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24/91148/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91148/B Applicant : Mr & Mrs Craig & Lisa Hodgson Proposal : Installation of replacement windows Site Address : 6 Woodbourne Villas Alexander Drive Douglas Isle Of Man IM2 3QG
Principal Planning Officer: Belinda Fettis Photo Taken : 24.10.2024 Site Visit : 24.10.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 28.11.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. By virtue of the loss of the existing 2/3-1/3 ratio windows the proposal would cause undue harm to the character of the dwelling and the character of the terrace within the Conservation Area. The proposal fails the test of Section 18(4) of the Town and Country Planning Act (1999), is contrary to Strategic Policy 4, General Policy 2(c)(g), Environment Policy 35 and Planning Policy Statement 1/01, Planning Circular 1/98 and the Residential Design Guide (July 2021), Chapter 5. __
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal:
Officer’s Report
THE SITE
1.1. The application site is a mid-terraced dwelling within the curtilage of no. 6 Woodbourne Villas on Alexander Drive, Douglas. The dwelling is separated from the road by a small garden with low walls, as such the dwellings in the terrace are prominent in the street scene. The dwelling overlooks a public garden area opposite.
1.2. Except for some missing vertical mid-bars the application site is typical of the original characteristics within the terrace.
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24/91148/B Page 2 of 5
1.3. The terrace is characterised by the dual pitch dormers, shared chimney stacks, pattern of sash windows and tiled roof that stretches across the bay window of two dwellings at a time.
1.4. The eaves of dual pitch dormers are decorated with ornate timber boards, some of which have been replaced with simple boards.
1.5. Although there are some variations the overarching fenestration pattern is the same and a key feature of the terrace. The character of the fenestration varies according to floor level. The lower windowpane is larger than the top, a 2/3 1/3 split and the ground and first floor windows have vertical bars. The central upper 1/3 of the ground floor bay has a vertical mid-bar. At first floor level the upper 1/3 windows have one vertical bar in the window above the door and two in the window above the bay window.
THE PROPOSAL
2.1. Planning approval is sought to replace the existing timber frame windows on the front and rear elevations with UPVC frames. The following information has been submitted in support of the application; o Location plan o Photograph identification of front windows numbered to match the quote. o Window replacement quote by LDGlazing dated 04/10/2024
2.2. The front elevation windows are numbered 1, 2, 3, 8, 9, and 10. These are the prominent windows with a 2/3 1/3 split and the first floor window above the bay window has a vertical bar. The quote proposes to replace these windows with 50/50 split sash uPVC window.
2.3. The rear elevation windows are numbered 4, 5, 6, 7, 11 and 12. Window no.6 is a first floor window and is proposed as a 50/50 sash with horns. The other rear windows replace existing mixed design with one bottom opener and the rest top openers.
PLANNING POLICY
Site Specific 3.1. 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.
Strategic Policy 3.2. Strategic Policy 4 states that development must protect or enhance the fabric and landscape quality of a Conservation Area.
3.3. Environment Policy 35 and Planning Policy Statement 1/01 require development to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the area.
3.4. General Policy 2 states that development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of the Strategic Plan will normally be permitted, provided that the development accords with the criteria of the Policy. In this case the following criteria are considered relevant (c) and (g); (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.
3.5. Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings. 4. OTHER MATERIAL CONSIDERATIONS
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4.1. Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "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.
4.2. Planning Circular 1/98 - The Alteration and Replacement of Windows Set states: Category b) Buildings in a Conservation Area "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."
4.3. Residential Design Guide (July 2021), Chapter 5 Architectural Details, 5.2 Windows and Doors.
4.4. Legislation: 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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
PLANNING HISTORY
5.1. There is previous planning history within the red line but none considered to be materially relevant to the assessment of this application.
REPRESENTATIONS
6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
Local authority o Douglas Council - No objection (25.10.2024)
Statutory Bodies
o Manx National Heritage - although consulted on the 14.10.2024, 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 Highway Services - No interest (18.10.2024).
o Registered Buildings - although consulted on the 14.10.2024, 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
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7.1. The key considerations in the determination of this application are whether the impact of the proposal would protect or enhance the character of the dwelling and the Conservaton Area.
7.2. The dwellings in the Selbourne Conservation Area are described as being 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.
7.3. The relevant stand out feature of the terraced row in which the application site is located, is the timber sash 2/3 - 1/3 window detail with vertical bars and horns.
7.4. The replacement windows proposed are white casement top opening windows with a 50/50 ratio; no vertical bar or horn.
7.5. Ideally timber frame windows should be repaired but if they cannot be repaired then replacement is acceptable in any material provided the details of scale and opening remain the same. Details of why the windows cannot be repaired are not provided.
7.6. In applying Section 18(4) of the Town and Country Planning Act (1999) (4) special attention must be given to the desirability of preserving or enhancing the character or appearance of the dwelling. In applying great weight to the asset's conservation and the impact of the loss of the timber sash windows with the 2/3 - 1/3 split within the Selbourne Conservation Area, it is considered that the proposal neither protects nor enhances the character of the dwelling and would therefore detract from the character of the Conservation Area.
Planning Balance
7.7. The applicant has made a case that not all the windows in the terrace are 2/3 - 1/3 split and that there are 50/50 split windows in the vicinity of the site.
7.8. On the end terrace west of the site, windows have been replaced at no.12 under planning application no.23/00118/B with 50/50 ratio sliding sash. In this instance the windows at the time of the application were 50/50 bottom opening casement windows. The applicant sought to install 50/50 sliding sash which was an improvement. Policy states that replacement windows must have the same openings as the existing (at the time of the application) therefore policy allowed the replacement, and the sash windows were an improvement. It is regrettable because the windows in this dwelling stand out as not being in keeping with the dominant character of the terrace. Because there is some erosion of the character it is not a reason to continue it. And in any event the application site windows are not a 50/50 ratio.
7.9. Planning approval has recently been granted for a terrace to the right of the application site for the installation of uPVC sash windows comprising a 2/3-1/3 split.
7.10. There are 50/50 ratio windows on Queens Terrace and Queens Avenue however that is the character of those terraces. There are some 50/50 windows on Alexander Drive between Brunswick Road and Woodbourne Road however the style of those dwellings is different to those on Woodbourne Villas.
7.11. Therefore in weighing up the planning balance the significant harm is not outweighed.
CONCLUSION
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8.1. By virtue of the loss of the existing 2/3-1/3 ratio windows the proposal would cause undue harm to the character of the dwelling and the character of the terrace within the Conservation Area. Therefore the proposal fails to meet the test of Section 18(4) of the Town and Country Planning Act (1999) and so in accordance with s.16/18 the proposal should be refused.
8.2. The proposal does not accord with Strategic Policy 4, General Policy 2(c)(g), Environment Policy 35 and Planning Policy Statement 1/01, Planning Circular 1/98 and the Residential Design Guide (July 2021), Chapter 5.
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 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 : Refused Date: 29.11.2024
Determining Officer Signed : C BALMER
Chris Balmer
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