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19/00287/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00287/B Applicant : Mr Steve Jopson Proposal : Installation of replacement first and second floor windows Site Address : 1 Brunswick Road Douglas Isle Of Man IM2 3LL
Senior Planning Officer: Mr Thomas O'Connor Photo Taken : 10.04.2019 Site Visit : 10.04.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 02.05.2019 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. Strategic Policy 4 and Environmental Policy 35 sets out the test for development in Conservation Areas in that it must 'preserve or enhance' the Conservation Area. The proposed alterations to this building, occupying a prominent location within the Selbourne Conservation Area would result in significant detriment to the character and appearance of the building that would be detrimental to its character within the setting of the local street scene thereby failing to preserve or enhance the conservation area as a whole. The proposal to install upvc double glazed windows in the first and second floors of the front elevation of this building would therefore fail the tests set by of General Policy 2 and Strategic Policy 4 and Environmental Policy 35. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The site consists of a three storey 19th century building with retail units on the ground floor and the upper two stories consisting of residential units positioned on the corner of Brunswick Road and a back lane leading to the rear. Located within the Selbourne Drive Conservation Area, the street pattern is one of Victorian Villas and terraced dwellings interspersed with retails premises dating from the same period. Adjacent to the south is the Woodbourne Hotel a distinctive Victorian Public House faced in red brick and occupying the corner of Brunswick Road at its junction with Alexander Drive.
2.0 PROPOSAL
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2.1 This application seeks to replace the existing two pane timber sash windows four each on the first and second floors of the front elevation (8 in total) with white upvc top opening double glazed casement windows.
3.0 PLANNING HISTORY 3.1 None recent; 95/00257/B Formation of 2 flats over existing shops, permitted.
4.0 PLANNING POLICY 4.1 The site is in an area designated as Predominantly Residential use in the Douglas Local Plan 1998. As previously indicated, the site lies within Selbourne Drive Conservation Area.
4.2 As the site is within an area zoned for development the key policies relevant to this proposal is contained within The Isle of Man Strategic Plan 2016, specifically:
4.3 Strategic Policy 4, which states (in part) that; "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest."
4.4 General Policy 2 (Development in accordance with the land-use zoning); "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."
4.5 As the site is within Selbourne Drive Conservation Area, Environment Policy 35 (preservation of conservation areas) is relevant; "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."
4.6 It is also important to consider guidance and policy regarding development in Conservation Areas: Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area will be a material consideration when assessing the application."
4.7 Also relevant to this application is guidance contained in Planning Circular 1/98 - 'The Alteration and Replacement of Windows'. In respect of buildings in conservation areas the standing policy advice is that original windows should preferably be repaired. If 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 as the original windows.
5.0 REPRESENTATIONS 5.1 Highway Services: received 11/04/2019. No highways interest.
5.2 Douglas Borough Council received 05/04/2019; No objection. -.
5.3 Neighbours: No observations received
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19/00287/B Page 3 of 4
6.0 ASSESSMENT 6.1 The key consideration of this application located within a conservation area is the protection of the character, and appearance of the building and an assessment of the proposed development in respect of maintaining & enhancing the integrity & character and setting of the surrounding Conservation Area in line with the relevant policies in the Isle of Man Strategic Plan 2016, Planning Policy Statement 1/01 and Planning Circular 1/98.
6.2 The windows to the front elevation are of the traditional two pane timber sash type that is consistent with the traditional character and appearance of this building. The first floor windows have a shallow brick arch over the four windows located at first floor level with ornamented dormer gables inset into the eaves of the second floor in one centrally positioned window pair and two singles on either side defining the prominent roofline frontage of this building facing onto the street. As such, the timber sash windows play an important role in both maintaining the continued historic integrity of this building and further defining the character of the local street scene which is made up of mainly Victorian buildings of a similar era, most retaining their timber sash fenestration. Within this context, the timber sash windows play a positive role in actively serving to maintain and enhance the character of the surrounding conservation area.
6.3 Guidance contained in Planning Circular 1/98 in respect of the alteration and replacement of windows to buildings in conservation areas advises that original windows should preferably be repaired. Given that the fenestration in situ on the front elevation is of the timber sash type, their repair or replacement with a similar timber sash is preferable and if done, this would maintain the fabric and character of this building. The use of any form of upvc window whether a sash or top opening casement as proposed would be retrograde that it would result in a an unwelcome denigration to the character of the building in terms of design and materials used to the detriment of the setting of the building and the character of the wider conservation area. As such, the use of upvc windows as proposed is unwelcome and should be resisted.
7.0 CONCLUSION 7.1 Strategic Policy 4 and Environmental Policy 35 sets out the test for development in Conservation Areas in that it must 'preserve or enhance' the Conservation Area. The proposed alterations to this building, occupying a prominent location within the Selbourne Conservation Area would, on balance, result in significant detriment to the character and appearance of the building that would be detrimental to its character within the setting of the local street scene thereby failing to preserve or enhance the Selbourne Conservation Area as a whole. The proposal to install upvc double glazed windows in the first and second floors of the front elevation of this building would therefore fail the tests set by of General Policy 2 and Strategic Policy 4 and Environmental Policy 35.As such; this application should be refused planning permission.
8.0 INTERESTED PERSONS 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
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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 : Refused Date : 07.05.2019
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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