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24/91245/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91245/B Applicant : Cherry Godfrey Proposal : Installation of ground floor replacement windows and doors Site Address : 25 - 27 Victoria Street Douglas Isle Of Man IM1 2LG
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.12.2024 __
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. Due to the replicated scale and design the replacement windows and doors would not cause undue harm to the character of the building or the Conservation Area. Having applied the Statutory Test of Section 18(4) of the Town and Country Planning Act (1999) the proposal would preserve and protect the Conservation Area. The proposal accords with Planning Policy Statement 1/01, Planning Circular 1/98, and Planning Circular 1/98 and; General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This decision relates to the following Plans, drawings and detail received on the 12th of November 2024.
o Location Plan Drawing no 1 o Site Plan o Plans and Elevations - Drawing no.24-119-05
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
o Highways Services - No objection
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o Douglas Council - No Objection __
Officer’s Report
THE SITE 1.1. The application site relates only to the ground floor of 25 - 27 Victoria Street in Douglas. The site is located mid-way along Vitoria Street on the south side of the street.
1.2. The building is a four floor end corner terrace. The shape of the building is such that the corner is at an angle where it meets Fort Street, thus providing views into Victoria Street as it makes its way towards Loch Promenade.
1.3. The ground floor windows are representative of typical large shop windows as one would find for retail or café premises. Apart from the swept arch window on the corner with Fort Street, the windows are rectangular with a large pane below and smaller pane above. The main entrance has double doors which are glazed, and above a singular rectangular horizontal window. The façade at ground level is simplistic.
1.4. The rest of the façade of the building has detailed mouldings in varying degrees of grandeur. The first floor comprises a parapet bay window and ornate mouldings between the floors. The windows are high swept arch sash windows. There is less moulding between the first and second floor, more moulding between the second and third. The windows at second floor have a lower swept arch and the fourth floor windows are angular.
1.5. There are other buildings within the vicinity of similar design and scale.
1.6. There are no registered buildings nor is the site within the setting of a registered building.
1.7. The site is not within a flood zone.
1.8. The site is within the Athol Street and Victoria Street Conservation Area.
THE PROPOSAL 2.1. The applicant proposes to replace the timber framed windows and doors at ground floor level with uPVC windows and doors.
2.2. There is one window with a wide low swept arched and the uPVC window will mimic that design. There are arched windows within the doors and these too will be mimicked.
2.3. There remaining windows are angular.
PLANNING POLICY Site Specific 3.1. The site is not within a flood zone, nor does the site impact upon a Registered Building or protected tree.
3.2. The application site is located within the Athol Street and Victoria Street Conservation Area.
3.3. The site is designated on land designated for as "Strand Street - Mixed Use" on the Area Plan for the East Proposals Map 5, Douglas Town Centre.
Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
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Strategic Plan 3.4. In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this planning application:
3.5. Strategic Policy 4 states that proposal must protect or enhance the fabric of Conservaton Area through the quality of urban landscape.
3.6. Environment Policy 34 and 35 relate to the preference for the use of traditional materials and conservation of a site and surroundings to ensure that alterations do not result in any adverse impacts.
3.7. General Policy 2 states that development within the designated land use is acceptable provided that the development meets relevant criteria. In this instance the criteria considered relevant are (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
OTHER MATERIAL CONSIDERATIONS 4.1. Development in Conservation Areas must take into consideration the following.
4.2. 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."
4.3. Planning Circular 1/98 - 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 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 original method of opening, whatever the material used in the construction."
4.4. Planning Circular no.7/89 - the Isle of Man Planning Scheme (Development Plan) Order 1982 - Shop Fronts. (2) General Principles are to preserve surviving historic shop fronts. New shop fronts should respect the scale materials colour and design of the building.
4.5. Legislation 4.6. Section 16(3) of the Town and Country Planning Act (1999) states, "In considering - (a) whether to grant planning approval for development which affects a registered building or its setting, or (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses".
4.7. 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".
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Given that the site is within a within Conservation Area the above requirements apply and appropriate consideration will be given in the assessment.
PLANNING HISTORY 5.1. None that are considered materially relevant to the assessment and determination 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. (15.11.2024)
Statutory Bodies
o Manx National Heritage - although consulted on the 06.11.2024, 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 (08.11.2024).
o Registered Buildings - although consulted on the 06.11.2024, 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 Manx Utilities, Electricity - although consulted on the 06.11.2024, 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.
Other comments received. o None received.
ASSESSMENT 7.1. Principle 7.1.1. The principle of replacing windows in a Conservation Area is generally acceptable provided the replacement windows protect or enhance the character of the Conservation Area. Therefore the key considerations are whether the proposal protects and or enhances the character of the building and therefore the Conservation Area.
7.2. Impact upon the building
7.2.1. The loss of the timber windows and doors is regrettable but is accepted in the interest of energy savings and sometimes noise reduction on busy streets.
7.2.2. In respect of the doors, the existing double door visual is maintained, and the window above the door is retained. Therefore the replacement design is considered to replicate the existing.
7.2.3. In respect of the windows, the proposed windows mimic the original shapes and scale of the existing windows. The noticeable change will be the loss of the carved curve inside the corners of each window frame. The result will be a less soft appeal to the overall visual as it would reveal the angular glass within the window frame.
7.2.4. In weighing up the planning balance whilst this would cause some harm to the building at street level, in respect of grandeur the eye is drawn upwards. Furthermore there are several
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replacement uPVC windows and therefore the character in the street scene tentatively accepts the uPVC windows.
7.2.5. Overall the proposal would accord with policy and is acceptable.
7.3. Impact upon the Conservation Area
7.3.1. The building is referred to within the Athol Street and Victoria Street Conservation Area Character Appraisal (22.11.2007) which observes at paragraph 4.13 that more than half the Victorian frontages survive in the upper part of Victoria St despite considerable development. There is an ebullient version of seaside classical in which bays pediments balustrades and finials are mixed with decorative rendered motifs to create a series of highly individual facades. The best examples are the related properties of no.26, 25-33 and no.45. All the Victorian facades are rendered and painted and it is this common use of materials combined with consistency of scale that provides the visual of an ordered street character.
7.3.2. The existing ground floor timber window frames comprise carved detail that is particularly noticeable in the corners of each window where the timber is curved. The curved corners soften the window frame and provide interest within the shop front frames.
7.3.3. In applying the test of s18(4) of the TCPA(1999) it is considered that the loss of the timber frame, by virtue of the loss of the carved curved detail would cause slight harm to the building. However in weighing up the harm impacted upon the Conservation Area, it is considered the harm would be less than significant. Overall by virtue of the fenestration pattern, in the wider context and near to, the proposal retains the fenestration pattern therefore the Conservation Area would be preserved. Therefore the proposal meets the test.
CONCLUSION 8.1. The proposal meets the test of s18(4) of the TCPA and Planning Policy Statement 1/01 and Planning Circular 1/98. The proposal is considered to be acceptable in respect of Planning Circular 1/98.
8.2. The resultant visual impact upon the character of the property and the wider Conservation Area would not be unduly harmed. Therefore the proposal is considered to accord with Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016 and relevant guidance and 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);
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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.
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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: 10.12.2024
Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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