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24/00739/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00739/B Applicant : Mr & Mrs Samuel & Natalie Prince Proposal : Installation of replacement windows Site Address : Dorian 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:
Permitted Date of Recommendation: 01.08.2024 __
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. The proposal replicates the existing windows in proportion, design and openings therefore, 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 preserves the Selbourne Drive Conservation Area and is acceptable.
The proposal 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 received on the 2nd of July 2024; o Location Plan o Site Plan o Covering Letter o Fairmitre Windows Quotation dated 25.03.2024 to be read in conjunction with the Windows Spreadsheet. __
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE SITE
1.1. The site is relates to no.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 Selbourne Drive and Albany Road boundaries.
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 and 2024 which were refused for similar reasons pertaining to the lack of detail replicated within the proposed new 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 colour on the existing frames and with bars to mimic the existing lead detail.
2.3. The applicant has stated 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 suitable 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
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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. 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.
4.2. Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced.
4.3. Strategic Policy 4: Proposals for development must protect or enhance the fabric and setting of buildings within a Conservation Area.
4.4. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
4.5. 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.
4.6. 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 meets the relevant criteria (a) to (n) of which the following are considered pertinent to this assessment:
(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.
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 (Chapter 5) 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.
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6. Representations
6.1. Below is a summary of the representations received, they can be found in full online.
6.2. Highways Services - no interest. (12.07.2024)
6.3. Douglas Borough Council - No objection (12.07.2024).
6.4. Manx National Heritage - although consulted on 02.07.2024, 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. Registered Buildings - although consulted on 02.07.2024, 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. Manx Utilities - although consulted on 02.07.2024, 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.
7.2. 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.
7.3. And whether the reasons for refusal have been removed adequately to recommend approval. The most recent reason for refusal was, '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.'
Character
7.4. 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.
7.5. The application site stands out in the streetscene because of the detailed multifaceted lead windows which are without doubt the standout feature of the 'L' shaped multi-hipped dwellinghouse.
7.6. Prevalent throughout the Conservation Area is the influence of the Arts and Craft movement which is highlighted within the Conservation Character Appraisal. The existing windows of reflect the Arts and Craft period and form a significant and key feature of the
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existing property linking it with the character of the surrounding area. If these windows were to be lost or replaced with poor or unacceptable alternatives the dwelling would stand further apart from its neighbours and likely draw negative attention to it and consequently away from those properties that better contribute to the positive character of the Conservation Area.
Windows Changes
7.7. The previous application to this proposed replacement UPVC windows which generally preserved the portion of frame and openings but did not include adequate lead replication.
7.8. The proposal remains to replace timber with UPVC in a dark colour to mimic the existing painted black timber. Over recent years, UPVC windows have improved and the use of UPVC within Conservation Areas has become acceptable. Generally UPVC windows have a wider frame, particularly where openings occur, as such they appear to double up creating wider horizontal bars. Therefore even if the opening methods and glazing patterns match the existing there is potential to detract from the existing appearance of the property around openings. 7.9.
7.10. Following discussion and extensive detailing by the applicant, this submission proposes detail that replicates the existing multifaceted lead glazing.
Conservation Areas Statutory Test
7.11. In comparison to the 2023 and earlier 2024 submission, this submission has removed the key reason for refusal.
7.12. The proposal replicates the openings and crucially includes replicated leaded panes within the casements.
7.13. There will be a noticeable difference because the glass is modern and it will be level, compared to the uneven texture of lead glazing over time. The impact will be most noticeable as people pass the building because the light will not reflect as it does now. However the overall visual appearance of leaded windows within a dark frame will provide a similar visual to that which exists. Therefore it is considered that the proposal would cause less than substantial harm and overall preserve the character of the building and the Conservation Area.
7.14. Planning Balance
7.15. 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 is that the life of the building is maintained as a result of making it habitable for modern living without adversely impacting the character. Therefore in weighing up the planning balance the less than substantial harm is outweighed by improvements to the living conditions within the building.
CONCLUSION
8.1. The loss of the timber frames and single pane glass leaded windows is regrettable. The proposed design and method are considered to replicate that which exists as best achievable. Taking account of Section 18(4) of the Town and Country Act (1999), Planning Policy Statement 1/01 and Planning Circular 1/98 the impact of the replacement windows would cause slight harm but would preserve the overall character of the dwelling and not harm the Conservation Area to a level that would warrant a refusal.
INTEREST PERSON STATUS
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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. __
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: 01.08.2024
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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.
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