168034

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                                      23/00874/CON                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/00874/CON Applicant : Isle Of Man Islamic Association Proposal : Registered building consent for the replacement of existing timber windows with new timber windows - RB 100 Site Address : 20 Finch Road Douglas Isle Of Man IM1 2PS

Technical Officer: Mr Thomas Sinden Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 03.10.2023 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

Note: This approval relates solely to the replacement of existing windows with painted timber framed windows as described on the application drawings. No approval is given for the use of UPVC framed windows.

This application has been recommended for approval for the following reason. The application complies with section 16 of the Town and Country Act 1999 as the building's special architectural and historic interest is being preserved. The application also accords with Planning Policy Statement 1/01 as well as Strategic Policy 4, Environment Policy 32 and Environment Policy 34 of the IOM Strategic Plan 2016 as the building is being protected and preserved, and traditional materials are being used. The proposals are also in line with the guidance in Planning Circular 1/98 as the material and the method of opening are being replicated. It is therefore judged that the application is acceptable.

Plans/Drawings/Information;

This decision relates to drawings JTM2325A-P-01 and JTM2325A-P-02, together with the other supporting information submitted on 19th September 2023.

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                                      23/00874/CON                                     Page  2  of  4

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Interested Person Status - Additional Persons

It is recommended that the Isle of Man Victorian Society and D.O.I. Highways should not be awarded Interest Party Status as their comments are not in accordance with paragraph 2 of the Policy. __

Officer’s Report

1.0 THE SITE

1.1 The site is 20 Finch Road, and registered building (RB 100). Finch Road stands on land that was at one time known as Finch's Estate, and was laid out in in 1830 for building purposes. Number 20 is one of a series of high status dwellings along the eastern side of Finch Road dating from the 1830s and 1840s, with period features and form that show the architectural style being employed on the island during the period. The properties also illustrate part of the development of Douglas from a small 18th century fishing port through to a bustling Victorian tourist resort and the island's capital. The property is not located within a conservation area.

2.0 THE PROPOSAL

2.1 This application seeks consent to replace the existing timber framed sliding sash windows with timber framed sliding sash windows generally. The existing timber casement windows on the property's rear elevation are proposed to be replaced with timber framed casement opening windows in a like for like manner.

3.0 PLANNING POLICY

3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions (3) In considering - (a) whether to grant planning approval for development which affects a registered building or its setting, or (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

Strategic Policy 4 Environment Policy 32 Environment Policy 34

3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY RB/3 POLICY RB/5

3.4 Planning Circular 1/98: The Alteration And Replacement Of Windows Category a) Registered Buildings

If the original windows are still in place they should be preferably repaired. If the repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects,

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                                      23/00874/CON                                     Page  3  of  4

including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify a relaxation.

4.0 PLANNING HISTORY

4.1 Applications 05/00591/GB and 05/00591/CON permitted structural repairs to the property. More recently, applications 20/01064/GB and 20/01065/CON permitted alterations to the property in association with a change of use from office to class 4.3 (other community facilities). Applications 22/00954/GB and 22/00955/CON refused the installation of UPVC windows on the property. Finally, applications 23/00870/GB and 23/00871/CON permitted the installation of a replacement slate roof to the rear porch and internal alterations to provide washing facilities.

5.0 REPRESENTATIONS

5.1 The Department of Infrastructure Highways Division have stated that they have no comments on the application (11.8.2022).

5.2 Douglas Borough Council have stated that they have no objections to the application (18.8.2022).

5.3 The IOM Victorian Society objected to the application on the basis that there was insufficient detail regarding the nature of the replacement windows, and the condition of the existing windows (26.8.2023). Further information has since been supplied by the applicant's agent. At the time of writing, no further comments have been received from the IOM Victorian Society.

6.0 ASSESSMENT

6.1 The issue here is whether the proposals would affect detrimentally the building's special interest.

6.2 The building dates from the mid-19th century, and illustrates the style and form of relatively high status dwellings being built in Douglas during the period. It is considered that the timber framed sliding sash windows with Georgian bars are clearly features of the building that contribute to the building's special architectural interest. The proposal within this application is to replace the existing windows in a like for like manner. Photographs have been supplied with the application in support of the owner's claim that the existing windows are beyond repair. With this in mind, it is considered that the proposed replacement windows would preserve the building's special interest.

7.0 CONCLUSION

7.1 The application is judged to comply with section 16 of the Town and Country Act 1999 as the building's special architectural and historic interest is being preserved. The application is also judged to accord with planning policy statement 1/01 as well as strategic policy 4, environment policy 32 and environment policy 34 of the IOM Strategic Plan 2016 as the building is being protected and preserved, and traditional materials are being used. The proposals are also in line with the guidance in Planning Circular 1/98 as the material and the method of opening are being replicated. It is therefore recommended that the application is approved.

8.0 INTERESTED PERSON STATUS

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                                      23/00874/CON                                     Page  4  of  4

8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following 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; (c) Manx National Heritage; and (d) The local authority in whose district the land the subject of the application is situated

8.2. In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application. __

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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Date: 06.10.2023

Determining officer Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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