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25/90156/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90156/B Applicant : Mr Desmond Young Proposal : Replacement of bay window panel window with door Site Address : 8 Raphael Road Douglas Isle Of Man IM1 3EH
Senior Planning Officer: Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.04.2025 __
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.
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 received on 17 February 2025. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DoI - Highways Services - No objection Douglas City Council - No Objection __
Officer’s Report
1.0 THE SITE
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1.1 The application site is the residential curtilage of Number 8 Raphael Road, Douglas. The building is the end terrace of a curved terrace fronting Grosvenor Road. Douglas. The building has frontages on both streets and is characterised as a three storey dwellinghouse with portrait style window with ornamental detailing above the window heads. The ground floor has a bay window with a pitch tiled roof above.
2.0 THE PROPOSAL 2.1 Proposed are a series of works to the front bay window to remove the lower portion of walling to the central window and the installation of a UPvc framed glazed doorway in its place with a glazed fanlight above and upvc fame. The width of the opening would measure approx. 1150m and would face onto Groves Road.
3.0 PLANNING POLICY 3.1 The local plan policy, designates the site as predominately residential on map 5 of the Area Plan for the East 2020, and within the Woodbourne Road 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 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages
Spatial Policy 1 Douglas is the main employment and service centre
General Policy 2 General Development Considerations
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:
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"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 24/00414/B - Conversion of building to provide four apartments involving replacement roof slates, windows, door, guttering and downpipes and provision of cycle storage. Approved with four conditions.
5.0 REPRESENTATIONS 5.1 Douglas Borough Council has no objection (03/03/25) 5.2 Highways Services do not object (received 11/02/25)
6.0 ASSESSMENT
The key considerations in the determination of the application are; o Section 18(4) test o Principle o Design & Visual impact o Impact upon the character and streetscene & Conservation area o Impact upon the neighbouring properties
SECTION 18(4) TEST 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. With this in mind and noting that the proposal is solely contained to the front elevation of an existing building, the proposals are of a 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 residential use. The general principle would be in accordance with SP1 and STP2.
DESIGN & VISUAL IMPACT 6.3 The removal of the window and installation of a doorway would fit within the current reveals and would be made from a UPvc material that is reflective of the exiting windows throughout the building. The new door is to be glazed for its majority and a fan lights above in upvc would be acceptable alterations and have little disenable difference to the existing when viewed from the street scene and could be in keeping with the character of the streetscene. As such this would be accordance with General Policy 2 and would be in keeping with the special character of the conservation area in accordance with Ep35 and Sp4(a).
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CONSERVATION AREA 6.4 With regard to any adverse impact upon the existing conservation area the character of the street scene, it is noted as being predominately residential 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 material 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 window to a 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: 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.
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): 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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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: 03.04.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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