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24/00840/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/00840/B Applicant : Scotland House Limited Proposal : Installation of replacement windows and doors Site Address : Scotland House 13 North Quay Douglas Isle Of Man IM1 4LE
Planning Officer: Paul Visigah Photo Taken : 23.09.2024 Site Visit : 23.09.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.09.2024 __
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.
C 2. The development hereby approved shall be carried out strictly in accordance with the door and window details shown on the approved plans Drawing No. 07 received 19 July 2024, and shall be retained as such thereafter.
Reason: To take account of the particular planning circumstances of the development hereby approved and to safeguard the character and appearance of the Conservation Area.
This application has been recommended for approval for the following reason. It is judged that the proposals meet the test of Section 18 of the Town and Country Planning Act 1999, as well as Environment Policies 34 and 35, Strategic Policy 4, and General Policy 2 of the Isle of Man Strategic Plan 2016, as they will protect and preserve the character and appearance of the Conservation Area, and the character of the surrounding townscape is not being adversely affected.
Plans/Drawings/Information;
This decision relates to the following documents and plans: o Planning Statement o Drawing No. 01 Location Plan o Drawing No. 02 Existing Site Plan
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o Drawing No. 03 Existing Floor Plans o Drawing No. 04 Existing Floor Plans o Drawing No. 05 Existing Elevations o Drawing No. 07 Proposed Elevations __
Interested Person Status
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations: o Flood Management Division (DOI) __
Officer’s Report
1.0 THE SITE 1.1 The site is the curtilage of Scotland House, North Quay, Douglas, a 19th century three- storey mid-terrace property located on the north of North Quay, close to its junction with Bank Hill.
1.2 The Site is located within an area of high risk of tidal flooding. The site is designated as Mixed Use within the Area Plan for the East. The property is located within the North Quay Conservation Area. The site is prone to high surface water flood risks and high river and tidal flood risks.
2.0 THE PROPOSAL 2.1 The application seeks approval for Installation of replacement windows and doors. The existing windows on the front and rear elevations of the dwelling are to be replaced with new Hardwood custom-made sash windows, with 18mm toughened double glazed units, frames painted colour RAL 7016 - anthracite grey, matt finish, Manufacturer: N&W Joinery limited.
2.2 The existing single pane window on the ground floor front elevation will also be replaced with a new Zinsser Hardwood custom-made unit to replicate window at 14 North shop front (shown in photo 03 on Drawing 05).
2.3 The existing single door to the front elevation of the property will also be replaced with new Zinsser Hardwood custom-made door to replicate 14 North shop front (refer to photo 05), with 18mm toughened double glazed units, painted colour RAL 7016 - anthracite grey, matt finish Manufacturer: N&W Joinery limited.
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The site is within an area designated as Mixed Use (The Quayside) in the Area Plan for the East, and the site is within the North Quay Conservation Area.
3.2 TOWN AND COUNTRY PLANNING ACT 1999 3.2.1 S18 Designation of conservation areas (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.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 a. General Policy 2 - General Development Considerations. b. Strategic Policies 3 and 5 - promote good design and use of local materials and character.
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c. Strategic Policy 4 - Seeks to Protect or enhance the fabric and setting of Conservation Areas (etc.). d. Environment Policy 34 - Preference for the use of traditional materials in the maintenance, alteration or extension of pre-1920 buildings. e. Environment Policy 35 - Seeks to preserve or enhance the character or appearance of Conservation Areas. f. Environment Policy 42 - character and need to adhere to local distinctiveness. g. Environment Policy 10 and 13 - Development and flood risk.
3.4 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN 3.4.1 POLICY CA/2 - Special Planning Considerations
3.5 Planning Circular: 1/98 THE ALTERATION AND REPLACEMENT OF WINDOWS 3.5.1 Category b) BUILDINGS IN CONSERVATION AREAS Policy 6: "If the original windows are in place they should preferably be repaired. If repair is 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 and the same frame sections as the original windows.
Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."
4.0 OTHER MATERIAL PLANNING CONSIDERATIONS 4.1 Residential Design Guide (2021) 4.1.1 This document provides advice in Section 5 for Architectural Details, while section 2 deals with and sustainable methods of construction.
4.2 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.
4.0 PLANNING HISTORY 5.1 The property has been the subject of the following previous planning applications which are considered relevant in the assessment and determination of the current application.
PA 11/00869/B for Erection of an extension to rear yard - Approved. Works involved the installation of a new casement window on the extension within the rear yard which is completely enclosed.
PA 22/00880/B for Conversion of office building (class 2.1) to mixed use office and residential (class 3.3) involving alterations including removal of rear extension; new rear extension and fire escape stair; replacement windows, roof finish including solar slates and rainwater goods; new roof lights and entrance frontage - Approved. New windows were proposed to be installed within this scheme.
PA 23/00083/B for Alterations including removal of rear extension; new rear extension; replacement windows, roof finish including solar slates and rainwater goods; new roof lights and entrance frontage and change of use from office to residential - Approved. Proposed works included window replacements.
6.0 REPRESENTATIONS
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Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 DOI Highways have no Interest (2 Aug 2024).
6.2 DoI Flood Risk Management Division does not oppose the application. However, they note that the property is within an area that is subject to regular tidal flooding, and suggest that the ground floor doors offer protection to water ingress or that other flood mitigations are employed (5 August 2024).
