DEC Officer Report

Application No.: 19/00594/B Applicant: Laura Toni McMullin Proposal: Installation of replacement windows and door to front elevation Site Address: 27 Kensington Road Douglas Isle Of Man IM1 3EW Planning and Enforcement Assistant: Miss Vanessa Wilson Photo Taken: 31.07.2019 Site Visit: 31.07.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.08.2019 _________________________________________________________________

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.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 22nd May 2019:

• o Site/Location Plan
• o Quotation showing the window sizes and shape _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of 27 Kensington Road, Douglas, which is

• a two storey terrace dwelling situated to the western end of Kensington Road, close to where Kensington Road meets Westmoreland Road.

1.2 The terraced is characterised by wide bay windows at the first and second level. THE PROPOSAL - 2.1 The current planning application seeks approval to replace the non-original wooden frame aluminium windows and door with uPVC. PLANNING HISTORY - 3.1 There is one other application on the site which is in relation to this application. The previous application 18/00830/B which was for the "installation of replacement windows and door to front elevation" was refused for the reasoning that "The proposed windows, by reason of their design, which would not replicate the frame sections of the original windows as can be seen in other properties of the same style. The proposal would therefore have an adverse impact on the character and appearance of the conservation area and as such it would be contrary to Environment Policy 35 of the Isle of Man Strategic Plan and Circular 1.98." PLANNING POLICY - 4.1 The site lies within an area zoned as Predominantly Residential on the Douglas Local Plan 1998, Map 1. The property is also within a Conservation area. Given the nature of the application it is appropriate to consider General Policy 2, Environment Policy 35 and Planning Circular 1/98.

4.3 General Policy 2 of the Isle of Man Strategic Plan 2016 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:

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;

4.4 Environment Policy 35 which 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'. - 4.5 Planning Circular 1/98: The Alteration and Replacement of Windows Sets which states; Category b) Buildings in a Conservation Area "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."

REPRESENTATIONS

5.1 Douglas Corporation have considered the proposal and have no objection (14.06.19). ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the impact of the proposed development on the character of the Kensington Road and (ii) whether the windows preserve or enhance the character or appearance of the Onchan Conservation Area.

6.2 The area of Kensington Road is characterised by bay windows to the first and second floor of the front elevation. Although there is some variation in the house type within the street and

• particularly within this block there are two variations, the property in question has front windows which are in a 6 over 6 fashion.
• 6.3 The previous application was refused on the basis that the applicants were going to remove this identifiable rhythm which wouldn't have enhanced the conservation area and contravened Environment Policy 35 and Planning Circular 1.98.
• 6.4 The proposed bay windows within this application are for the bay windows to stay the same as the existing and have the 6 over 6 fashion which would preserve the character and appearance of the conservation area.
• 6.5 The separate window to the first floor is proposed to have the 2 over 2 fashion which can be seen throughout the block of houses and as such this would preserve the character and appearance of the conservation area.
• 6.6 With regards to the method of openings given within this proposal. It is hard to assertain the current method of opening is due to the way the windows are and without being supplied this information. The first floor seperate windows method of opening is on par with the rest of the block of houses which have one side which is top opening and side opening, with the other side being fixed. The bay window openings are to have top opening and side opening windows in the two end bays, with the rest of the bays being fixed. This alterations is in line with the block of properties and especially with it's neighbouring property which it will be replicating. Even though this might be against Planning Circular 1/98 the alteration will make a more uniform feel to the block of houses and will have a neutral effect on the Conservation Area.
• 6.7 The current door method of opening is to the right hand side with the proposed method of opening being to the left, this will make no impact on the appearance or character of the Conservation Area.
• 6.8 With regards to the removal of the diamond muntin bars, this would have a neutral effect on the character or appearance of the conservation area due to the unlikelihood these are original to the property and with this property being the last one within the block with this accent on the windows.
• 6.9 The proposed door is to have a glazed panel to the top half and a decorative panel to the lower half. This type of door can be seen in several of the properties along Kensington Road and as such this will have a neutral effect on the character or appearance of the conservation area.

CONCLUSION

7.1 For the above reasons the proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Circular 1/98, and is therefore acceptable. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 01.08.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.