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25/90067/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90067/B Applicant : Mr James Moore Proposal : Installation of replacement windows (retrospective) Site Address : 32 Derby Road Douglas Isle Of Man IM2 3ET
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.04.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
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. The windows inserted protect the character of the front and side elevation of the building and the character of the streetscene. Therefore the proposal accords with General Policy 2 (b) (c) and (g) and is acceptable in respect of Planning Circular 1/98 and the Residential Design Guide (2021).
Plans/Drawings/Information;
This decision relates to the following plans and detail received on the 20th of January 2025. o Location plan o Photographs of windows prior to the change (side and front elevations) o Photographs of windows as existing with the new windows inserted
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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 Interest o Douglas Corporation - No Objection __
Officer’s Report 1.0 THE SITE 1.1 The site relates to the curtilage associated with no.32 Derby Road Douglas that is a 3 storey end terrace dwellinghouse situated on the North side of Derby Road at its junction with Melbourne Street.
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1.2 Throughout the front façade of the building there are mouldings around the openings and under the eaves. Apart from the entrance door, the ground floor has a bay window comprising 3 openings. The first floor the windows are angular tall windows with arched tops. The second floor windows are angular as is the dormer window.
1.3 The side elevation comprises tall windows at ground level through to second floor level, the first floor windows have arched tops. There are two windows in the apex of the gable, both with arched tops.
2.0 THE PROPOSAL 2.1 The application proposes retention of windows installed contrary to the approved details under PA 22/00484/B. The approval in 2022 was for the proposed installation of vertical sliding sash windows however instead casement windows of a 50/50 ratio have been installed.
3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East. The site is within the Windsor Road Conservation Area.
3.1.2 The site is not a Registered Building nor within the setting of one. There are no protected trees and no flood zone.
3.2 Strategic Policies 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.
3.2.1 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.
3.2.2 Strategic Policy 4 states that development must protect or enhance the fabric and landscape quality of a Conservation Area.
3..2.3 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 (b) (c) and (g); (b) respects the site and surroundings in terms of the design. (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.
3.2.4 Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
3.2.5 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.
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.
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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. 6.0 REPRESENTATIONS 6.1 Local Authority o Douglas Corporation - No objection (31.01.2025)
6.2 Statutory Bodies o Highways - No Interest (30.01.2025) o Registered Building Officer - although consulted on 20.01.2025 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 National Heritage - although consulted on 20.01.2025 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 New windows have been inserted therefore the consideration in determining this retrospective application is whether any harm has been caused to the character of the dwellinghouse and therefore the Conservation Area. If there is harm, it must be considered whether the level of harm warrants refusal.
7.2 Prior to replacement, and at the time of the 2022 planning application, the windows were casement windows with bottom openers except for the two first floor windows which had a vertical bar and incorporated side openings.
7.3 Approval was granted for sliding sash windows of a 50/50 ratio however the new windows are casement. Although casement, the 50/50 ratio exists and the two first floor windows no longer have a central mid-bar. The mock sash windows have bottom openers.
7.4 Within a Conservation Area in which traditional timber sash windows would have existed, the preference is for new windows to be timber sliding sash. Modern uPVC sliding sash windows have become more acceptable and are preferred to casement windows in locations such as this.
7.5 It is disappointing that the sash windows have not been inserted. The replacement of uPVC with uPVC does not enhance the Conservation Area but results in no harm to the character of the dwellinghouse or the Conservation Area because it results in a neutral impact.
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However, the new 50/50 ratio windows at first floor level are an improvement because the previous windows with side openings did cause harm to the Conservation Area.
7.6 Within the terrace there is a mix of styles suggesting alterations during various periods in time. However of the properties closest the application site and of the same design, two have vertical bars within front elevation windows, the rest do not, therefore on balance the overriding character does not include vertical bars. There are vertical bars in other properties of a very different design within the terrace. Also relevant is that the sash windows approved in 2022 did not require a vertical mid-bar.
7.7 In respect of design, the windows inserted are considered in keeping with fenestration on the majority of facades within the terrace. The 50/50 ratio fenestration with bottom opener in the first floor windows of this property are considered an improvement on the previous vertical side openings. have changed to mock sash with bottom openers, the same as the other windows within the façade.
7.8 In applying the test under section 18(4) of the Town and Country Act (1999) as to whether the works preserve or enhance the Conservation it is considered that the windows preserve the Conservation Area and offer a slight improvement by virtue of removal of the vertical windows at first floor level.
8.0 CONCLUSION 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. The windows inserted protect the character of the front and side elevation of the building and the character of the streetscene. Therefore the proposal accords with General Policy 2 (b) (c) and (g) and is acceptable in respect of Planning Circular 1/98 and the Residential Design Guide (2021).
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.
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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 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: 16.04.2025
Determining Officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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