190002

==== PAGE 1 ====

                                      24/00047/GB                                     Page  1  of  6

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00047/GB Applicant : Tracey Bell Proposal : Proposed Replacement of existing windows with Upvc vertical sliding sash windows Site Address : 10 Harris Terrace Douglas Isle Of Man IM1 3LZ

Principal Planner: Mr Chris Balmer Photo Taken : 23.02.2024 Site Visit : 23.02.2024 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 28.02.2024 __

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. As outlined in this report the main concern of the application centres on the Registered Building (Nrs 261) and the proposed alterations to it. As outlined it is considered the replacement windows to the front and rear elevations would all preserve the building and its setting. Therefore the proposal would comply the i.e. Section 16 (3) and 18(4) of the Town and Country Planning Act (1999) Statutory test and the IOMSP EP32 & 34, SP 4 and GP2 and Planning Policy Statement 1/01.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 16.01.2024. __

Interested Person Status - Additional Persons

None __

==== PAGE 2 ====

                                      24/00047/GB                                     Page  2  of  6

Officer’s Report

1.0 THE APPLICATION SITE 1.1 The application site is the curtilage of 10 Harris Terrace, Douglas, which is a three storey mid-terraced Georgian property on Harris Terrace in Douglas. It is a Registered Building, and is one of eight Registered Buildings adjoining each other that all fall within the Windsor Road Conservation Area.

1.2 The application property is finished in a smooth painted render and the roof is pitched, finished in slate tiles, with a chimney stack at each end. A two storey annex and further single storey adjoining extension exist to the rear elevation. The front elevation is comprised of a number of distinctive Georgian window apertures and front door. The existing windows on the front elevation are timber sliding sash windows. The rear elevation and adjoining annex at comprises of a variety of different styles of windows the majority being timber sliding sash but with different window patters within. The rear annex includes a variety of styles again ranging from sliding sash to top opening casements.

2.0 PROPOSAL 2.1 The application seeks approval for replacement of existing windows with Upvc vertical sliding sash windows to the front and rear elevations. The exception to this is the side of the ground floor annex where it is proposed to install bottom opening casements windows, again in Upvc.

3.0 PLANNING HISTORY 3.1 The following application is considered relevant in the determination of this current application;

3.2 Registered Building consent to replace lintels and windows (RB 210) - 24/00049/CON - PENDING CONSIDERATION

3.3 While not specially relating to the application site, the following approvals have approved either windows or door in Upvc along Harris Terrace;

3.4 Registered Building consent for installation of replacement back doors (in association with PA 20/00444/GB) - 20/00445/CON - 9 Harris Terrace - APPROVED

3.5 Installation of replacement window (in association with PA 14/00715/CON) - 14/00714/GB - Flat 1, 4 Harris Terrace - APPROVED

3.6 Registered Building Consent for installation of replacement windows to front and rear elevation (RB no 210 in association with 12/01008/GB) - 6 Harris Terrace - 12/01009/CON - 6 Harris Terrace - APPROVED

3.7 Installation of uPVC windows to replace existing to front elevation, replacement rooflights and rendering to rear - 99/00225/B - 8 Harris Terrace - APPROVED

3.8 Installation of uPVC windows to replace existing - 98/00732/B - 9 Harris Terrace - APPROVED

3.9 Installation of uPVC windows to replace existing - 98/01927/B - 11 Harris Terrace - APPROVED

4.0 KEY DOCUMENTS 4.1 Material Considerations

Town and County Planning Act 1999

==== PAGE 3 ====

                                      24/00047/GB                                     Page  3  of  6

4.2 Section 10(4) of the Town and Country Planning Act states: "In dealing with an application for planning approval... the Department shall have regard to - (a) The provisions of the development plan, so far as material to the application, (b) Any relevant statement of planning policy under section 3; (c) Such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and (d) All other material considerations."

4.3 Section 16(3) of the Town and Country Planning Act (1999) states, "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".

4.4 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".

4.5 In light of (a) above, it is considered that two key documents are: o Area Plan for the South; and o The Isle of Man Strategic Plan (2016).

Area Plan for the East 2020 4.6 The site lies within an area designated on the Area Plan for the South 2013 as predominantly residential, and within a Conservation Area. The site is not in an area at risk of flooding. The Building is also a Registered Building Nr 210.

Isle of Man Strategic Plan (adopted 2016) 4.7 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application.

4.8 Strategic Policy 4 states: "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; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and

(c) not cause or lead to unacceptable environmental pollution or disturbance."

4.9 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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality;

==== PAGE 4 ====

                                      24/00047/GB                                     Page  4  of  6

(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

4.10 Environment Policy 32 states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

4.11 Environment Policy 34 states: "In the maintenance, alteration or extension of pre1920 buildings, the use of traditional materials will be preferred."