6.3 Douglas Borough Council have no objection to the application (9 August 2024).
6.4 No comments have been received from neighbours.
7.0 ASSESSMENT 7.1 The fundamental issue to consider with this application is whether the proposal would result is any adverse impact on the character or appearance of the existing property or the wider street scene, and Conservation Area (GP2, EP35, PC1/98, PPS 1/01, S18 of the Act and RDG). 7.2 No new apertures would be introduced within the proposal, as the works would only involve the installation of new windows and doors to improve the thermal efficiency and appearance of the building. As such, it is not considered that the scheme would result in adverse impacts on neighbouring amenity.
7.3 Statutory Test - Section 18 (4) 7.3.1 In terms of compliance with Section 18 (4) of the Act, it is not considered that this proposal would conflict with that objective and as such the application will be considered in the context of the policies as set out below and within section 3 of this report.
7.4 IMPACT ON CHARACTER AND APPEARANCE (EP 35 & 34, STP 4, PPS 1/01, & PC 1/98) 7.4.1 In assessing the potential impacts of the proposal on the character and appearance of the site and Conservation Area, it is noted that the existing windows on the front elevation are to be replaced with new timber sliding sash windows of similar proportions and style. No glazing bars are to be included as the existing windows on the front elevation do not have glazing bars. Given that these works to the front would safeguard the historic interest of the property when viewed from key public views along the adjoining street scenes, and ensure it remains a positive contributor to the Conservation Area, it is considered that the resultant visual impact would be acceptable, and the scheme would preserve the character of the Conservation Area.
7.4.2 In terms of the works to install the replacement windows at the rear, it is considered that this element of the proposal would largely see the replacement of the existing UPVC top- hung casement windows (some with glazing bars), with new timber sliding sash windows, which would serve to preserve the appearance of the dwelling when viewed from the rear, although these works are deemed not to impact the character and appearance of the Conservation Area nor the overall street scene being situated within the rear yard and at a position that is not readily visible from a public thoroughfare. Whilst there is a minor change to the proportion of one of the windows to the rear via alterations to the proportion of a second floor window (from 40/60 proportions to 50/50 proportions), the removal of glazing bars on two of the windows to the rear, as well as the change in the opening pattern for these windows from top-hung casement window to sliding sash windows, this change will result in all the windows to the rear having similar 50/50 proportions and glazing bars; thus creating a uniform and cohesive appearance throughout the rear of the dwelling.
7.4.3 In the case the door to the front elevation, the replacement front door is proposed to be a Timber Hardwood custom-made door to replicate 14 North shop front. Whilst this door is
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not similar to the existing door as the style is not like for like with the existing front door, the proposed style is judged to be an improvement on the existing in terms of design and appearance being a timber door which is more reflective of the original door here, and as such considered to sufficiently be in keeping with the dominant door styles within the immediate street scene. As such, this element of the works would enhance the character and appearance of this part of the Conservation area.
7.4.4 The replacement back door would also be acceptable, being a timber door which is an improvement over the existing door, thus improving the appearance of the property, although having a negligible impact on the property and Conservation Area, as it is confined to an enclosed rear yard.
7.4.5 Further to the above, all the new window and door units would be timber hardwood units, which would be in keeping with the requirements of Environment Policy 34 which stipulates a preference for the use of traditional materials in the maintenance, alteration or extension of pre-1920 buildings, such as the application property.
7.4.6 Overall, it is considered that the proposals would preserve the character and appearance of the dwelling and Conservation Area, thus according with Environment Policies 34 and 35, Strategic Policy 4, and General Policy 2(b, c and g) of the Strategic Plan, and PPS 1/01.
7.5 OTHER MATTERS - FLOOD CONCERNS (EP 10, EP 13 & GP 2) 7.5.1 In terms of flood risks associated with the development, it is noted that the site is within an area associated with high surface water, as well as river and tidal flood risks. However, the DOI Flood Risk Management do not object to the application, although they suggest that that the ground floor doors offer protection to water ingress or that other flood mitigations are employed.
7.5.2 Notwithstanding the potential flood vulnerabilities of the site, the fact that application is a commercial premises which has transient occupancy and as there is no sleeping accommodation on the ground floor, it is not considered that the scheme would increase flood vulnerabilities for the occupants of the property beyond that which is currently attainable at the site. It is also noted that the new doors which are timber units would offer improved water tightness of the current doors, whose efficiency may have dropped over time, being insitu for long periods.
7.5.3 Perhaps, it would be vital to state that the policy test (as stipulated in EP 13) is whether the proposal would result in an unacceptable risk from flooding, either on or off-site. As such, given that the ground floor level of the property would not be altered, and as the new door units would be firmer and offer more tightness that the existing doors, it is considered that the proposal in its current form would align with the requirements of Environment Policies 13 have been met in the current case.
8.0 CONCLUSION 8.1 Overall, it is judged that the proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, as well as Environment Policies 34 and 35, Strategic Policy 4, and General Policy 2 of the Isle of Man Strategic Plan 2016, as they will enhance the character and appearance of the Conservation Area, and the character of the surrounding townscape is not being adversely affected.
9.0 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);
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(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 and/or rights to appeal.
Decision Made : Permitted
Date: 01.10.2024
Determining Officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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