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24/91074/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91074/B Applicant : Ms Susan Cremin Proposal : Installation of replacement windows Site Address : 22 Athol Street Douglas Isle Of Man IM1 1JA
Technical Officer: Tom Sinden Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.11.2024 __
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 proposals are considered to be in accordance with Section 18 of the Town and Country Planning Act, together with Strategic Policy 4 and Environment Policy 35 of the Strategic Plan, and policy CA/2 of Planning Policy Statement 1/01 as the replacement windows are judged to be such that the character and appearance of the Athol Street/Victoria Conservation Area is being preserved. Furthermore, it is judged that the application meets the tests of General Policy 2 within the Strategic Plan as the proposals respect the form and design of the existing building. Although traditional materials are not being used as preferred by Environment Policy 34, the proposed windows are judged to be acceptable in this instance as the guidance within Planning Circular 1/98 is being followed. The application is therefore judged to be acceptable.
Plans/Drawings/Information; This decision relates to the window specification details submitted on 18.9.2024. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
D.O.I. Highways - No objection Douglas Borough Council - No objection __
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24/91074/B Page 2 of 4
Officer’s Report
1.0 THE SITE
1.1 The site is 22 Athol Street, Douglas. The property is located within the Athol Street/Victoria Street Conservation Area.
2.0 THE PROPOSAL
2.1 This application seeks planning approval to replace the front elevation windows at ground, first and second floors, and all of the windows on the rear elevation. The front elevation basement windows have been replaced under application 18/00053/B.
3.0 PLANNING POLICY
The property is located within Mixed Use Proposal Area 4 St George's on map 5 of the Area Plan for the East 2020, and within the Athol Street/Victoria Street Conservation Area. The site is not at risk of flooding according to the Department of Infrastructure's Flood Risk Viewer.
3.1 TOWN AND COUNTRY PLANNING ACT 1999
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.
3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2 Strategic Policy 4 Environment Policy 35
3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
3.4 Planning Circular 1/98 provides advice on the replacement of windows and suggests in Conservation Areas the method of opening is more important than the frame material but the original method of opening should be replicated where the originals are in place.
4.0 PLANNING HISTORY
4.1 The site has been subject of the following applications:
Reference Number: 18/00053/B Status: Permitted Proposal: Installation of replacement windows to front elevation basement office
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24/91074/B Page 3 of 4
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (26.9.2024).
5.2 Douglas Borough Council had stated that they have no objections to the proposals (27.9.2024).
6.0 ASSESSMENT
Statutory Test 6.1 Section 18 of the Act requires the Department to pay special attention to the desirability of preserving or enhancing the character or appearance of any conservation area in the exercise of any powers under the Act. In this instance, the application proposes to replace the existing front and rear elevation windows at ground, first and second floor levels. The front elevation single glazed timber framed windows would be replaced with double glazed uPVC framed windows in a style, glazing pattern and opening method that would match the existing. The rear elevation existing windows are a mixture of casement opening and sliding sash units, all with timber frames. The rear windows are proposed to be replaced with casement opening uPVC framed windows, generally with a glazing pattern that would be similar to the existing but with two existing Georgian bar windows being replaced with one-over-one casement opening windows. The property's rear elevation is judged to be in a positon, form and style that I judge it to make no significant contribution to the special character of the conservation area. As such, the proposed replacement rear windows are judged to preserve the character and appearance of the conservation area. The front elevation windows are judged to be in a style, form and location (fronting Athol Street) that make a significant contribution to the character and appearance of the conservation area. Although the replacement of the timber framed windows with UPVC framed units would remove elements of historic fabric, the windows comply with the guidance within Planning Circular 1/98, and as such current adopted policy judges these units to preserve the character and appearance of the conservation area.
Policy Tests 6.2 As outlined in sections 2.1 and 6.1, this application proposes to replace the existing front and rear elevation windows at ground, first and second floor levels. The rear elevation existing windows are a mixture of casement opening and sliding sash units, all with timber frames. The rear windows are proposed to be replaced with casement opening uPVC framed windows, generally with a glazing pattern that would be similar to the existing but with two existing Georgian bar windows being replaced with one-over-one casement opening windows. Although the rear of the property is visible from the rear lane (St George's Walk), I do not judge this elevation to make any significant contribution to the character or appearance of the conservation area. Although the proposed rear windows do not all comply with the guidance within Planning Circular 1/98, I judge that the windows as proposed would cause no substantial harm to the character of the conservation area, and that therefore the character of the conservation area would be preserved.
6.3 The front elevation single glazed timber framed windows would be replaced with double glazed uPVC framed windows in a style, glazing pattern and opening method that would match the existing. Although the replacement of the timber framed windows with UPVC framed units would remove elements of historic fabric, the windows comply with the guidance within Planning Circular 1/98 as the glazing pattern, style and opening method of the windows would match the existing. With this in mind, currently adopted planning policy is such that the replacement windows are judged to preserve the character of the conservation area.
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24/91074/B Page 4 of 4
7.0 CONCLUSION
7.1 The proposals are considered to be in accordance with Section 18 of the Town and Country Planning Act, together with Strategic Policy 4 and Environment Policy 35 of the Strategic Plan, and policy CA/2 of Planning Policy Statement 1/01 as the replacement windows are judged to be such that the character and appearance of the Athol Street/Victoria Conservation Area is being preserved. Furthermore, it is judged that the application meets the tests of General Policy 2 within the Strategic Plan as the proposals respect the form and design of the existing building. Although traditional materials are not being used as preferred by Environment Policy 34, the proposed windows are judged to be acceptable in this instance as the guidance within Planning Circular 1/98 is being followed. It is therefore recommended that the application be approved.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal. __
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: 06.11.2024
Determining Officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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