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24/00400/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00400/B Applicant : Mr Samuel Prince Proposal : Installation of replacement windows facing onto Albany Road and Selborne Drive Site Address : 33 Albany Road Douglas Isle Of Man IM2 3NE
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 16.05.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. As a result of the cumulative loss of the character of the timber and multifaceted lead lights, particularly the most prominent, windows annotated 4, 5 and 6, the proposed replacement windows would cause significant harm to the character of the building and the reason for the buildings inclusion within the Selbourne Conservation Area. Having regard to Section 18(4) of the Town and Country Act (1999) it is considered that the proposal would cause significant harmful to the Selbourne Conservation Area.
By virtue of the above conclusion the proposal does not accord with General Policy 2, and Environment Policy 35 of the Isle of Man Strategic Plan 2016 nor the Residential Design Guide July 2021. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE SITE 1.1. The site is the 33 Albany Road, Douglas, a detached house located on south of the junction of Albany Road and Selbourne Drive. The property is set back from each highway with a front garden; a low level wall runs along the Selborne Drive and Albany Road boundaries.
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1.2. The dwelling has an L-shaped layout around the corner with a mixed hipped and pitched roof arrangement. The dwelling is mostly finished in smooth painted render with some stone cladding detail around windows and doors and across the base. There is an uPVC conservatory at the rear elevation.
1.3. All windows are timber framed and installed with detailed lead glazing. On the elevations that faces the roads, the windows comprise a mix of fixed and top third opening casements. There are two curved bay windows on each elevation comprising 6 timber frames and openings. There are two doors into the property both mostly solid in their appearance with small single glazing panel to the top.
THE PROPOSAL 2.1. This application is a resubmission of the application in 2023 which was refused for UPVC windows.
2.2. Planning approval is sought to replace the existing timber single pane lead detailed windows facing Albany Road and Selbourne Drive with double glazed UPVC in a dark colour similar to the existing frames and with bars to mimic the existing lead.
2.3. The applicant states that since purchasing the property they have looked into repair and replacement of the same, but found that the timber frame and glass has sustained damage over the years to a level for which restoration is not economically viable and for which they have not been able to find a skilled person to undertake the work.
PLANNING HISTORY 3.1. 23/01391/B - Replacement of existing single pane, timber frame with UPVC double glazing. Refused. Reason: 'The replacement windows will detract the character of the Conservation Area.'
3.2. 20/00822/B - Installation of replacement windows and doors. Refused: Reason: "The proposed windows by reason of the material, opening methods and pattern neither preserve or enhance the character and appearance of the streetscene or the surrounding Conservation Area and consequently fail Environment Policy 35, General Policy 2 (b, c and g) and Planning Circular 1/98."
3.3. PA 23/01269/B - Installation of three replacement windows to rear elevation. Permitted.
PLANNING POLICY 4.1. The site is within an area designated by the Isle of Man Strategic Plan in the Area Plan for the East as Predominantly Residential. It is not a registered building but it is within the Selbourne Drive Conservation Area.
4.2. Environment Policy 35 and Planning Policy Statement 1/01 require development to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the area.
4.3. General Policy 2 of the Strategic Plan requires 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: 4.3.1. (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; 4.3.2. (c) does not affect adversely the character of the surrounding landscape or townscape; and 4.3.3. (g) does not affect adversely the amenity of local residents or the character of the locality.
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4.4. Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings.
4.5. Planning Circular 1/98 provides guidance on the replacement of windows and in Conservation Areas states that whatever the frame material, the method of opening on windows visible by the public must replicate the original.
4.6. The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application are Strategic Policy 4(a) and, General Policy 2 (b) (c) (g) and, Environment Policy 35.
4.7. Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
4.8. Planning Circular 1/98 - The Alteration and Replacement of Windows Set
OTHER MATERIAL CONSIDERATIONS 5.1. Legislation 5.2. 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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
5.3. Chapter 5 Architectural Details of The Residential Design Guide (July 2021) is considered materially relevant to the assessment of this planning application:
REPRESENTATIONS 6.1. Below is a summary of the representations received, they can be found in full online.
