacement of windows. Part 6 Category b of this planning circular specifically deals with buildings within Conservation Areas. This states that replacement windows must have the same method of opening as the originals and windows

not readily visible from the public thoroughfare must have the same or similar glazing bars as the original method of opening, whatever the material used. As the proposed windows do replicate the original method of opening it is concluded that the planning application accords to the provisions of Planning Circular 1/98.

1. Although the replacement windows would have uPVC frames and would change the appearance of the existing dwelling, the opening method would replicate the original method of opening which is the requirement of Planning Circular 1/98. There are a number of properties within the Demesne Road locality that have uPVC framed windows installed. The proposed windows are not considered detrimental or harmful and judged to be an appropriate form of development.

1. Overall, it is concluded that the planning application is in accordance with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan and the provisions of Planning Circular 1/98: The Alteration and Replacement of Windows Part 6 Category b.

RECOMMENDATION

1. It is recommended that the planning application be permitted.

PARTY STATUS

1. The local authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status

Recommendation

Recommended Decision: Permitted Date of Recommendation: 24.05.2012 Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval for the installation of replacement windows and door to front elevation relate to drawings titled Demesne 2012/1, Demesne 2012/2 and 38 Demesne 2012/1x a5 photograph labelled Demesne 2012/4A and 1 x photograph labelled Demesne 2012/4B all date stamped 10th April 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 30.6.12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : Samuel Sarah Corlett Senior Planning Officer

Signed : Jennifer Chance Development Control Manager