209602

==== PAGE 1 ====

                                      24/90955/B                                     Page  1  of  6

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/90955/B Applicant : Miss Chris Kelly Proposal : Installation of replacement windows Site Address : Flat 9 Keighley House 59 Loch Promenade Douglas Isle Of Man IM1 2NA

Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 13.12.2024 __

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 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 Conservation Area.

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 9th of September 2024; unless otherwise stated.

o Site Location plan o Numbered photograph for window identification o Window specification Quote by LD Glazing dated 13/12/2024

__

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

==== PAGE 2 ====

                                      24/90955/B                                     Page  2  of  6

DOI Highway Services - No Interest Local Authority - No Objection __

Officer’s Report

1.0 THE SITE 1.1 The site is the curtilage of Flat no.9 within Keighley House, no.59 Loch Promenade, which is a multi-storey mid-terrace property fronting onto the Promenade in Douglas. The application relates to the front and rear windows of flat 9 which is on the 5th floor.

1.2 The fenestration on front façade is mixed in so much as the ground floor windows are angular similar to windows on the 4th floor and one on the 5th floor. The other windows have arched tops. All the windows are sash opening. All the windows white are finished white in colour and have mouldings around them to varying degrees of elaboration.

1.3 The property is separated from Central Promenade by the road.

2.0 THE PROPOSAL 2.1 The initial submission to replace window (1) and (2) with angular window frames has been amended. As such the assessment is made on the amended scheme which is to replace two windows on the front elevation, one arched (1) and one angular (2); and one angular window on the rear elevation (3).

2.2 Numbered photographs of the existing windows and details of the proposed replacement windows have been submitted in support of the application. The quotation provided dated 31/05/2024 states that window no.1 would not have a 'swept arch top' but would be angular like window no.2. This has been superseded by the details submitted on 13/12/2024.

3.0 PLANNING POLICY 3.1 The site is not a Registered Building and there are no protected trees on site nor are there any of either within the sites setting. The site is within an area of medium to high likelihood of risk to surface water flooding.

3.2 The site lies within an area designated as Mixed Use (Villa Marina Gateway) within the Town Centre in the Area Plan for the East (2020), Proposals Map 5, Douglas Town Centre.

3.3 The application site is within the Douglas Promenade Conservation Area.

As a result of the above, the following Policies and documents from the Isle of Man Strategic Plan 2016 are considered most relevant in the determination of this application.

o Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced.

o Strategic Policy 4: Proposals for development must protect or enhance the fabric and setting of buildings within a Conservation Area.

o Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.

o 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

==== PAGE 3 ====

                                      24/90955/B                                     Page  3  of  6

Area and will ensure that the special features contributing to the character and quality are protected against inappropriate development.

o 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 meets the relevant criteria. In this instance (b) and (c).

(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.

4.0 Other Material Considerations 4.1 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".

4.2 Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) Policy CA/2, (Conservation Areas); states that "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." 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.

4.3 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'. The main focus can be summarized into three points: o windows visible from a public highway have higher priorities than other windows;

o opening method of a window is more important than other design features;

o patterns and frame are less important if not visible;

4.4 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. Section 5.2 specifically relates to doors and windows. It is stated that style of existing windows should be identified, vertical or horizontal, and that replacement windows and doors should reflect the style and opening of the original windows.

5.0 PLANNING HISTORY 5.1 There are no planning application associated specifically to the application site, however there are other planning applications associated with the building. The application below is considered to be materially relevant for the assessment and determination of this application.

o 21/00121/B - Flat 8 Keighley House. Permitted.

==== PAGE 4 ====

                                      24/90955/B                                     Page  4  of  6

6.0 REPRESENTATIONS o Douglas Borough Council - No objection (20.09.2024)

o Highways - No interest (13.09.2024)

o Manx National Heritage - although consulted on the 10.09.2024, 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.

o Registered Buildings - although consulted on the 10.09.2024, 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.

7.0 ASSESSMENT 7.1 The principle of replacing windows in a Conservation Area is generally acceptable provided the test of Section 18(4) of the Town and Country Act (1999) is met in so much as the replacement windows preserve or enhance the character of the Conservation Area. Therefore the key considerations are whether the proposal protects and or enhances the character of the dwelling and therefore the Conservation Area.

7.2 Impact upon the dwelling

7.21 In respect of the proposed rear elevation window the replacement is not readily visible from a public thoroughfare and is considered acceptable.

7.2.2 The front façade of the building is characterised by the fenestration and detailed mouldings around and between them. Specifically relating to this application, windows numbered 1 and 2 have mouldered pillars either side of each window and window no.1 has a swept arch top / dormer style top whilst window no.2 is an angular oblong shaped window. Both sliding sash. Although on the 5th floor of the building, these windows play an important role in the characterisation of the fenestration of the building and terrace as a whole.

7.2.3 The proposed windows are to be white uPVC sash windows which is considered an acceptable material given the location.

7.2.4 The amended proposal proposes insertion of sash uPVC windows with the same opening and frame therefore the proposal accords with Planning Circular 1/98. As a result the proposal accords with General Policy 2 because the proposal respects the character of the site and as such would not adversely affect the character of the site.

7.3 Impact upon the Conservation Area

7.3.1 Because of the proximity to Douglas Promenade the façade of the terraced property plays an important role within the character of the Douglas Promenade Conservation Area. The fenestration pattern together with mouldings are distinctive. The grandeur of fifth floor windows and mouldings varies however there is a pattern of sorts comprising a mix of angular and swept arch windows above a moulded shelf.

7.3.2 Windows numbered 1 and 2 have mouldered pillars either side of the window and window no.1 has a swept arch top / dormer. The windows are on the highest floor therefore slightly less conspicuous than the lower, larger windows. However they play an important role within the character of fenestration in the terrace.

7.3.3 Replacement timber sash windows on the front elevation to enhance the character of the dwelling in the Conservation Area are preferred. However uPVC has become more widely acceptable and used within Conservation Areas where appropriate. Taking account of the

==== PAGE 5 ====

                                      24/90955/B                                     Page  5  of  6

location and position of the windows, the use of uPVC is in this instance is considered acceptable.

7.3.4 The proposal was to insert angular sash windows in both windows. The sash element is acceptable as is the angular design within window no.2. However the angular design is unacceptable for window no.1 and would be contrary to the aforementioned policies.

7.3.5 The revised scheme to insert uPVC sliding sash windows, one swept arch one angular replicates the existing fenestration and is considered to meet the test of Section 18(4) of the Town and Country Act (1999).

8.0 CONCLUSION 8.1 The proposed replacement windows replicate the existing fenestration design therefore would preserve the visual character of the building. In preserving the character of the building, the character of the Conservation Area is preserved. Therefore the proposal meets the test of Section 18(4) of the Town and Country Act (1999) and accords with Planning Policy Statement 1/01 and Planning Circular 1/98, Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide.

8.2 The application is considered to comply with General Policy 2, Environment Policy 35, and Circular 1/98. It is considered acceptable and is recommended for approval.

8.3 For the reasons given above this application is recommended for approval.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 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).

9.2 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.

9.3 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.

9.4 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.

9.5 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.

__

==== PAGE 6 ====

                                      24/90955/B                                     Page  6  of  6

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: 17.12.2024

Determining Officer Signed : J SINGLETON

Jason Singleton

Principal Planner

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.