DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91046/B Applicant: Mr Kevin & Mrs Christine Cringle Proposal: Installation of replacement windows and door Site Address: 15 Allan Street Douglas Isle Of Man IM1 3DQ Principal Planning Officer: Belinda Fettis Recommended Decision: Permitted Date of Recommendation: 09.10.2024 _________________________________________________________________

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 applied the Statutory Test of Section 18(4) of the Town and Country Planning Act (1999) and having regard to Planning Statement 1/01 and CA/2, the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016, the proposal is acceptable.

Plans/Drawings/Information;

This decision relates to the following detail, plans and drawings received on the 6th of September 2024;

• o Location Plan
• o Site Plan
• o Window and Door Specification Schedule Quote by LD Glazing dated 05/09/2024. _______________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection

___________________________________________________________________ Officer’s Report

- 1. THE APPLICATION SITE

• 1.1. The application site is within the curtilage of no.15 Allan Street Douglas, a two storey mid terraced property. The site is located towards the end of Allan Street where it meets Merton Bank; the front entrance being on Allan Street and the rear access being from Clarke Street Lane.
• 1.2. The property is a traditional two storey terrace which in this location are mostly finished externally with painted render. The windows on the front elevations are mostly mock sash top opening casement windows in uPVC.

- 2. THE PROPOSAL

• 2.1. The application seeks approval for the replace existing UPVC front windows and rear door with new, uPVC equivalents.
• 2.2. The application is supported by photographs of the existing and explanation of attempts to repair the existing which has resulted in a request for new replacements. Windows numbered 1, 5 and 6 relate to those on the front façade which is the most widely visible elevation.
• 3. PLANNING POLICY Site Specific

• 3.1. In terms of local plan policy, the site is located within an area identified as being 'Predominantly Residential' on the Area Plan for the East Proposals Map 5 Douglas Town Centre.

• 3.2. The site is close by the Woodbourne Road Conservation Area but is not within a Conservation Area nor within any visual into or out of the Conservation Area.

• 3.3. The site is not within a flood zone, nor does the site impact upon a Registered Building or protected tree. Strategic Plan
• 3.4. In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:

• 3.4.1. General Policy 2 states: "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:

- 4. OTHER MATERIAL CONSIDERATIONS

• (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;
• (d) does not affect adversely the amenity of local residents or the character of the locality;

4.1. The Residential Design Guide provides guidance on all aspects of design includingarchitectural guidance to ensure retention of the existing character of a building that includesattention to detail of scale, position, symmetry, glazing and texture.

• 4.2. 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. PLANNING HISTORY

• 5.1. The previous applications associated with the site are not considered material to the assessment of this application.
• 6. REPRESENTATIONS

• 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. Local authority

• o Douglas Borough Council - No objection (20.09.2024) Statutory Bodies
• o Highways - No interest (13.09.2024).

- 7. ASSESSMENT

• 7.1. Principle The site is within an area designated as Predominantly Residential therefore in principle the proposal is acceptable.

• 7.2. Taking account of the aforementioned location observations and relevant policies, the main consideration in assessing this application is whether the design of the proposal would be harmful to the existing character.
• 7.3. Design

• 7.3.1. The existing windows on the front and rear elevations and the rear door are uPVC.
• 7.3.2. In respect of the replacement uPVC rear door, the existing rear door has no special characteristics. The new door is of a similar design and would have a neutral impact upon the property.
• 7.3.3. In respect of the replacement uPVC rear windows, these are proposed with the same method of opening and dimensions therefore the proposal would have a neutral impact upon the property.
• 7.3.4. In respect of the windows on the front elevation, these are also proposed with the same method of opening and dimensions therefore the proposal would have a neutral impact upon the property.

- 8. CONCLUSION

• 8.1. Causing a neutral impact, the proposal is considered to be acceptable in respect of design and visual impact upon the character of the property and the wider locality.

• 8.2. For the above reasons the proposal is considered to accord with the Design Guide and General Policy 2 of the Isle of Man Strategic Plan 2016 and is therefore acceptable.
• 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. _____________________________________________________________________

I can confirm that this decision has been made by the Acting Head of Development Management 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: 11.10.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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