6.2. Douglas Borough Council - No objection (19.04.2024)
6.3. Highways Services - no interest. (12.04.2024)
ASSESSMENT 7.1. The key considerations in the determination of the application are its impact on the building itself and on the character and appearance of the area. In addition to assessing the proposal against the relevant legislation and policies, the assessment must consider whether the reasons for refusal has been removed adequately to recommend approval. The reason for refusal was, 'The replacement windows will detract the character of the Conservation Area.'
7.2. Character 7.3. The dwellings in the Selbourne area are mostly two storey late Victorian/Edwardian properties with some features of repetition such as slate roofs, quoins, carved or moulded detail on facades and eaves, angular bay windows beneath mono pitch roofs, dual pitch gables, angular sash windows and some 3rd floor windows with curved uppers. Because of its' design, the application property stands out from its' neighbours. The dwellinghouse is 'L' shaped and the south-east gable is flat whilst the north-east gable is hipped as is the western gable, the roof is finished with clay style tiles. There is a first floor window beneath the hip facing onto Albany Road. The windows are lead multifaceted lead light windows, the glass is clear, and without doubt the stand out feature of the dwelinghouse.
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7.4. Influences from the Arts and Crafts movement can be seen throughout the Selbourne Conservation Area and the Conservation Character Appraisal highlights some buildings but not the application site. Nevertheless the existing windows of the application site clearly reflect the Arts and Craft period through the various patterns within the lead work which are more elaborate in the first floor windows than the ground floor windows. The natural patina of the lead and the period glass adds to the effect created during daylight as the light reflects off the various panes of glass making it distinctive. Most notable and prominent are the two bay windows and first floor window; annotated 4, 5 and 6 on the submitted photograph 'corner aspect'.
7.5. A material change from timber to UPVC has become acceptable in many circumstances within a Conservation Area provided the window is to conservation standard. The material change from timber to UPVC ordinarily results in wider casements and this is particularly noticeable where openings exist. The replacement windows proposed in this application appear to preserve the portion of frame and openings but there is insufficient measurements to ascertain clarity and no existing window plan for comparison. The existing lead detail is replaced with an imitation lead uniform pattern within modern glass and UPVC frames, albeit in dark grey/black, would not replicate the existing visual and reason for inclusion within the Selbourne Conservation Area and would detract from the character of the dwellinghouse.
7.6. In applying Section 18(4) of the Town and Country Planning Act (1999) (4) special attention has been be paid to the desirability of preserving or enhancing the character or appearance of the building. In applying great weight to the asset's conservation and the impact of the loss of the windows within the Selbourne Conservation Area, it is considered that the proposal neither protects nor enhances the site. Therefore the reason for refusal has not been addressed; 'The replacement windows will detract the character of the Conservation Area.'
Planning Balance 8.1. As outlined above replacing the most notable and prominent bay windows and first floor window, annotated 4, 5 and 6 on the submitted photograph 'corner aspect', the character of the building would change significantly. Notwithstanding the dimension of the casements and bars within the proposed UPVC, a uniform pattern on the most prominent windows would cause significant harm within the Selbourne Conservation Area.
8.2. The preference for any historic feature is restoration or replacement with the same materials. However when this is not achievable consideration is given to lessening any harmful impact. The public benefit outcome could be that the life of the building is maintained as a result of making it habitable for modern living.
8.3. The applicant has stated that finding skills on Island to replicate the windows has been unsuccessful thus far. However details of why the windows cannot be repaired are not provided. No special circumstances have been presented as to why the replacement windows would be acceptable and no public benefit is observed.
8.4. Therefore in weighing up the planning balance the significant harm is not outweighed.
CONCLUSION 9.1. As a result of the cumulative loss of the character of the timber and multifaceted lead lights, particularly the most prominent, windows annotated 4, 5 and 6, the proposed replacement windows would cause significant harm to the character of the building and the reason for the buildings inclusion within the Selbourne Conservation Area. Having regard to Section 18(4) of the Town and Country Act (1999) it is considered that the proposal would cause significant harmful to the Selbourne Conservation Area.
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9.2. By virtue of the above conclusion the proposal does not accord with General Policy 2, and Environment Policy 35 of the Isle of Man Strategic Plan 2016 nor the Residential Design Guide July 2021. Therefore the application is recommend for refusal.
INTEREST PERSON STATUS 10.1. 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 which 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.
10.2. 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 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 : Refused Date: 21.05.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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