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24/00559/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00559/B Applicant : Ms Yvonne Boyd Proposal : Installation of five replacement windows to front elevation and one replacement window to rear elevation Site Address : 29 Lancaster Road Douglas Isle Of Man IM2 5BB
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.07.2024 __
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. Having regard to Section 18(4) of the Town and Country Act (1999), Planning Policy Statement 1/01 and Planning Circular 1/98 the proposal would preserve this area of the Conservation Area and accords with the aims and objectives of Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016 and the Design Guide.
Plans/Drawings/Information;
This decision relates to the following detail, plans and drawings on the date stated;
o Location plan (03.05.2024) o Photograph identifying each window (12.07.2024). o Window specification Manx Glass and Glazing dated 11.04.2024 (12.07.2024) o Window brochure (03.05.2024). __
Interested Person Status - Additional Persons
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None __
Officer’s Report
THE SITE
1.1. The application site relates to a terraced dwellinghouse, no.29 Lancaster Road Douglas. The dwellinghouse is situated on the south side of the road. The building is brick built / faced with slate roof and incorporates brick detailing including battlement parapets around the bay windows across the adjoining dwellinghouse.
1.2. The houses are separated from the road by front gardens and a brick wall. Opposite the site is the playing fields associated with St.Ninians High School.
THE PROPOSAL
2.1. Having replaced windows previously, this application proposes new replacement windows, 5 windows on the front elevation and one on the rear elevation.
PLANNING HISTORY 3.1. 03/00405/B - Installation of uPVC windows to rear elevation to replace existing. Permitted. 3.2. 03/00405/PART - Installation of uPVC windows to replace existing to the front elevation. Refused. 3.3. 03/01482/B - Installation of timber sliding sash windows to replace existing on front elevation. Permitted.
PLANNING POLICY
4.1. The site is not a Registered Building and there are no protected trees on site nor are there any of either within its' setting. The site is not within a flood zone.
4.2. The site lies within an area designated on the Area Plan for the East as predominantly residential and within the Selbourne Drive Conservation Area therefore the following Policies and documents from the Isle of Man Strategic Plan 2016 are considered to be relevant in the determination of this application.
4.3. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
4.4. Environment Policy 35 states that 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. General Policy 2 of the Strategic Plan 2016: 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; and (g) does not affect adversely the amenity of local residents or the character of the locality.
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5. Other Material Considerations
5.1. 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".
5.2. Planning Policy Statement 1/01 states that 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.
5.3. Planning Circular 1/98; The alteration and replacement of windows, the policy for Category B 'buildings in conservation areas' states, ''If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be 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'.
5.4. The Residential Design Guide provides guidance on all aspects of design including architectural guidance to ensure retention of the existing character of a building that includes attention to detail of scale, position, symmetry, glazing, materials and texture, and consideration of the impacts upon residential amenity.
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 (24.05.2024)
6.3. Highways Services - No interest (17.05.2024)
6.4. Manx Heritage, although consulted on 10.05.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
6.5. Manx Utilities, Electricity, although consulted on 10.05.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
6.6. Registered Buildings, although consulted on 10.05.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
ASSESSMENT
7.1. Given the land designations, in accordance with Section 18(4) of the Town and Country Act (1999) special attention is given to assessing whether the proposal preserves and or enhances the Conservation Area. As part of that assessment Planning Circular 1/98 and Planning Policy Statement 1/01 are applicable, as are the aforementioned Policies.
7.1.1. The main considerations are whether the proposal at least preserves the character of the dwellinghouse and as such the Conservation Area, anything less is unacceptable.
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7.2. The fenestration of the rear elevation window is retained but the opening is changed from a bottom opener to a top opener. This small window is on the rear and would not result in any adverse impact on the property character or the conservation area.
7.3. The fenestration of all the replacement UPVC windows on the front elevation is proposed to reflect the existing timber windows in so much as the pattern and section of glazing bars, and frame sections. The windows will be a different opening because the existing is sash and the proposed is mock sash with a top opener. Therefore the proposal does not wholly accord with Planning Circular 1/98.
7.4. In consideration of the test as to whether the proposal would harm the conservation area and should therefore be refused, the wider streetscene of the terraced row are relevant.
7.5. Within the streetscene in near and distant views from the site the majority of windows at ground floor and first floor have been replaced with UPVC frames. In addition, although each window has not been individually inspected, there appears to be a mix of top openers and bottom openers. Overall the common retained theme is the mid-section glazing bar and this is replicated within the proposal. Therefore the proposal continues to preserve the characteristic within the conservation area.
CONCLUSION
8.1. Taking account of Section 18(4) of the Town and Country Act (1999), Planning Policy Statement 1/01 and Planning Circular 1/98, the proposal does fulfil the criteria.
8.2. In weighing up the planning balance, with the above assessments in mind, the proposal would not cause adverse harm to the conservation area nor the inclusion of the property within it. Therefore would preserve the conservation area and is acceptable.
8.3. The proposal adequately accords with the aims and objectives of Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016 and the Design Guide.
INTEREST PERSON STATUS
9.1. 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.
9.2. 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. __
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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: 22.07.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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