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25/90148/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90148/B Applicant : Mr James Philip Winton Glover Proposal : Installation of replacement windows Site Address : 11 Berkeley Street Douglas Isle Of Man IM2 3QB
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.04.2025 __
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. 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 proposal accords with General Policy 2 (b) (c) and (g) and the Residential Design Guide (2021).
Plans/Drawings/Information;
This decision relates to the following detail, plans and drawings received on the 7th of February 2025 unless otherwise stated; o Location Plan o Photograph identification of windows numbered to match the quote. o Window replacement quote by DPM dated 29/01/2025
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Douglas City Council - No objection o Highway Services - No Interest. __
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25/90148/B Page 2 of 5
Officer’s Report
THE SITE 1.1. The application site relates to a period two storey mid terrace dwelling no.11 Berkeley Street, Douglas. The façade of the property, and the terrace, is small built pale brick with simple design mouldings around the ground floor bay window and at the eaves. The front door comprises panel section below 3 tall narrow glazed panels above which a large single pane glass section exists. All the windows are sliding sash with horns and arched uppers.
1.2. The property is located on the south side of Berkeley Street.
1.3. The terrace is characterised by the brick work and the 50/50 ratio windows, many of which are now uPVC.
THE PROPOSAL 2.1. Planning approval is sought to replace the existing timber frame sliding sash 50/50 ratio windows on the front with uPVC frames 50/50 sliding sash. The following information has been submitted in support of the application; o Photograph identification of windows numbered to match the quote. o Window replacement quote by DPM dated 29/01/2025
PLANNING POLICY Site Specific 3.1. The site is within an area designated by the Isle of Man Strategic Plan in the Area Plan for the East as Predominantly Residential. It is not a registered building but it is within the Selbourne Drive Conservation Area.
Strategic Policy As a result of the above observations the following Policies are considered relevant. 3.2. Strategic Policy 4 states that development must protect or enhance the fabric and landscape quality of a Conservation Area.
3.3. 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.
3.4. 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.
3.5. Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings.
OTHER MATERIAL CONSIDERATIONS 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.
PLANNING HISTORY 5.1. There is another planning entry however this is the only one considered to be a material consideration in determining this application. o 13/00457/B - Installation of replacement windows and doors to rear elevation. Permitted. (uPVC)
REPRESENTATIONS 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.2 Local authority o Douglas City Council - No objection (18.02.2025)
6.3 Statutory Bodies o Highway Services - No Interest (12.02.2025).
o Registered Buildings - although consulted on the 07.02.2025, has not commented on this application at the time of drafting this report (23.04.2025) and so it is assumed that there are no objections to the application.
o Manx National Heritage - although consulted on the 07.02.2025, has not commented on this application at the time of drafting this report (23.04.2025) and so it is assumed that there are no objections to the application.
ASSESSMENT 7.1. The key consideration in the determination of this application is whether the impact of the proposal would protect or enhance the character of the dwelling and the Conservation Area.
7.2. The dwellings in the Selbourne Drive Conservation Area are described as being mostly two storey late Victorian/Edwardian properties with some features of repetition such as detailed facades with mouldings at windows and the eaves, angular bay windows beneath mono pitch roofs, dual pitch gables, angular sash windows and some 3rd floor windows with curved uppers.
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7.3. The relevant stand out feature of the terraced row in which the application site is located, is the brick work with brick detail around the arched uppers of the window openings. Sadly the curved upper of windows has been lost to the installation of angular uPVC windows.
7.4. The existing 50/50 ratio timber sliding sash windows appear to be original on account of the dimensions of the sash frame. The proposal is to replace these with uPVC 50/50 ratio sliding sash windows.
7.5. Loss of these windows is disappointing however the proposal replicates that which exists except for the curved uppers.
Planning Balance and Statutory test
7.6. In applying the Statutory test, the proposed windows would preserve the overriding character of the property on account of the sash detail and 50/50 ratio. The overriding character of arched frames is lost within the streetscene therefore the proposal would not harm the Conservation Area. In applying s18(4) of the Town and Country Planning Act (1999) the proposal would preserve the Conservation Area and therefore meets the test.
CONCLUSION 8.1. For the reasons given within the report the slight harm is outweighed by the planning balance and the proposal would adequately preserve the Conservation Area.
8.2. The proposal meets the statutory test and accords with the relevant policies of the Strategic Plan and 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.
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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 : 23.04.2025
Determining Officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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