4.12 Environment 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."

4.13 Planning Policy Statement 1/01 - Conservation Of The Historic Environment Of The Isle Of Man

5.0 CONSULTATION RESPONSES Full comments can be viewed via the online planning website.

5.2 Local Authority Douglas Borough Council have no objection (02.02.2024);

5.3 Government Departments DOI Highway Services comment they have no highway interest (26.01.2024).

5.4 Registered Building Officer states (28.02.2024); "Harris Terrace, dating from 1837, is believed to have been named after Samuel Harris, one of the most important businessmen in Victorian Douglas. The site of the terrace was historically part of the Joyner's Estate, which was one of three large estates into which the Ballakermeen Quarterland was divided in 1610 (the boundary wall between the Joyner's and Finch Hill estates still forms part of the rear boundary of Harris Terrace). The terrace represents one of the few surviving terraces that pre-date the tourism-related expansion of Douglas that occurred from the 1860s onwards. With no decorative mouldings around the openings and no front elevation bay windows, the terrace demonstrates the style of early housing in Douglas. The repair of the lintels within this application is considered positive. Although the use of UPVC replacement windows is not generally acceptable in registered buildings, in this instance approval has been granted previously for UPVC replacements on several of the other properties within the registered terrace (including numbers 6 and 4). With this in mind, it may not be judged reasonable to insist on timber replacements on this particular property. The structural repairs that form part of this application will help ensure that this historic terrace survives in the long-term as an example of the style and form of dwellings constructed in 1830s Douglas."

6.0 ASSESSMENT 6.1 Main Issues o Statutory test (Town and County Planning Act 1999); and

==== PAGE 5 ====

                                      24/00047/GB                                     Page  5  of  6

o Impacts upon the Conservation Area/Registered Building and the visual amenities of the street scenes (StP 4, GP 2, EP 4, 30, 32, 34, 35 & 42 of the IOMSP).

Statutory test 6.2 Firstly, given the proposals involves the alteration of a Registered Buildings, the first consideration is the statutory test, which have significant material planning consideration which are outlined within the Town and County Planning Act 1999.

6.3 It is necessary to apply the Conservation Area statutory test as referenced in sections 4.3 and 4.4 of this report on whether the proposal would preserve or enhance the Conservation Area and 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.

6.4 The application property is one of eight properties in the terrace to be registered. It is understood the terrace was registered for its historical significance as one of the oldest terraces in Douglas, following the division of the town known today into three separate estates. Furthermore, the terrace is sited near an old town boundary wall that is likely to date back to 1805. In terms of architectural significance, the most poignant characteristic of the properties front elevation are the front door case and fanlights. Furthermore, the properties architectural significance in Douglas is defined by its less-elaborate design in relation to the later expanse of Victorian terrace properties. Subsequently, it is deduced that the building was not registered for its conservation merits relating specifically to windows, and therefore this sets the policy context for assessing this application. In many ways this proposal should not be considered in isolation from the adjoining registered buildings.

6.5 Overall, although the proposed replacement windows will not be constructed from timber - the likely original material - the sliding-sash opening method will contribute towards restoring some of the building's and terraces original character. Furthermore, taking into account previous planning approvals allowing Upvc as a material, it is not considered that the proposal would adversely affect the character of the Conservation Area or fundamentally detract from the historical value of the Registered Building. Subsequently, it is not considered the proposal would adversely affect public amenity. 6.6 Overall it is considered the works proposed would preserve (neutral impact) the buildings character and appearance and would preserve the appearance and character of the Conservation Area.

Impact upon the Conservation Area/Registered Building and the visual amenities of the street scene 6.5 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Sections 18(3) and 18(4) of the Town and Country Planning Act (1999) as mentioned above, also requires that the desirability of preserving or enhancing its character or appearance in the exercise.

6.6 For the reason outlined previously (pars 6.2 to 6.6) it is considered the proposals are acceptable and would preserve the character and appearance of the Conservation Area and ensure the preservation of the existing building, its setting and its features of special architectural/historic interest which it possesses.

7.0 CONCLUSION

==== PAGE 6 ====

                                      24/00047/GB                                     Page  6  of  6

7.1 As outlined in this report the main concern of the application centres on the Registered Building (Nrs 261) and the proposed alterations to it. As outlined it is considered the replacement windows to the front and rear elevations would all preserve the building and its setting. Therefore the proposal would comply the i.e. Section 16 (3) and 18(4) of the Town and Country Planning Act (1999) Statutory test and the IOMSP EP32 & 34, SP 4 and GP2 and Planning Policy Statement 1/01.

7.2 Accordingly, for these reasons it is recommended the application is approved.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above 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 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 : 28.02.2024

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.