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Application No.: 25/90027/B Applicant: Mr Ben Holloway Proposal: Installation of replacement windows to front elevation with new dentils and gutter to existing oriel bay. Site Address: 44 Athol Street Douglas Isle Of Man IM1 1JB Senior Planning Officer: Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.03.2025 _________________________________________________________________
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.
The proposals are considered to be in accordance with Section 18 of the Town and Country Planning Act, together with Strategic Policy and Environment Policy 35 of the Strategic Plan, and policy CA/2 of Planning Policy Statement 1/01 as the proposed development is judged to be such that the character and appearance of the Athol Street/Victoria Conservation Area would be preserved. Furthermore, it is judged that the application meets the tests of General Policy 2 within the Strategic Plan as the proposals would cause no harm to the character of the surrounding townscape. The application is therefore judged to be acceptable.
Plans/Drawings/Information; This decision relates to drawings and supporting information submitted on 14 January 2025. _________________________________________________________________ Right to Appeal Right to Appeal: It is recommended that the following organisations should NOT be given the Right to Appeal: D.O.I. Highways - No objection
Douglas Borough Council - No objection
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site is the curtilage of Number 44 Athol Street, a three storey midterraced building sited on the north western side of the Highway. The building sits within the Athol Street/Victoria Street Conservation Area. Within the street scene, each of the buildings features a degree of individuality and character which distinguished them from the neighbours but the common theme amongst many of the buildings are the use of white Upvc, sliding sash portrait shaped windows. - 1.2 The building is characterised with a prominent timber frame Oriel bay window with a flat roof projecting out over the footpath. The window configuration is in a two over two split with central mullions and top hinged window openings. - 1.3 The first and second floors feature two portrait shaped reveals with white timber framed sliding sash windows with Georgian glazing bars in a three over two pattern. The front elevation has a painted render finish with ashlar markings and a horizontal ornamental moulding between the first and second floor.
2.0 THE PROPOSAL - 2.1 Proposed are a series of works to the front elevation to replace the windows to the first and second floor with black, Upvc double glazed sliding sash windows. - 2.2 On the ground floor, the replacement of the timber framed Oriel bay windows with black UPVC sliding sash windows to the sides of the bay and fixed glazed panels to the centre panels. All proposed windows are to be double glazed to help with the energy efficiency of the building. - 2.3 The existing timber front door is to be painted black or replaced with a new black door matching the existing appearance. - 2.4 The proposals also include the installation of ornamental dentils and new gutter added to existing oriel window. The existing timber fascia and panelling to be painted black to match proposed window frames. - 2.5 The architect notes in their supporting statement; "These proposals were previously approved in 2020 (application 20/00497/B). The only difference between the proposals in the two applications, is that the oriel window frames, fascia and panelling, and the front door are now proposed to be black"
3.0 PLANNING POLICY - 3.1 The local plan policy, designates the site within Mixed Use Proposal Area 4 St George's on map 5 of the Area Plan for the East 2020, and within the Athol Street/Victoria Street Conservation Area. - 3.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; Strategic Policy
Environment Policy 35 Preserve or enhancement for Conservation Areas
OTHER MATERIAL PLANNING CONSIDERATIONS In terms of other material considerations it is important to consider the following guidance and policy documentation for alterations to buildings within conservation areas;
3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man;
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS 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. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
3.4 Planning Circular 1/98 provides advice on the replacement of windows and suggests in Conservation Areas the method of opening is more important than the frame material but the original method of opening should be replicated where the originals are in place. - 3.5 S18 Designation of conservation areas
(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.
3.6 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 patterns and section of glazing bars and the same frame sections as the as the original windows. - 3.7 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."
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"
4.0 PLANNING HISTORY - 4.1 20/00497/B - Alterations and installation of replacement windows to front elevation. Approved but not implemented and now expired.
5.0 REPRESENTATIONS - 5.1 Douglas Borough Council has raised no objection (received on 26/02/25).
5.2 Highways Services do not object (received 17/02/25)
6.0 ASSESSMENT The key considerations in the determination of the application are;
6.1 The property is situated within a Conservation Area, as such it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works would preserve or enhance the Conservation Area. The proposals as further assessed below will ascertain whether there is any detrimental visual impact from the replacement fenestration in a like for like manner, albeit of a different colour. With this in mind and noting that the proposal is solely contained to the front elevation of an existing building, the proposals are scale that should not alter the wider Conservation Area as a whole, the proposal at this stage would pass the Section 18(4) test by helping to preserve the Conservation Area. PRINCIPLE - 6.2 The site sits within the main town of Douglas and within a prominent street scene that is designated for mixed use, and mainly contains offices. The general principle would be in accordance with SP1 and STP2. DESIGN & VISUAL IMPACT - 6.3 With regard to the first and second floor window replacements, the proposal seeks to replace the existing windows on the front elevation with Upvc sliding sash windows and to match the existing in terms of opening mechanism. The proposals on the front are welcomed and would replicate the traditional method of opening albeit in a more modern material, which will add a degree of unity to the front façade and would be in keeping within the context of the streetscene. The windows policy states that there is no preference to the material used in windows in Conservation Areas, so the use of the proposed UPVC has been recognised as an acceptable alternative to timber and is seen amongst other properties within the street scene. The absence of the Georgian glazing bars would not be considered to be detrimental to the character of the area. - 6.4 Turning to the Oriel bay window, It is certainly distinctive in the streetscene, but does not obstruct the pavement as it is in line with the first tread of the steps and many properties along this side of the street have ornamental metal railing offset by approx. 1.0m from the elevation of the building to allow for a light well to the windows for the basement rooms. - 6.5 The cosmetic alterations to the bay window using black UPVC sliding sash would be an acceptable change and as there is no material altering the size of the frame, merely replacing the window units in the existing reveal with a more modern material and a traditional opening mechanism that is usually an accepted alteration for replacement windows and would match those to the upper floors. In this instance, the proposal would be considered to be in keeping with the street scene and would add a degree of uniformity to the front elevation. CONSERVATION AREA - 6.6 With regard to any adverse impact upon the existing conservation area the character of the street scene, it is noted as being predominately mixed use and given the location of the scope of works to the front elevation would not be contentious as the proposals are in a manner similar to the existing fenestration and finish. The proposal would not be out of
character here and would have a neutral impact upon the conservation area helping to preserve the overall appearance of the street scene in accordance with EP35.
7.0 CONCLUSION - 7.1 For the above reasons, the application is recommended for approval as it is concluded that the replacement windows/door would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, planning Circular 1/98 and Policy Statement 101. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 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). - 8.2 Article A10 sets out that the right to appeal is available to:
8.3 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. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
I can confirm that this decision has been made by the 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 : 18.03.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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