Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91319/B Applicant: Mrs Catherine, Ann Devine Proposal: Installation of replacement windows and door Site Address: 41 Woodbourne Road Douglas Isle Of Man IM2 3AD Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 15.04.2025 _________________________________________________________________

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 arched window above the door shall be retained. If the frame is found unsafe it shall be replaced with one that replicates the existing arched glass.

Reason: For the avoidance of doubt and clarity that replacement or removal of the window above the door is not approved as part of this application.

This application has been recommended for approval for the following reason. Having due regard to Section 18(4) of the Town and Country Planning Act (1999), Planning Circular 1/98 and Planning Policy Statement 1/01 the proposal would preserve the Conservation Area. Due to the proportion and design of the proposed windows and door the proposal would not cause undue harm to the character of the property or the Conservation Area. Therefore the proposal is considered to accord with Strategic Policy 3 and 4, General Policy 2 of the Isle of Man Strategic Plan 2016, and accord with the Design Guide.

Plans/Drawings/Information;

This decision relates to the following Plans, drawings and detail received on the 20th of November 2024.

• o Location Plan
• o Proposed detail
• o Proposed specifications _________________________________________________________________

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

• o Highways Services - No objection
• o Douglas Corporation - No Objection _________________________________________________________________

Officer’s Report

- 1. THE SITE

• 1.1. The application site relates to a terraced dwellinghouse, no.41 Woodbourne Road, Douglas.
• 1.2. The façade comprises painted render with mouldings around all openings and under the eaves. The fenestration comprises sliding sash windows on all floors. The ground floor windows are angular and the first floor and roof dormer windows have arched tops. There is an arched top window above the entrance that comprises the front door with side panels that are half glazed.
• 1.3. The façade and fenestration pattern is replicated throughout this terrace.

- 2. THE PROPOSAL

• 2.1. The application proposes replacement windows and door.
• 2.2. In support of the application photographs of the existing windows are provided and the quote and specification from Regal Windows showing the proposed windows and door.
• 2.3. The existing sash windows at the front of the property are proposed replaced with uPVC double glazed sash windows. The rear windows are proposed as casement windows. The front door is proposed as composite.
• 2.4. The applicant has confirmed that the arched glazed window above the door is retained as is the design of the side panels.

- 3. PLANNING POLICY

• 3.1. Site Specific

• 3.2. On the Area Plan for the East, Proposals Map 5, Douglas Town Centre, the site is within an area designated as Predominantly Residential.
• 3.3. The site is within the Woodbourne Road Conservation Area.
• 3.4. The site is not a Registered Building nor is it within the setting of one. There are no Registered Trees within the site or adjacent to it. The site is not within a flood zone or area of surface water flooding. Strategic Policy
• 3.5. Given the above findings, the following Policies from the Isle of Man Strategic Plan 2016 are considered to be relevant in the assessment of the proposal.
• 3.6. Strategic Policy 3 and Environment Policy 42 focus on the visual design of development and its impact upon the character and identity of its immediate locality.
• 3.7. Strategic Policy 4 states that development must protect or enhance the fabric and landscape quality of a Conservation Area.

• 3.8. 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.
• 3.9. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• 3.10. 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.

- 4. OTHER MATERIAL MATTERS

• 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.
• 5. PLANNING HISTORY

• 5.1. The following planning applications are considered to be materially relevant to the assessment of this proposal.

• o 11/00250/B Installation of replacement windows to front and rear elevations. Permitted.
• o 99/01168/B Installation of replacement windows. Permitted.

- 6. REPRESENTATIONS

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

• 6.2. Local Authority Douglas Corporation - No objection (06.12.2024

• 6.3. Statutory Bodies o Highway Services - No interest (39/12/2024).

- 7. ASSESSMENT

• 7.1. Taking account of the above observations the key consideration in assessing this application is whether the design of the replacement windows and door would protect or enhance the character of the building and therefore the Conservation Area.

• 7.2. The windows have been previously replaced in 1999 (PA 99/01168/B) and in 2011 (PA 11/00250/B). In both instances the proposals were considered to preserve the Conseravation Area. This proposal is to replace the windows and door with replicas of that which exists therefore the proposal would accord with General Policy 2.
• 7.3. Section 18(4) of the Town and Country Planning Act (1999) states, requires that special attention is paid to the preservation or enhancement of a Conservation Areas character. S.16/18 creates a presumption against approving any development which would conflict with the Act which is afforded considerable weight.
• 7.4. In applying the Statutory test, because the windows retain the same fenestration and method of opening it is considered that the replacement would preserve the Conservation Area. Therefore the proposal meets the Statutory test in respect of the windows.

- 8. CONCLUSION

• 8.1. The proposal is considered to be acceptable in respect of design and visual impact upon the character of the property and the wider Conservation Area. For the above reasons the proposal is considered to accord with Strategic Policy 3 and 4, General Policy 2 of the Isle of Man Strategic Plan 2016, and accord with the Design Guide.
• 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 : Permitted Date: 15.04.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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